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Home My WebLink AboutR2022-CUP22-12 2022-08-08RESOLUTION R2022- CUP22-12 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, on approximately 3.3131 acres of land; being described as Lot 1-B, Block 1 of Replat No. 1 of Lot 1 of Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria County, according to the plat recorded under County Clerk’s File No. 2008035185 in the Plat Records of Brazoria County, Texas (located at 7221 Fite Road, Pearland, Texas). Conditional Use Permit Application No CUP22-12, for Mini- Warehouse/Self Storage use within the General Commercial (GC) District, at the request of Jennifer Evans, applicant, on behalf of Signature Eubanks & Associates, Ltd., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Jennifer Evans, applicant, on behalf of Signature Eubanks & Associates, Ltd., owner, is requesting approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self Storage use on approximately 3.3131 acres of land within the General Commercial (GC) District; 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 18th day of July 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 Jennifer Evans, applicant, on behalf of Signature DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 Eubanks & Associates, Ltd., owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self Storage use on approximately 3.3131 acres of land 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 8th day of August 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 Jennifer Evans, applicant, on behalf of Signature Eubanks & Associates, Ltd., owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self Storage use on approximately 3.3131 acres of land 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: Lot 1-B, Block 1 of Replat No. 1 of Lot 1 of Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria County, according to the plat recorded under County Clerk’s File No. 2008035185 in the Plat Records of Brazoria County, Texas. General Location: 7221 Fite Road, Pearland, Texas. Conditions of Approval: DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 1.The proposed use shall be developed in substantial conformance to the building materials depicted on the attached images provided by the applicant (Attached Exhibits D-1 & D-2). 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: FEA01432-5010-4036-9BD6-F0D8CB197300 PASSED, APPROVED, and ADOPTED on this day, the 8th day of August 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 Exhibit A Legal Description Lot 1-B, Block 1 of Replat No. 1 of Lot 1 of Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria County, according to the plat recorded under County Clerk’s File No. 2008035185 in the Plat Records of Brazoria County, Texas. DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 Exhibit B Vicinity Map DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 Exhibit C Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1765 FAX: 281.652.1 702 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, July 18, 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, August 8, 2022, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 22-12 A request by Jennifer Evans, applicant, on behalf of Signature Eubanks & Associates, Ltd., owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self Storage use on approximately 3.3131 acres of land within the General Commercial (GC) District, to wit: Legal Description: Lot 1-8, Block 1 of Replat No. 1 of Lot 1 of Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria County, according to the plat recorded under County Clerk's File No. 2008035185 in the Plat Records of Brazoria County, Texas. General Location: 7221 Fite Road, Pearland, Texas. Summary: The applicant's intent is to construct a 40,000 square foot climate - controlled storage facility on the subject property. In 2020, a CUP was granted for the subject site was granted, which had expired, THE PUBLIC HEARING WILL BE HELD IN THE Council Chamber of Pearland City Hall 3519 Liberty Dnve, Pearlard, 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 slowe(cr.pearlandtx.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 www.pearlandtx.uovlbublic-heannus_ DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB 197300 Exhibit "D-1" STORE pSPACE -_4'. SELF STORAGE DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB 197300 Exhibit "D-2"