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Home My WebLink AboutR2023-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 DocuSign Envelope ID: 7F36301A-6245-45D6-B47E-5A4FEBF9A14B 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. DocuSign Envelope ID: 7F36301A-6245-45D6-B47E-5A4FEBF9A14B 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. DocuSign Envelope ID: 7F36301A-6245-45D6-B47E-5A4FEBF9A14B 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 DocuSign Envelope ID: 7F36301A-6245-45D6-B47E-5A4FEBF9A14B DocuSign Envelope ID: 7F36301A-6245-45D6-B47E-5A4FEBF9A14B 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. DocuSign Envelope ID: 7F36301A-6245-45D6-B47E-5A4FEBF9A14B Exhibit "B" Vicinity Map 1 OLIN DR • ARSHAs LLAG -GROVE-DR Exhibit 1 Aerial & Zoning Map CUP 23-09 2054 & 2106 O'Day Road Light Manufacturing Process in G/O-MU Legend Subject Property Truv product is for informational pipes. and rear not have hem prrparrd for ea- he nuituhir for legal, engineering. or surveYinn purposes. II does not represent an on.the-ground surrey and represents only the apprasimate relative location id property 6aanJnrioo 1 inch = 250 feet lIIi.i1TY DEV. DEPT. ,APRil. 1Uk3 i DocuSign Envelope ID: 7F36301A-6245-45D6-B47E-5A4FEBF9A14B Exhibit "C" Notification 0 c� 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 Monday, April 17, 2023, at 6:30 p.m.; and that the City Council of the City of Pearland will hold a public hearing and resolution adoption on Monday, May 8, 2023, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 23.09 A request by Graham Williams, applicant, and owner, for approval of a Conditional Use Permit (CUP) for a Light Manufacturing Process use on approximately 1.2626 acres of land located within the Garden/O'Day-Mixed Use (G/O-MU) District, to wit' Legal Description: Lot 9 and Lot 10, in Block 3 of Hickory Crock 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. Summary: Applicant intends to occupy the existing metal buildings on both properties to make cornhole bags and cornhole boards, The proposed cornhole bags process involves a 4'x4' heat press to press sublimation prints onto fabric, sewing the fabric together, filling with plastic resin, and finish sewing to make the bags. The cornhole boards come in pre-cut kits that reed to be assembled and then finished with graphics on top of the boards. 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 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 to the above reference request. If you have comments, please feel free to email them to slowe(a Dearlandtx.00v or submit a public comment form using the above application number to reference this case. For more information on this request and your involvement in the hearing process, visit our website at www.pearlandtx.aov/public-hearings.