R2022-CUP22-17 2022-08-22RESOLUTION R2022- CUP22-17
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 12.917 acres of land, being
described as 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast
Home Company of Suburban Gardens, Section 85, according to the Plat
recorded under Volume 2, Page 107, in the Plat Records of Brazoria County,
Texas, in the H.T. & B.R.R. Company Survey, Abstract No. 304, Brazoria
County, Texas, less and except, Lot 1, Block 1 and Lots 1 & 2, Block 2 of
Silverlake Center, being a subdivision of 3.753 acres of land according to the
plat recorded in Volume 24, Page 22 of the Plat Records of Brazoria County,
Texas (located at 10111 Broadway Street, Pearland, TX). Conditional Use
Permit Application No CUP22-17, 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 12.917 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
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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 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: All that certain 16.67 acres of land, out of Lot 30, Allison
Richey Gulf Coast Home Company of Suburban Gardens, Section 85,
according to the Plat recorded under Volume 2, Page 107, in the Plat
Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey,
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Abstract No. 304, Brazoria County, Texas, less and except, Lot 1, Block 1
and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753
acres of land according to the plat recorded in Volume 24, Page 22 of the
Plat Records of Brazoria County, Texas.
General Location: 10111 Broadway Street, Pearland, TX.
Conditions of Approval:
1. Screening of the proposed shed and trailer display areas from view
of Wooten 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”.
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.
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Section VI. This Resolution shall become effective after its passage and
approval.
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
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Exhibit “A”
Legal Description
All that certain 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast Home
Company of Suburban Gardens, Section 85, according to the Plat recorded under Volume
2, Page 107, in the Plat Records of Brazoria County, Texas, in the H.T. & B.R.R.
Company Survey, Abstract No. 304, Brazoria County, Texas, less and except, Lot 1,
Block 1 and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753 acres
of land according to the plat recorded in Volume 24, Page 22 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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xhibit “D”
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