R2022-CUP22-03 2023-02-013_FAILEDRESOLUTION R2022- CUP22-03
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Gasoline Station use within the General
Business (GB) District, on approximately 2.0537 acres of land; being
described as Lot A, Block 1, Adam & Malik Developer, LLC Replat &
Extension, a subdivision of 2.0537 acres of land in the City of Pearland, Texas,
according to the Plat recorded in County Clerk’s File No. 2017033125 in the
Plat Records of Brazoria County, Texas (located at 3201 John Lizer Road,
Pearland, Texas). Conditional Use Permit Application No CUP22-03, for
Gasoline Station use within the General Business (GB) District, at the request
of Everest Design Group, LLC., represented by Sel Thint, applicant, on behalf
of Adam & Malik Developer, LLC., owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Everest Design Group, LLC., represented by Sel Thint, applicant, on
behalf of Adam & Malik Developer, LLC., owner, is requesting approval of a Conditional
Use Permit (CUP) for Gasoline Station use within the General Business (GB) District, on
approximately 2.0537 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 21st day of March 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 Everest Design Group, LLC., represented by
FAILED - February 13, 2023
Sel Thint, applicant, on behalf of Adam & Malik Developer, LLC., owner, for approval of
a Conditional Use Permit (CUP) for Gasoline Station use within the General Business
(GB) District; presented which, in the judgment of the Planning and Zoning Commission
have provided input and discussion; and
WHEREAS, on the 13th day of February 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 Everest Design Group, LLC.,
represented by Sel Thint, applicant, on behalf of Adam & Malik Developer, LLC., owner,
for approval of a Conditional Use Permit (CUP) for Gasoline Station use within the
General Business (GB) 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
Business (GB) District, is hereby granted a Conditional Use Permit (CUP) for Gasoline
Station 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: Lot A, Block 1, Adam & Malik Developer, LLC Replat &
Extension, a subdivision of 2.0537 acres of land in the City of Pearland,
Texas, according to the Plat recorded in County Clerk’s File No.
2017033125 in the Plat Records of Brazoria County, Texas.
General Location: 3201 John Lizer Road, Pearland, Texas.
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 13th day of February 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Lot A, Block 1, Adam & Malik Developer, LLC Replat & Extension, a subdivision of 2.0537
acres of land in the City of Pearland, Texas, according to the Plat recorded in County
Clerk’s File No. 2017033125 in the Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
Exhibit C
Notification