R2022-CUP22-09 2022-05-23RESOLUTION R2022- CUP22-09
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Major) use within the
Garden/O’Day-Mixed Use (G/O-MU) District, on approximately 0.606 acres of
land, being all of Lot 8, in Block 9, Hickory Creek Place, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume 11,
Pages 1 & 2 of the Plat Records of Brazoria County, Texas (located at 2217
Garden Road, Pearland, Texas). Conditional Use Permit Application No
CUP22-09, for Auto Repair (Major) use within the Garden/O’Day-Mixed Use
(G/O-MU) District, at the request of Charles Butcher, applicant, on behalf of
Joseph Chavez, owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
WHEREAS, Charles Butcher, applicant, on behalf of Joseph Chavez, owner, is
requesting approval of a Conditional Use Permit (CUP) for Auto Repair (Major) use within
the Garden/O’Day-Mixed Use (G/O-MU) District, on approximately 0.606 acres 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 2nd day of May 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,
finds that in the case of the application of Charles Butcher, applicant, on behalf of Joseph
Chavez, owner, for approval of a Conditional Use Permit (CUP) for Auto Repair (Major)
use within the Garden/O’Day-Mixed Use (G/O-MU) District; presented which, in the
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judgment of the Planning and Zoning Commission have provided input and discussion;
and
WHEREAS, on the 23rd day of May 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 Charles Butcher, applicant, on behalf
of Joseph Chavez, owner, for approval of a Conditional Use Permit (CUP) for Auto Repair
(Major) use within the Garden/O’Day-Mixed Use (G/O-MU) 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
Garden/O’Day-Mixed Use (G/O-MU) District, is hereby granted a Conditional Use Permit
(CUP) for Auto Repair (Major) 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: Lot 8, in Block 9, Hickory Creek Place, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume
11, Pages 1 & 2 of the Plat Records of Brazoria County, Texas.
General Location: 2217 Garden Road, 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
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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 23rd day of May 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
LESLIE CRITTENDEN
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Legal Description
Lot 8, in Block 9, Hickory Creek Place, a subdivision in Brazoria County, Texas, according
to the map or plat recorded in Volume 11, Pages 1 & 2 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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