R2022-CUP22-20 2022-10-10RESOLUTION R2022- CUP22-20
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Heavy Machinery Sales, Storage, Rental &
Repair Combined Tool and Machinery Rental (Indoor Storage only) use within
the General Commercial (GC) District, on approximately 3.4248 acres of land,
being described as 3.4248 acres of land, more or less, being a portion of Tract
37, of the W. Zychlinski’s Subdivision of the H.T & B.R.R. Company Survey,
Section No. 2, Abstract No. 542, Brazoria County, Texas (located at 1715
Main Street, Pearland, TX). Conditional Use Permit Application No CUP22-
20, for Heavy Machinery Sales, Storage, Rental & Repair Combined Tool and
Machinery Rental (Indoor Storage only) use within the General Commercial
(GC) District, at the request of Tessie Gurley, 2 Barnetts Ltd, applicant and
owner, 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, Tessie Gurley, 2 Barnetts Ltd, applicant and owner, are requesting
approval of a Conditional Use Permit (CUP) for Heavy Machinery Sales, Storage, Rental
& Repair Combined Tool and Machinery Rental (Indoor Storage only) use within the
General Commercial (GC) District, on approximately 3.4248 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 19th day of September 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 Tessie Gurley, 2 Barnetts Ltd, applicant and
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owner, for approval of a Conditional Use Permit (CUP) for Heavy Machinery Sales,
Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor Storage only)
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 10th day of October 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 Tessie Gurley, 2 Barnetts Ltd,
applicant and owner, for approval of a Conditional Use Permit (CUP) for Heavy Machinery
Sales, Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor Storage
only) 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 Heavy
Machinery Sales, Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor
Storage only) 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: 3.4248 acres of land, more or less, being a portion of
Tract 37, of the W. Zychlinski’s Subdivision of the H.T & B.R.R. Company
Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas.
General Location: 1715 Main Street, Pearland, TX.
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Conditions of Approval:
1. The proposed use shall be limited to four (4) cranes no greater than 15-
tonnes.
2. There shall be no outdoor storage, machinery, or parts visible from
Highway 35.
3. All cranes shall be stored in the down position.
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.
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PASSED, APPROVED, and ADOPTED on this day, the 10th day of October 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
3.4248 acres of land, more or less, being a portion of Tract 37, of the W. Zychlinski’s
Subdivision of the H.T & B.R.R. Company Survey, Section No. 2, Abstract No. 542,
Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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