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R2022-CUP22-02 2022-03-07RESOLUTION R2022- CUP22-02 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District, to accommodate a proposed self-storage facility on approximately 10.61-acre tract of land; being described as a tract of land situated in the R. B. Lyle Survey, Abstract No. 542, City of Pearland, Brazoria County, Texas; said tract being a part of a Tract A of Ray Bellew and Sons Subdivision, a subdivision according to the Plat recorded in Volume 17, Page 21 of the Plat Records of Brazoria County, Texas (located North of 1323 N. Main Street, Pearland, Texas). Conditional Use Permit Application No CUP22-02, for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District, at the request of Carolyn O’Brien, Pacheco Koch, applicant, on behalf of Kwak Jung Hwan, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Carolyn O’Brien, Pacheco Koch, applicant, on behalf of Kwak Jung Hwan, owner, is requesting approval of a Conditional Use Permit (CUP) for Mini- Warehouse/Self-Storage use within the General Commercial (GC) District, on approximately 10.61-acre tract of land; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit “A,” and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit “B”; and WHEREAS, on the 21st day of February 2022, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which being attached hereto and made a part hereof for all purposes as Exhibit "C,” said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C finds that in the case of the application of Carolyn O’Brien, Pacheco Koch, applicant, on behalf of Kwak Jung Hwan, owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District; presented which, in the judgment of the Planning and Zoning Commission have provided input and discussion; and WHEREAS, on the 7th day of March 2022, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, finds that in the case of the application of Carolyn O’Brien, Pacheco Koch, applicant, on behalf of Kwak Jung Hwan, owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the General Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) for Mini- Warehouse/Self-Storage use, in accordance with all conditions and requirements of the Unified Development Code approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: A 10.61-acre tract of land situated in the R. B. Lyle Survey, Abstract No. 542, City of Pearland, Brazoria County, Texas; said tract being a part of a Tract A of Ray Bellew and Sons Subdivision, a subdivision according to the Plat recorded in Volume 17, Page 21 of the Plat Records of Brazoria County, Texas. DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C General Location: North of 1323 Main Street, Pearland, Texas. Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the Resolution adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City’s police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Resolution and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Resolution shall become effective after its passage and approval. DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C PASSED, APPROVED, and ADOPTED on this day, the 7th day of March 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ LESLIE CRITTENDEN INTERIM CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C Exhibit A Legal Description A 10.61-acre tract of land situated in the R. B. Lyle Survey, Abstract No. 542, City of Pearland, Brazoria County, Texas; said tract being a part of a Tract A of Ray Bellew and Sons Subdivision, a subdivision according to the Plat recorded in Volume 17, Page 21 of the Plat Records of Brazoria County, Texas. DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C Exhibit B Vicinity Map DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C Exhibit C Notification DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C