R2022-CUP22-24 2022-11-21_FAILEDRESOLUTION R2022- CUP22-24
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Convenience Store use in conjunction with
a proposed Gasoline Station within the Light Industrial (M-1) District on
approximately 1.23 acres of land, being 1.23-acre tract of land, being all that
certain portion lying east of County Road 143 of that certain 12.987-acre tract
(called 13 acres), out of the H.T. & B.R.R. Company Survey, Section 11,
Abstract No. 239, Brazoria County, Texas, being the same property conveyed
by Luella M. Reid and Brevard R. Knight to Britton Ryan, Jr., and Roy Long by
Deed Records dated July 15, 1969, recorded in Volume 1040, Page 466 of
the Deed Records of Brazoria County, Texas (located East of Veterans
Road, North of Fite Road). Conditional Use Permit Application No CUP22-
24, for Convenience Store use in conjunction with a proposed Gasoline Station
within the Light Industrial (M-1) District, at the request of TN Associates, Inc.,
applicant, on behalf of Shahil Maknojia, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, TN Associates, Inc., applicant, on behalf of Shahil Maknojia, owner,
are requesting approval of a Conditional Use Permit (CUP) for Convenience Store use in
within the Light Industrial (M-1) District on approximately 1.23 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 7th day of November 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,
November 21, 2022 - Failed
finds that in the case of the application of TN Associates, Inc., applicant, on behalf of
Shahil Maknojia, owner, for approval of a Conditional Use Permit (CUP) for Convenience
Store use in within the Light Industrial (M-1) District; presented which, in the judgment of
the Planning and Zoning Commission have provided input and discussion; and
WHEREAS, on the 21st day of November 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 TN Associates, Inc., applicant,
on behalf of Shahil Maknojia, owner, for approval of a Conditional Use Permit (CUP) for
Convenience Store use in within the Light Industrial (M-1) 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 Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) for
Convenience Store 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: 1.23-acre tract of land, being all that certain portion
lying east of County Road 143 of that certain 12.987-acre tract (called 13
acres), out of the H.T. & B.R.R. Company Survey, Section 11, Abstract No.
239, Brazoria County, Texas, being the same property conveyed by Luella
M. Reid and Brevard R. Knight to Britton Ryan, Jr., and Roy Long by Deed
Records dated July 15, 1969, recorded in Volume 1040, Page 466 of the
Deed Records of Brazoria County, Texas.
General Location: East of Veterans Road, North of Fite Road.
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.
PASSED, APPROVED, and ADOPTED on this day, the 21st day of November 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
Exhibit “A”
Legal Description
1.23-acre tract of land, being all that certain portion lying east of County Road 143 of that
certain 12.987-acre tract (called 13 acres), out of the H.T. & B.R.R. Company Survey,
Section 11, Abstract No. 239, Brazoria County, Texas, being the same property conveyed
by Luella M. Reid and Brevard R. Knight to Britton Ryan, Jr., and Roy Long by Deed
Records dated July 15, 1969, recorded in Volume 1040, Page 466 of the Deed Records
of Brazoria County, Texas.
Exhibit “B”
Vicinity Map
Exhibit “C”
Notification