R2024-CUP23-21 2024-01-09RESOLUTION R2024- CUP23-21
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use,
within the Old Town-Mixed Use (OT-MU) District, to accommodate a single-
family dwelling, on approximately 0.287 acres of land, being described as Lot
1, Block 1, Development Plat of Old Town Epperson Estate, a subdivision of
0.287 acres of land in City of Pearland, Texas, according to the map or plat
recorded in County Clerk’s File No. 2023026291 in the Plat records of Brazoria
County, Texas (located at 2209 North Houston Avenue, Pearland, TX).
Conditional Use Permit Application No CUP23-21, for Dwelling - Single-
Family Detached use, within the Old Town-Mixed Use (OT-MU) District, at the
request of Johnna Epperson, applicant, on behalf of Emily Epperson, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Johnna Epperson, applicant, on behalf of Emily Epperson, owner, is
requesting approval of a Conditional Use Permit (CUP) for Dwelling - Single-Family
Detached use within the Old Town-Mixed Use (OT-MU) District, on approximately 0.287
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 December 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 January 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Johnna Epperson, applicant, on behalf of Emily Epperson, owner, is requesting
approval of a Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use
within the Old Town-Mixed Use (OT-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 Old Town-
Mixed Use (OT-MU) District, is hereby granted a Conditional Use Permit (CUP) for
Dwelling - Single-Family Detached 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, Block 1, Development Plat of Old Town Epperson
Estate, a subdivision of 0.287 acres of land in City of Pearland, Texas, according
to the map or plat recorded in County Clerk’s File No. 2023026291 in the Plat
records of Brazoria County, Texas.
General Location: 2209 North Houston Avenue, Pearland, TX.
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
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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 9th day of January 2024.
________________________
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 1, Block 1, Development Plat of Old Town Epperson Estate, a subdivision of 0.287
acres of land in City of Pearland, Texas, according to the map or plat recorded in County
Clerk’s File No. 2023026291 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
December 19, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-21
Honorable Mayor and City Council Members:
At their regular meeting on December 18, 2023, the Planning and Zoning Commission considered
the following:
Request: Lot 1, Block 1, Development Plat of Old Town Epperson Estate, a subdivision
of 0.287 acres of land in City of Pearland, Texas, according to the map or plat recorded in
County Clerk’s File No. 2023026291 in the Plat records of Brazoria County, Texas.
General Location: 2209 North Houston Avenue, Pearland, TX.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on December 18, 2023. The applicant was present during the meeting
and was available to answer questions. There was one speaker from the public in favor of the
requested CUP. The Commission discussed the proposal and the ZBA approved setback
variance.
After discussion, the Commission took a motion to recommend approval of the CUP for the
Dwelling - Single-Family Detached use and the motion passed by a vote of 4-0. The vote by the
Commission constitutes a positive recommendation for Council.
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Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 23-21 (Dwelling - Single-Family Detached)
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated the CUP is for a
single-family detached use and there are 2 large oak trees on the lot to be preserved. Planner I
Bauer explained that recently the Zoning Board of Adjustment (ZBA) approved a variance for
the development to deviate from the minimum front setback for an accessory building. Planner I
Bauer stated that CUP meets all criteria of the UDC for approval, and staff recommends
approval.
Applicant, Johnna Lund at 1513 Falling Leaf Drive, Friendswood, Texas 77546, was in
attendance in Pearland Economic Development Board Room to answer questions.
Vice Chairperson Henrichs called for public input.
Resident, Kenneth Long at 2210 North Houston Avenue, Pearland, Texas 77581, stated that he
owns the property next door and has a history of the area since his mother grew up there. Mr.
Long is in favor of the CUP and likes the fact the property owners are working to conserve the
trees on the property.
Commissioner McCathran stated that the house looks like it will fit on the property.
Commissioner Fuertes stated that the house is bigger than the neighbors and will increase the
value of the surrounding area. Commissioner Fuertes thanked the applicant for working with the
trees and gave a shout out to the ZBA and staff for their work on this item. Commissioner
Fuertes stated that as Pearland continues to grow it will fill in and rehabilitate the area.
Commissioner Fuertes stated that the UDC rewrites will make this process easier. Vice
Chairperson Henrichs stated that she was for the CUP and asked staff to expand on the
Accessory Dwelling Unit (ADU) use. Planner I Bauer stated it was just the detached garage at
the front of the property. Commissioner Fuertes asked staff if there was a sidewalk on that
street. Planner I Bauer stated that there is not a current sidewalk just an open ditch.
There was no further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Henrichs read into the record the items on consideration and Possible Action
– Conditional use Permit Application: CUP 23-21. Commissioner Fuertes made the motion to
approve, Commissioner Dugas seconded the motion.
Motion passed 4-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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