R2023-CUP23-06 2023-03-27RESOLUTION R2023- CUP23-06
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
Commercial (GC) District, to accommodate a fueling station associated with
a proposed convenience store and retail shop, on 2.3973 acres of land
situated in the R.B. Lyle Survey, Abstract No. 543, City of Pearland, Brazoria
County, Texas, being a portion of that certain called 13.3897 acres of land
described in deed and recorded in the Official Public Records of Real Property
in Brazoria County, Texas, under County Clerk’s File No. 2021009685, also
being a portion of that certain Tract 56, Section 4 of W. Zychlinski Subdivision,
a subdivision as shown on map or plat recorded under Volume 29, Page 43 of
the Deed Records of Brazoria County, Texas (located at the northwest
corner of Mykawa Road and the Future Extension of McHard Road).
Conditional Use Permit Application No CUP23-06, for Gasoline Station use
within the General Commercial (GC) District, at the request of Adil Zahir,
applicant, on behalf of Riyaz Maknojia representing Fondren Real Estate, LLC,
owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Adil Zahir, applicant, on behalf of Riyaz Maknojia representing
Fondren Real Estate, LLC, owner, is requesting approval of a Conditional Use Permit
(CUP) for Gasoline Station use within the General Commercial (GC) District, on 2.3973
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 6th day of March 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
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and argument of all interested parties, and having been fully advertised in the premises,
finds that in the case of the application of Adil Zahir, applicant, on behalf of Riyaz Maknojia
representing Fondren Real Estate, LLC, owner, for approval of a Conditional Use Permit
(CUP) for Gasoline Station 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 6th day of March 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 Adil Zahir, applicant, on behalf of
Riyaz Maknojia representing Fondren Real Estate, LLC, owner, for approval of a
Conditional Use Permit (CUP) for Gasoline Station 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 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: Being 2.3973 acres of land situated in the R.B. Lyle
Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being
a portion of that certain called 13.3897 acres of land described in deed and
recorded in the Official Public Records of Real Property in Brazoria County,
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Texas, under County Clerk’s File No. 2021009685, also being a portion of
that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision
as shown on map or plat recorded under Volume 29, Page 43 of the Deed
Records of Brazoria County, Texas.
General Location: Northwest Corner of Mykawa Road and the Future
Extension of McHard Road.
Conditions of Approval:
1. The exterior building facades shall be developed in substantial
conformance with materials as depicted in façade renderings.
2. Vegetative screening consisting of a 3' hedge row with 2'' caliper trees
every 30' of property line shall be provided to screen the subject property
from the residential property along the north boundary.
3. No tractor-trailers (18-wheelers) except for delivery, all other Heavy
Load Vehicles are limited to one-hour stay.
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.
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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 27th day of March 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
Being 2.3973 acres of land situated in the R.B. Lyle Survey, Abstract No. 543, City of
Pearland, Brazoria County, Texas, being a portion of that certain called 13.3897 acres of
land described in deed and recorded in the Official Public Records of Real Property in
Brazoria County, Texas, under County Clerk’s File No. 2021009685, also being a portion
of that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as shown
on map or plat recorded under Volume 29, Page 43 of the Deed Records of Brazoria
County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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