R2023-CUP22-12-1 2023-06-12RESOLUTION R2023- CUP22-12-1
A Resolution of the City Council of the City of Pearland, Texas, approving an
extension to R2022- CUP22-12 that allows Mini-Warehouse/Self Storage
use within the General Commercial (GC) District, on approximately
3.3131 acres of land, being described as Lot 1-B, Block 1 of Replat No. 1 of
Lot 1 of Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria
County, according to the plat recorded under County Clerk’s File No.
2008035185 in the Plat Records of Brazoria County, Texas (located at 7221
Fite Road, Pearland, Texas).
WHEREAS, on the 8th day of August 2022 by Resolution R2022-CUP22-12, City
Council approved a Conditional Use Permit;
WHEREAS, Conditional Use Permits expire if: (1) a building permit for the use
has not been approved within one year of the date of approval of the Conditional Use
Permit; (2) the building permit subsequently expires; (3) the use has been discontinued
for a period exceeding six months; or (4) a termination date attached to the permit has
passed;
WHEREAS, CUP22-12 expires on the 8th day of August 2023, because a
building permit for the use has not been approved within one year of the date of
approval of the Conditional Use Permit;
WHEREAS, Robert Consalvo, applicant, on behalf Storage Cap Pearland, L.P.,
owner, has submitted an application to extend the Conditional Use Permit and in the
judgement of City Council the request for extension should be granted, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The previously issued Conditional Use Permit for the following
described property located within the corporate City Limits of the City of Pearland,
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Texas, and presently being located within the General Commercial (GC) District, is
hereby extended to an expiration date of August 8th, 2024:
Legal Description: Lot 1-B, Block 1 of Replat No. 1 of Lot 1 of Fite at F.M. 1128,
a subdivision in the City of Pearland, Brazoria County, according to the plat
recorded under County Clerk’s File No. 2008035185 in the Plat Records of
Brazoria County, Texas.
General Location: 7221 Fite 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 City
Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the extension of the CUP 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 Ordinance 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.
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Section VI. This Resolution shall become effective after its passage and
approval.
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PASSED, APPROVED, and ADOPTED on this the 26th day of June 2023.
_________________________
J.KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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