R2024-CUP23-06-1 2024-03-25RESOLUTION R2024- CUP23-06-1
A Resolution of the City Council of the City of Pearland, Texas, approving
an extension to R2023-CUP23-06 that allows for Gasoline Station use
within the General Commercial (GC) District, on approximately 2.3973
acres of land, being 2.3973 acres of land situated in the R.B. Lyle Survey,
Abstract No. 543, City of Pearland, Brazoria County, Texas, being a portion
of that certain called 13.3897 acres of land described in deed and recorded
in the Official Public Records of Real Property in Brazoria County, Texas,
under County Clerk's File No. 2021009685, also being a portion of that
certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as
shown on map or plat recorded under Volume 29, Page 43 of the Deed
Records of Brazoria County Texas (located at Northwest Corner of
Mykawa Road and McHard Road, Pearland, Texas).
WHEREAS, on the 27th day of March 2023 by Resolution R2023-CUP23-06, 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, CUP23-06 expires on the 27th day of March 2024, 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, Adil Zahir, applicant, on behalf of Riyaz Maknojia representing
Fondren Real Estate, LLC., 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:
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Section I. The previously issued Conditional Use Permit for the following
described property located within the corporate City Limits of the City of Pearland,
Texas, and presently being located within the General Commercial (GC) District, is
hereby extended to an expiration date of March 27th, 2025:
Legal Description: Being 2.3973 acres of land situated in the R.B. Lyle Survey,
Abstract No. 543, City of Pearland, Brazoria County, Texas, being a portion of
that certain called 13.3897 acres of land described in deed and recorded in the
Official Public Records of Real Property in Brazoria County, Texas, under County
Clerk's File No. 2021009685, also being a portion of that certain Tract 56,
Section 4 of W. Zychlinski Subdivision, a subdivision as shown on map or plat
recorded under Volume 29, Page 43 of the Deed Records of Brazoria County
Texas.
General Location: Northwest Corner of Mykawa Road and McHard 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
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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 the 25 th day of March 2024.
_________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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