R2022-CUP22-16 2022-08-22RESOLUTION R2022- CUP22-16
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Outside Storage use within the General
Commercial (GC) District, on approximately 9.8857 acres of land, being
described as a 9.8857-acre tract of land, also being the remainder of Reserve
A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume 21,
Pages 77 & 78 of the Map Records of Brazoria County, Texas (located at
1514 Broadway Street, Pearland, TX). Conditional Use Permit Application
No CUP22-16, for Outside Storage use within the General Commercial (GC)
District, at the request of Scott Mommer Consulting, represented by Cassie
Permenter, applicant, on behalf of HD Development Properties LB, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Scott Mommer Consulting, represented by Cassie Permenter,
applicant, on behalf of HD Development Properties LB, owner, are requesting approval
of a Conditional Use Permit (CUP) for Outside Storage use within the General
Commercial (GC) District, on approximately 9.8857 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 1st day of August 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 Scott Mommer Consulting, represented by
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, for
approval of a Conditional Use Permit (CUP) for Outside 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 22nd 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 Scott Mommer Consulting,
represented by Cassie Permenter, applicant, on behalf of HD Development Properties
LB, owner, for approval of a Conditional Use Permit (CUP) for Outside 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 Outside
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 9.8857-acre tract of land, also being the remainder
of Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a
subdivision in Brazoria County, Texas, according to the map or plat
recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria
County, Texas.
General Location: 1514 Broadway Street, Pearland, TX.
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
Conditions of Approval:
1. Screening of the proposed storage areas along Dixie Farm Road shall
be provided by the landscape screen consisting of 6' high evergreen
shrubs at 36" apart within the existing landscape buffer as depicted on
attached Exbibit “D”.
2. No improvements shall be constructed to block cross access to the
adjoining property to the south.
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: 91E545D1-C323-4BEB-8E2C-56698B7D819C
PASSED, APPROVED, and ADOPTED on this day, the 22nd day of August 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
Exhibit “A”
Legal Description
A 9.8857-acre tract of land, also being the remainder of Reserve A, Block 1 of Final Plat
Home Depot U.S.A., Inc. Subdivision, a subdivision in Brazoria County, Texas, according
to the map or plat recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria
County, Texas.
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
Exhibit “D”
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C