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Home My WebLink AboutR2023-CUP22-26 2023-01-23RESOLUTION R2023- CUP22-26 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Automobile Driving School use within the Kingsley Broadway Planned Development (PD) District, on approximately 9.2001 acres of land, Reserve “C” of the Minor Plat of Kingsley Retail, being a subdivision of 15.1451 acres of land (659,722 square feet), as recorded in County Clerks’ File No. 2018048675 of the Plat Records of Brazoria County, Texas. (located at 3129 Kingsley Drive, Suite 1130). Conditional Use Permit Application No CUP22-26, for Automobile Driving School use within the Kingsley Broadway Planned Development (PD) District, at the request of Mary A. Monroy, applicant, on behalf of BROP, LLC, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Mary A. Monroy, applicant, on behalf of BROP, LLC, owner, are requesting approval of a Conditional Use Permit (CUP) for Automobile Driving School use within the Kingsley Broadway Planned Development (PD) District, on approximately 9.2001 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 3rd day of January 2023, 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 Mary A. Monroy, applicant, on behalf of BROP, DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 LLC, owner, for approval of a Conditional Use Permit (CUP) for Automobile Driving School use within the Kingsley Broadway Planned Development (PD) District; presented which, in the judgment of the Planning and Zoning Commission have provided input and discussion; and WHEREAS, on the 23rd day of January 2023, 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 Mary A. Monroy, applicant, on behalf of BROP, LLC, owner, for approval of a Conditional Use Permit (CUP) for Automobile Driving School use within the Kingsley Broadway Planned Development (PD) 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 Kingsley Broadway Planned Development (PD) District, is hereby granted a Conditional Use Permit (CUP) for Automobile Driving School 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: Reserve “C” of the Minor Plat of Kingsley Retail, being a subdivision of 15.1451 acres of land (659,722 square feet), as recorded in County Clerks’ File No. 2018048675 of the Plat Records of Brazoria County, Texas. General Location: 3129 Kingsley Drive, Suite 1130 DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 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: 254A5A33-7308-42E8-90F2-F84BAA3C7794 PASSED, APPROVED, and ADOPTED on this day, the 23rd day of January 2023. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 Exhibit “A” Legal Description Reserve “C” of the Minor Plat of Kingsley Retail, being a subdivision of 15.1451 acres of land (659,722 square feet), as recorded in County Clerks’ File No. 2018048675 of the Plat Records of Brazoria County, Texas. DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 Exhibit "B" Vicinity Map Aerial 3129KrngsleyDrive Driving Exhibit & CUP Suite Legend 1 Zoning Map 22-26 7934 School in POD Sub Properly Mt 4 RIIV -- 4 R . VF ,�' �- � �.'Y ? .ice f - - 1 1 xv 4 ter% _ SRO+ 1:141A St�i S +**4"• ti .yam. 1 1 I _ + rims T ram h• r GP 4 YHE9.Ty.10-'''.p.�.� SOPS I A �` r b I I llj — r `` y - 4 + fi° M. LL • i -iLY., Y - r �xY_ Th.0 n..rarthxv.Ix..im.P"ndSJrnrb.widbl. i. Wla..wrie.nn�u. 3rn. n.p.nn.ntxunl>, r `,5 ( ref PEARL. J; 7 prvdu o.a fur iarmtim ful x.r..r. river ant .n •03,d.ul.¢c nrp.. .nLmoav the app.umcur. a.I..Liww ur p.wnr hu.ad..... 1kWh IIIY iis=375 EV purpx... land p pr,... .v lLau, EL t .. i l . _". _ 1 j R-1 i rte! r* Clus a- J l 'r ter PliirY5,1 y r , Ai 1 i.-#' -y 1 L �3 JM1 _ Tv F i r, 4o d• 1 _' � ,, • �' J 4p` .�' , . ii �y Cr rd'FLP-+ M'1 °11u -R ',r+ ,.P DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 77 Exhibit "C" Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1765 FAX: 281.652.1702 www.pearlandtx,gov NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission of the City of Pearland will hold a public hearing on Tuesday, January 3, 2023. at 6:30 p.m.; and that the City Council of the City of Pearland will hold a public hearing and Resolution adoption consideration an Monday, January 23, 2023, at 6:30 p.m., regarding; Conditional Use Permit Application: CUP 22-26 A request by Mary A. Monroy, applicant, on behalf of BROP, LLC, owner, for approval of a Conditional Use Permit (CUP) for Automobile Driving School use on approximately 9.2001 acres of land within the Kingsley Broadway Planned Development (PD) District, to wit: Legal Description: Reserve "C" of the Minor Plat of Kingsley Retail, being a subdivision of 15.1451 acres of land (659,722 square feet), as recorded in County Clerks' File No. 2018048675 of the Plat Records of Brazoria County, Texas. General Location: 3129 Kingsley Drive, Suite 1130, Pearland, TX. Summary: The applicant proposes to operate a driving school and provide training for ages 15 years and older within approximately 1,250 square feet of office and classroom_ 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 sloweapearlandtx,gov or submit a public comment fom7 using the above application number to reference this case. For more information on this request and your involvement in the hearing process, visit our webs ite at %WM.