R2023-CUP23-15 2023-10-09RESOLUTION R2023- CUP23-15
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Office use within the Light Industrial (M-1)
District, to accommodate an office, on approximately 2.0923 acres of land,
being described as Lot 1, in Block 1, Minor Plat of Rice Drier Commercial Park
No. 2, a subdivision in Brazoria County, Texas, according to the filed plat
recorded in County Clerk’s File No. 2023030527 in the Plat records of Brazoria
County, Texas (located East of 4300 Rice Drier Road). Conditional Use
Permit Application No CUP23-15, for Office use within the Light Industrial (M-
1) District at the request of R. Steven Husmann, Husmann Architecture,
PLLC., applicant, on behalf of ERS RE Holdings, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, R. Steven Husmann, Husmann Architecture, PLLC., applicant, on
behalf of ERS RE Holdings, owner, is requesting approval of a Conditional Use Permit
(CUP) for Office use within the Light Industrial (M-1) District, on approximately 2.0923
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 18th day of September 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 reviewed all the
information provided and heard the testimony of all those who wished to speak has
provided a recommendation letter with input and discussion attached hereto as Exhibit
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“D”; and
WHEREAS, on the 9th day of October 2023, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of R. Steven Husmann, Husmann Architecture, PLLC., applicant, on behalf of ERS RE
Holdings, owner, is requesting approval of a Conditional Use Permit (CUP) for Office use
within the Light Industrial (M-1) 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 Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) for Office 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 1, in Block 1, Minor Plat of Rice Drier Commercial Park
No. 2, a subdivision in Brazoria County, Texas, according to the filed plat recorded
in County Clerk’s File No. 2023030527 in the Plat records of Brazoria County,
Texas.
General Location: East of 4300 Rice Drier Road.
Conditions:
1. The exterior building facades shall be developed in substantial conformance
with materials as depicted in façade renderings.
2. Vegetative screening consisting of a continuous row of shrubs with a height of
6' to 8' shall be provided along the southeast and east property boundary
extending from the proposed drainage easement to the proposed landscaping
along the east property boundary, as shown in Applicant Packet, to screen
the proposed equipment storage from the future commercial uses to the east.
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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 9th day of October 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
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_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
_______________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 1, in Block 1, Minor Plat of Rice Drier Commercial Park No. 2, a subdivision in Brazoria
County, Texas, according to the filed plat recorded in County Clerk’s File No. 2023030527
in 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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Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
September 19, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-15
Honorable Mayor and City Council Members:
At their regular meeting on September 18, 2023, the Planning and Zoning Commission
considered the following:
Request: Lot 1, in Block 1, Minor Plat of Rice Drier Commercial Park No. 2, a subdivision
in Brazoria County, Texas, according to the filed plat recorded in County Clerk’s File No.
2023030527 in the Plat records of Brazoria County, Texas.
General Location: East of 4300 Rice Drier Road.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on September 18, 2023. The applicant was present during the meeting
and was available to answer questions. There were no speakers from the public for or against the
request. The Commission discussed the existing future land use designation of the site, which is
set to be updated with the Comprehensive Plan update, and the development agreement that the
Pearland Economic Development Corporation (PEDC) has for this site to clear the property in
order for the owner to develop the property. Additionally, the commissioners predominantly stated
they would be in favor of the request with the conditions added by staff.
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After discussion, the Commission took a motion to recommend approval of the CUP for the Office
with the staff recommended conditions and the motion passed by a vote of 5-0. The vote by
the Commission constitutes a positive recommendation for Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 23-15 (Office)
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the CUP
application conforms to all the criteria of the UDC for approval. Staff recommends approval of the
requested CUP with the following conditions:
1. The exterior building facades shall be developed in substantial conformance with
materials as depicted in façade renderings.
2. Vegetative screening consisting of a continuous row of shrubs with a height of 6’
to 8’ shall be provided along the southeast and east property boundary extending from
the proposed drainage easement to the proposed landscaping along the east property
boundary, as shown in Applicant Packet, to screen the proposed equipment storage
from the future commercial uses to the east.
Applicant, R. Steven Husmann with Husmann Architecture at 3535 Wilcrest Drive, Suite 1c,
Houston, Texas 77042, was in attendance in-person in Council Chambers to answer any
questions for the P&Z Commission.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Boswell stated that she has no issues with the CUP application if approved with
staff’s recommended conditions because it would match the character of the area. Vice
Chairperson Henrichs stated that she is in favor of the CUP with the conditions staff
recommended. Commissioner McCathran stated that she agrees with the previous comments
from the P&Z Commissioners. Commissioner Fuertes and Assistant Director Griggs discussed
the error on the Future Land Use Map. Commissioner Fuertes asked Mr. Husmann if the same
property owns this property and the existing property. Mr. Husmann answered that is correct.
Commissioner Fuertes asked staff why this is a CUP application instead of a Zone Change
application. Assistant Director Griggs gave some background on the site and stated that it was a
quicker process for the applicant to apply for a CUP application compared to a Zone Change
application. Commissioner Fuertes asked staff if the Pearland Economic Development
Corporation (PEDC) was in favor of this CUP application. Deputy City Attorney Provins stated
that the PEDC has an agreement with CAT.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action –
Conditional Use Permit Application: CUP 23-15. Commissioner Fuertes made the motion to
approve with the recommended conditions proposed by staff, Commissioner Boswell seconded
the motion.
Motion passed 5-0.
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Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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