R2024-CUP23-20-1 2024-11-18RESOLUTION R2024- CUP23-20-1
A Resolution of the City Council of the City of Pearland, Texas, approving
an extension to R2023-CUP23-20 that allows an Auto Repair (Minor) use
within the Shadow Creek Ranch Planned Unit Development (PUD), on
approximately 0.7308 acres of land, being a tract containing 0.7308 acres of
land, situated in the J.W. Maxcy Survey, Abstract No. 675, Brazoria County,
Texas, being a residue of lot “D” conveyed to BW Shadow Creek, LLC. as
recorded under Brazoria County Clerk’s File (B.C.C.F.) No. 2017042317,
also being out of Lot “D”, Shadow Creek Ranch Commercial Site No. 18B,
map or plat thereof as recorded under Brazoria County Plat Records
(B.C.P.R.) No. 2007035195 (located at 11219 Shadow Creek Parkway,
Pearland, Texas).
WHEREAS, on the 27th day of November 2023 by Resolution R2023-CUP23-20,
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, CUP23-20 expires on the 27th day of November 2024, because a
building permit for the use has not been app roved within one year of the date of
approval of the Conditional Use Permit;
WHEREAS, Duplantis Design Group, PC, represented by Sydney Rich,
applicant, on behalf of BW Shadow Creek 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 Ci ty Limits of the City of Pearland,
Texas, and presently being located within the Shadow Creek Ranch Planned Unit
Development (PUD), is hereby extended to an expiration date of November 27th, 2025:
Legal Description: A tract containing 0.7308 acres of land, situated in the J.W.
Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a residue of lot
“D” conveyed to BW Shadow Creek, LLC. as recorded under Brazoria County
Clerk’s File (B.C.C.F.) No. 2017042317, also being out of Lot “D”, Shadow Creek
Ranch Commercial Site No. 18B, map or plat thereof as recorded under Brazoria
County Plat Records (B.C.P.R.) No. 2007035195
General Location: 11219 Shadow Creek Parkway, 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
portions thereof.
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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 18th day of November 2024.
_________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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