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,
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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.
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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.
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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
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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.
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Exhibit B
Vicinity Map
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Exhibit C
Notification
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