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Home My WebLink AboutR2022-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 DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C 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, DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C 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. DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C 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 DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C 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. DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C DocuSign Envelope ID: 91 E545D1-C323-4BEB-8E2C-56698B7D819C Exhibit "B" Vicinity Map BROADWAY ST .1. S A S .S + ei Exhibit 1 Aerial & Zoning Map CUP 22-17 10111 Broadway Street Outdoor Sales in GC ' " I Legend ihla pradoc+ iA for inbrmarianal pmrpoeea and may not have been prepared for or be euitabl, for legal. engineering- or surveying purposes. Ic dies not represent an on -the -ground survey and mprmenta only the appcvxlmute n•lellve M MLIOC d property boundariae- 1 inch =250 feet DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C Exhibit "C" Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77561 281.652.1765 FAX: 281.652.1702 www_pearlandtx.gov NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning End Zoning Commission of the City of Pearland will hold a public hearing on Monday, August 1, 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 22, 2022, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 22-17 A request by Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, far approval of a Conditional Use Permit (CUP) for Outside Storage use on approximately 12.917 acres of land within the General Commercial (GC) District, to wit: 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, General Location: 10111 Broadway Street, Pearland, TX Summary: The applicant is proposing to use several outdoor areas within the parking lot for display and sales of store items and rentals, as well as seasonal sales. 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 slowe a(,pearlandtx.gov 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,oearlandtx.ciovlpublic-hearings_ DocuSign Envelope ID: 91 E545D1-C323-4BEB-8E2C-56698B7D819C xhibit "D"