R2023-CUP23-09 2023-05-08RESOLUTION R2023- CUP23-09
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Light Manufacturing Process use within
the Garden/O’Day-Mixed Use (G/O-MU) District, on approximately 1.2626
acres of land, being described as Lot 9 and Lot 10, in Block 3 of Hickory Creek
Place, a subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in Volume 11, Page 1-2 of the Plat Records of Brazoria
County, Texas (located at 2054 and 2106 O’Day Road, Pearland, TX).
Conditional Use Permit Application No CUP23-09, for Light Manufacturing
Process use within the Garden/O’Day-Mixed Use (G/O-MU) District, at the
request of Graham Williams, applicant, and owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Graham Williams, applicant, and owner, is requesting approval of a
Conditional Use Permit (CUP) for Light Manufacturing Process use within the
Garden/O’Day-Mixed Use (G/O-MU) District, on approximately 1.2626 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 17th day of April 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 Graham Williams, applicant, and owner, for
approval of a Conditional Use Permit (CUP) for Light Manufacturing Process use within
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the Garden/O’Day-Mixed Use (G/O-MU) District; presented which, in the judgment of the
Planning and Zoning Commission have provided input and discussion; and
WHEREAS, on the 8th day of May 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 Graham Williams, applicant, and
owner, for approval of a Conditional Use Permit (CUP) for Light Manufacturing Process
use within the Garden/O’Day-Mixed Use (G/O-MU) 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
Garden/O’Day-Mixed Use (G/O-MU) District, is hereby granted a Conditional Use Permit
(CUP) for Light Manufacturing Process 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 9 and Lot 10, in Block 3 of Hickory Creek Place, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in Volume 11, Page 1-2 of the Plat Records of Brazoria County,
Texas.
General Location: 2054 and 2106 O’Day Road, Pearland, TX.
Conditions of Approval:
1. All on-site business conducted in conjunction with the proposed use shall be
conducted within fully enclosed buildings.
2. Outside storage shall be prohibited in conjunction with the proposed use
unless otherwise permitted by CUP.
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3. Adequate vegetative screening shall be provided adjacent to the residential
homes along the west property in accordance with the screening
requirements.
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 8th day of May 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
Lot 9 and Lot 10, in Block 3 of Hickory Creek Place, a subdivision in Brazoria County,
Texas, according to the map or plat thereof, recorded in Volume 11, Page 1-2 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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