R2022-CUP22-11 2022-06-13RESOLUTION R2022- CUP22-11
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Dwelling – Industrialized Home use on
approximately 11.00 acres of land located within the Garden/O’Day-Mixed Use
(G/O-MU) District, being described as all of Lot 1, Block 1 of Bearden Estates,
a 2-lot subdivision in Brazoria County, Texas, according to the map or plat
recorded in County Clerk’s File No. 2022006865 of the Plat Records of
Brazoria County, Texas (located at 2336 Garden Road, Pearland, Texas).
Conditional Use Permit Application No CUP22-11, for Dwelling – Industrialized
Home use within the Garden/O’Day-Mixed Use (G/O-MU) District, at the
request of Amanda & Preston Bearden, applicant and owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Amanda & Preston Bearden, applicant and owner, are requesting
approval of a Conditional Use Permit (CUP) for Dwelling – Industrialized Home use within
the Garden/O’Day-Mixed Use (G/O-MU) District, on approximately 11.00 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 16th 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 Amanda & Preston Bearden, applicant and
owner, for approval of a Conditional Use Permit (CUP) for Dwelling – Industrialized Home
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
use within the Garden/O’Day-Mixed Use (G/O-MU) District; presented which, in the
judgment of the Planning and Zoning Commission have provided input and discussion;
and
WHEREAS, on the 13th day of June 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 Amanda & Preston Bearden,
applicant and owner, for approval of a Conditional Use Permit (CUP) for Dwelling –
Industrialized Home 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 Dwelling – Industrialized Home 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: Being all of Lot 1, Block 1 of Bearden Estates, a 2-lot
subdivision in Brazoria County, Texas, according to the map or plat
recorded in County Clerk’s File No. 2022006865 of the Plat Records of
Brazoria County, Texas.
General Location: 2336 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
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
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: CEA81C70-2279-4BA4-AA01-0A7E80330E15
PASSED, APPROVED, and ADOPTED on this day, the 13th day of June 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
LESLIE CRITTENDEN
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
Exhibit A
Legal Description
Being all of Lot 1, Block 1 of Bearden Estates, a 2-lot subdivision in Brazoria County,
Texas, according to the map or plat recorded in County Clerk’s File No. 2022006865 of
the Plat Records of Brazoria County, Texas.
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
Exhibit B
Vicinity Map
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
Exhibit C
Notification
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15