R2024-CUP24-13 2024-05-20RESOLUTION R2024- CUP24-13
Consideration and Possible Action - Resolution No. R2024-CUP24-13 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Warehouse use within the General
Commercial (GC) District, to accommodate a Furniture Warehouse, on
approximately 4.678 acres of land, being a 4.678-acre tract of land, being out
of 9.5360 acres (415,389 square feet) of land situated in Abstract No. 542 and
Abstract 233, Brazoria County, Texas, being out of Lots 77 and 78 of the
Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43,
Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre
tract of land to Pearland Partners, LTD. in deed filed for record u nder Brazoria
County Clerk File (B.C.C.F.) No. 02-045143 (located at 3702 Knapp Road,
Pearland, TX). Conditional Use Permit Application No CUP24-13, for a
Warehouse use, within the General Commercial (GC) District, at the request
of Helen Wang, applicant, on behalf of Sheng Li, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Helen Wang, applicant, on behalf of Sheng Li, owner, is requesting
approval of a Conditional Use Permit (CUP) for an Warehouse use within the General
Commercial (GC) District, on approximately 4.678 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 6th day of May 2024, 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
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provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 20th day of May 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Helen Wang, applicant, on behalf of Sheng Li , owner, is requesting approval of a
Conditional Use Permit (CUP) for an Warehouse use within the General Commercial (GC)
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 General
Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) for a
Warehouse 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: A 4.678-acre tract of land, being out of 9.5360 acres (415,389
square feet) of land situated in Abstract No. 542 and Abstract 233, Brazoria
County, Texas, being out of Lots 77 and 78 of the Zychlinski Subdivision, map or
plat thereof recorded in Volume 29, Page 43, Brazoria County Deed Records
(B.C.D.R.) and being the same 9.5360 acre tract of land to Pearland Partners,
LTD. in deed filed for record under Brazoria County Clerk File (B.C.C .F.) No. 02-
045143.
General Location: 3702 Knapp Road, Pearland, Texas.
Conditions:
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1.Large Shade Trees shall be provided along Knapp Road at a rate of
1'' for each 15' of frontage with a minimum planting of 2" DBH and 6'
height.
2.Evergreen shrubs shall be provided to form a continuous vegetative
screen along the parking area towards the front of the property to
screen the existing parking facing Knapp Road.
3.Landscape island with parking lot trees shall be provided at the ends
of the parking facing Knapp Road.
4.The existing barbed wire fencing shall be removed from the property.
5.There shall be no storage of goods outside of the building.
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
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PASSED, APPROVED, and ADOPTED on this day, the 20th day of May 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
A 4.678-acre tract of land, being out of 9.5360 acres (415,389 square feet) of land situated
in Abstract No. 542 and Abstract 233, Brazoria County, Texas, being out of Lots 77 and
78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43,
Brazoria County Deed Records (B.C.D.R.) and being the same 9 .5360 acre tract of land
to Pearland Partners, LTD. in deed filed for record under Brazoria County Clerk File
(B.C.C.F.) No. 02-045143.
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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
May 7, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-13
Honorable Mayor and City Council Members:
At their regular meeting on May 6, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Helen Wang, applicant, on behalf of Sheng Li, owner, for
approval of a Conditional Use Permit (CUP) for a Warehouse use within the General
Commercial (GC) District, on approximately 4.678 acres of land, to wit:
Legal Description: A 4.678-acre tract of land, being out of 9.5360 acres (415,389
square feet) of land situated in Abstract No. 542 and Abstract 233, Brazoria County,
Texas, being out of Lots 77 and 78 of the Zychlinski Subdivision, map or plat thereof
recorded in Volume 29, Page 43, Brazoria County Deed Records (B.C.D.R.) and being
the same 9.5360 acre tract of land to Pearland Partners, LTD. in deed filed for record
under Brazoria County Clerk File (B.C.C.F.) No. 02-045143.
General Location: 3702 Knapp Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on May 6, 2024. The applicant was present and discussed the purpose
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of the warehouse and the future development of the adjacent property. There were no speakers
from the public for or against the request. The Commission discussed the types of trees that are
required, the presented conditions, development of the adjacent property, and occupying the
vacant buildings along Knapp Road.
After discussion, the Commission took a motion to recommend approval of the CUP for the
Warehouse with the conditions presented by staff 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:
CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION:
CUP 24-13
Public Hearing: A request by Helen Wang, applicant, on behalf of Sheng Li, owner, for approval
of a Conditional Use Permit (CUP) for a Warehouse use within the General Commercial (GC)
District, on approximately 4.678 acres of land, to wit:
Legal Description: A 4.678-acre tract of land, being out of 9.5360 acres (415,389 square feet)
of land situated in Abstract No. 542 and Abstract 233, Brazoria County, Texas, being out of Lots
77 and 78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43,
Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre tract of land to
Pearland Partners, LTD. in deed filed for record under Brazoria County Clerk File (B.C.C.F.) No.
02-045143.
General Location: 3702 Knapp Road, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the CUP is
for a furniture warehouse use located in the General Commercial (GC) District. Planner II Bauer
discussed that staff has not received public comments in favor of or against the CUP, the history
of the property, and is compatible with the Industrial designation. Planner II Bauer stated that it
meets all the criteria of the UDC, and staff recommends approval with the following conditions:
1.Large Shade Trees shall be provided along Knapp Road at a rate of 1'' for each 15' of
frontage with a minimum planting of 2" DBH and 6' height.
2.Evergreen shrubs shall be provided to form a continuous vegetative screen along the
parking area towards the front of the property to screen the existing parking facing Knapp
Road.
3.Landscape island with parking lot trees shall be provided at the ends of the parking facing
Knapp Road.
4.The existing barbed wire fencing shall be removed from the property.
5.There shall be no storage of goods outside of the building.
Applicant, Helen Wang at 3702 Knapp Road, Pearland, Texas 77581, was in attendance in-
person in Council Chambers to present to the P&Z Board. Ms. Wang discussed the purpose of
the warehouse and the future development of the adjacent property.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
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Commissioner McDonald asked staff if anything the applicant plants needs to be on the city’s
approved list. Deputy Director Griggs stated yes that street trees and shade trees are the
requirement for the CUP and fruit trees are not shade trees. Commissioner McDonald asked staff
if the applicant is aware of the staff’s conditions. Planner II Bauer stated they were aware of the
conditions and staff had a meeting with the applicant. Commissioner McDonald asked the
applicant if the owner has any objections to the conditions by City staff. Ms. Wang stated the city
shut down the building because of the fire marshal, the CUP is based on the site plan because it
was built a long time ago, and they have applied for a permit for the fire system and alterations.
Commissioner McDonald suggested that the staff get something in writing from the applicant that
they agree with the staff’s conditions. Commissioner Fuertes stated that the adjacent
undeveloped land will fall under zone change and getting occupancy for the vacant buildings
along Knapp Road will bring employment. Deputy City Attorney Provins suggested that the
property to east is not a part of the CUP under consideration.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-13. Commissioner McCathran made the motion to
approve the CUP and Commissioner Stockdick seconded the motion.
Commissioner McDonald made the motion to amend CUP 24-13 with staff’s proposed conditions
and Commissioner McCathran seconded the motion.
Amended motion passed 5-0.
Chairperson Isenberg called for the vote on the motion to include the amendments.
Motion passed 5-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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