R2024-CUP23-19-1 2024-11-18-FailedRESOLUTION R2024- CUP23-19-1
A Resolution of the City Council of the City of Pearland, Texas, approving
an extension to R2023-CUP23-19 for an Auto Wash use within the
Genera Business (GB) District, on approximately 1.2085 acres of land,
being described as a 1.2085-acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 21, Abstract No. 309, Brazoria County, Texas,
being out of and a portion of Lot 1, Block 1 of Final Plat Sunrise Flats
according to the map or plat thereof recorded in Brazoria County Clerk’s File
No. 2023043651, and being out of and a part of that certain tract of land
conveyed to BE FM 518 Realty LTD. recorded in Brazoria County Clerk’s
File No. 2022049189 (located at the Southeast Corner of Broadway
Street & Smith Road, Pearland, Texas).
WHEREAS, on the 27th day of November 2023 by Resolution R2023-CUP23-19,
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, CUP23-19 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, Gordon Jones representing BE FM 518 Realty LTD., 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:
Section I. The previously issued Conditional Use Permit for the following
Failed - November 18, 2024
described property located within the corporate Ci ty Limits of the City of Pearland,
Texas, and presently being located within the Genera Business (GB) District, is hereby
extended to an expiration date of November 27th, 2025:
Legal Description: A 1.2085-acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 21, Abstract No. 309, Brazoria County, Texas, being
out of and a portion of Lot 1, Block 1 of Final Plat Sunrise Flats according to the
map or plat thereof recorded in Brazoria County Clerk’s File No. 2023043651,
and being out of and a part of that certain tract of land conveyed to BE FM 518
Realty LTD. recorded in Brazoria County Clerk’s File No. 2022049189.
General Location: Southeast Corner of Broadway Street & Smith 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
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 18th day of November 2024.
_________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY