R2023-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,
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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
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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 23rd day of January 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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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.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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