R2024-CUP24-22 2024-11-18RESOLUTION R2024- CUP24-22
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Plant Nursery use within the Light
Industrial (M-1) District, on approximately 3.03 acres of land, being
described as a 3.03-acre tract of land, also being called Tract 7A-7A1 in the
H.T. & B.R.R. Co. Survey, Abstract 239, recorded in Volume 1437, Page 649
in the Deed records of Brazoria County, Texas (located at 2814 Main Street,
Pearland, Texas). Conditional Use Permit Application No CUP24-22, for a
Plant Nursery use within the Light Industrial (M -1) District, at the request
of Craig Graham, applicant, on behalf of Joseph Koza, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Craig Graham, applicant, on behalf of Joseph Koza , owner, is
requesting approval of a Conditional Use Permit (CUP) for a Plant Nursery use within the
Light Industrial (M-1) District, on approximately 3.03 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 4th day of November 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
provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
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WHEREAS, on the 18th day of November 2024, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Craig Graham, applicant, on behalf of Joseph Koza , owner, is requesting approval of
a Conditional Use Permit (CUP) for a Plant Nursery use within the Light Industrial (M-1)
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 w ithin the Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) for a Plant
Nursery 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: Being a 3.03-acre tract of land, also being called Tract 7A-7A1
in the H.T. & B.R.R. Co. Survey, Abstract 239, recorded in Volume 1437, Page
649 in the Deed records of Brazoria County, Texas.
General Location: 2814 Main Street, 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 Planning and
Zoning Commission and to City Council for consideration and decision.
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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.
PASSED, APPROVED, and ADOPTED on this day, 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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Exhibit “A”
Legal Description
Being a 3.03-acre tract of land, also being called Tract 7A-7A1 in the H.T. & B.R.R. Co.
Survey, Abstract 239, recorded in Volume 1437, Page 649 in the Deed 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
November 5, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-22
Honorable Mayor and City Council Members:
At their regular meeting on November 4, 2024, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Craig Graham, applicant, on behalf of Joseph Koza, owner,
for approval of a Conditional Use Permit (CUP) for a Plant Nursery use within the Light
Industrial (M-1) District, on approximately 3.03 acres of land, to wit:
Legal Description: Being a 3.03-acre tract of land, also being called Tract 7A-7A1 in the
H.T. & B.R.R. Co. Survey, Abstract 239, recorded in Volume 1437, Page 649 in the Deed
records of Brazoria County, Texas.
General Location: 2814 Main Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on November 4, 2024. The property owner was present at the meeting
and was available to answer questions. There was no comment from the public. The commission
and staff discussed the change of use in relation to the Improvements & Related Triggers
identified in Section 4.1.3.2 of the UDC and the reuse of existing properties.
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After discussion, the Commission took a motion to recommend approval of the CUP for a Plant
Nursery and the motion passed by a vote of 7-0. The vote by the Commission constitutes
a positive recommendation for approval by City Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Deputy Director Griggs presented the staff report, including exhibits. Mr. Griggs explained that
the Conditional Use Permit (CUP) is for a high-quality retail and wholesale plant nursery use. Mr.
Griggs discussed the applicant’s proposed improvements to the pro perty, noted that staff had
received three written public comments in favor of the request, provided a brief history of the
property, and reviewed the proposed site plan. Mr. Griggs stated that the CUP meets all criteria
of the UDC, and staff recommends ap proval.
Applicant, Craig Graham, at 3913 Oak Wood North, Pearland, Texas 77581, was present in-
person in Council Chambers to answer any question for the P&Z Board.
Owner, Joseph Koza, at 2814 South Main Street, Pearland, Texas 77581, was in attendance in-
person in Council Chambers to present to the P&Z Board. Mr. Koza stated that he supports Mr.
Graham’s business and is available to answer any questions from the P&Z Boar d.
Chairperson Fuertes called for public input .
There were no persons wishing to speak for or against the proposed request.
Commissioners Echols and Ordeneaux both expressed support for the CUP. Commissioner
Haskins asked staff whether the CUP would require an update to the parking requirements.
Deputy Director Griggs explained that with a change of use, improvements are only required if
additional parking is needed or if the parking lot is in poor condition. Commissioner Henrichs
stated that this was an excellent way to utilize the property and expressed support for the CUP.
Chairperson Fuertes noted that repurposing empty buildings, even for different uses, is a good
way to keep the area attractive.
There was no further discussion from Staff, P&Z Commission or Public input .
Chairperson Fuertes read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24 -22. Commissioner Ordeneaux made the motion to
approve the proposed CUP and Commissioner Echols seconded the motion.
Motion passed 7-0
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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