The URL can be used to link to this page

Home My WebLink AboutR2022-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 DocuSign Envelope ID: 45805948-E911-43CB-943E-F1A554593E69 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 DocuSign Envelope ID: 45805948-E911-43CB-943E-F1A554593E69 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: 45805948-E911-43CB-943E-F1A554593E69 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 DocuSign Envelope ID: 45805948-E911-43CB-943E-F1A554593E69 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. DocuSign Envelope ID: 45805948-E911-43CB-943E-F1A554593E69 DocuSign Envelope ID: 45805948-E911-43CB-943E-F1A554593E69 Exhibit B Vicinity Map Exhibit 1 Aerial & Zoning Map CUP 22-09 2217 Garden Road Auto Repair (Major) in G;O-MU Legend 1=1Sublect Pr4puiv I I �. PrgOnrr r Mr vdommtleml PVF�W VI uil nK I,.... tmdfi brcWNd roe. MYYILYi. • •erl cnenrrIkfl n we'rry14fD +e r' •,rrwr mb Liar .pprvau.lo ,.lwro 6 t,., d orr4.. 1y 6mnd.rw. 1 inch • 250 Not Did111rN[TY D6 DEPT. APil 1, ₹073 DocuSign Envelope ID: 45805948-E911-43CB-943E-F1A554593E69 Exhibit C Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1765 FAX: 281.652.1702 www.pearlandtx.gov NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission of the City of Pearland will hold a public hearing on Monday, May 2, 2022, at 6:30 p.m.; and that the City Council of the City of Pearland will hold a public hearing and resolution adoption on Monday, May 23, 2022, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 22-09 A request by Charles Butcher, applicant, on behalf of Joseph Chavez, owner, for approval of a Conditional Use Permit (CUP) to allow for Auto Repair (Major) use on approximately 0.606 acres of land in the Garden/O'Day-Mixed Use (G/O-MU) District, to wit: 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. Summary: The applicant is proposing to operate a transmission repair shop in the existing building on the subject property. THE PUBLIC HEARING WILL BE HELD IN THE Council Chamber of Pearland City Hall 3519 Liberty Drive. Pearland. Texas You are receiving this notice because appraisal district records indicate that you own property within 200 feet of the subject property identified on the attached map. You are invited to attend the public hearing and voice your support or opposition for the above reference request. If you have comments. please feel free to email them to sipwefc Dearlandtx.aov or submit a public comment form using the above application number to reference this case. For more information on this request and your involvement in the hearing process, visit our website at w w.oearlandtx.aovfoublic-hearinas.