R2024-CUP24-18 2024-08-26RESOLUTION R2024- CUP24-18
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Repair (Major) use, within the
General Commercial (GC) District, to accommodate an auto repair facility,
on approximately 2.066 acres of land, being Lot 1, Block 1, Replat of Lots 4-
8, Block 1 and 0.331 Acre of Abandoned Right-of-Way of Detenbeck &
Barnhart Subdivision, a subdivision in Brazoria County, Texas, according to
the map or plat thereof, recorded in County Clerk’s File No. 2015029683 in the
Plat records of Brazoria County, Texas (located at 5929 Bardet Street Suite
159, Pearland, TX). Conditional Use Permit Application No CUP24-18, for an
Auto Repair Major use, within the General Commercial (GC) District, at the
request of Shonli Motor LLC., applicant, on behalf of Texas Lonestar Cut
Stone, represented by Bruce Honore, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Shonli Motor LLC., applicant, on behalf of Texas Lonestar Cut Stone,
represented by Bruce Honore, owner, is requesting approval of a Conditional Use Permit
(CUP) for an Auto Repair (Major) use within the General Commercial (GC) District, on
approximately 2.066 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 5th day of August 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 26th day of August 2024, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Shonli Motor LLC., applicant, on behalf of Texas Lonestar Cut Stone, represented by
Bruce Honore, owner, is requesting approval of a Conditional Use Permit (CUP) for an
Auto Repair (Major) 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 an Auto
Repair (Major) 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, Replat of Lots 4-8, Block 1 and 0.331 Acre of
Abandoned Right-of-Way of Detenbeck & Barnhart Subdivision, a subdivision in
Brazoria County, Texas, according to the map or plat thereof, recorded in County
Clerk’s File No. 2015029683 in the Plat records of Brazoria County, Texas.
General Location: 5929 Bardet Street Suite 159, 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
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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 26th day of August 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, Replat of Lots 4-8, Block 1 and 0.331 Acre of Abandoned Right-of-Way of
Detenbeck & Barnhart Subdivision, a subdivision in Brazoria County, Texas, according to
the map or plat thereof, recorded in County Clerk’s File No. 2015029683 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
August 6, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-18
Honorable Mayor and City Council Members:
At their regular meeting on April 1, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Shonli Motor LLC., applicant, on behalf of Texas Lonestar
Cut Stone, represented by Bruce Honore, owner, for approval of a Conditional Use Permit
(CUP) for an Auto Repair (Major) use within the General Commercial (GC) District, on
approximately 2.066 acres of land, to wit:
Legal Description: Lot 1, Block 1, Replat of Lots 4-8, Block 1 and 0.331 Acre of
Abandoned Right-of-Way of Detenbeck & Barnhart Subdivision, a subdivision in Brazoria
County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No.
2015029683 in the Plat records of Brazoria County, Texas.
General Location: 5929 Bardet Street Suite 159, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on August 5, 2024. The applicant was present at the meeting to answer
any questions. There was no comment from the public. The commission and staff had no further
comments on the proposed CUP.
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After discussion, the Commission took a motion to recommend approval of the CUP for the Auto
Repair (Major) use and the motion passed by a vote of 5-0. The vote by the Commission
constitutes a positive recommendation for Council approval.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request is for
the CUP to allow Auto Repair major use within a lease space in the General Commercial (GC)
District. Mr. Bauer discussed that staff had not received public comments in favor of or against
the CUP, the history of the property, and the site plan. Mr. Bauer pointed out that the CUP met
all seven criterions of the UDC, and staff recommends approval.
Applicant, Mauricio Larios at 6819 Altadena Drive, Rosharon, Texas 77583, 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.
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 24-18. Commissioner Kuhn made the motion to approve
the CUP, and Commissioner McDonald seconded the motion.
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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