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Home My WebLink AboutR2025-CUP2025-0107 20250519RESOLUTION R2025- CUP2025-0107 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for an expansion to an existing Auto Repair (Minor) use within the General Business (GB) District, on approximately 0.9125 acres of land, being Lot 2, Block 1, Final Plat of Broadway West, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 20, Page 307 & 308 of the Plat Records of Brazoria County, Texas (located at 10331 Broadway Street, Pearland, Texas). Conditional Use Permit Application No. CUP2025-0107, for an expansion to an existing Auto Repair (Minor) use within the General Business (GB) District, at the request of Gulf Tex Roofing and Services, applicant, on behalf of Halle Properties, LLC., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Gulf Tex Roofing and Services, applicant, on behalf of Halle Properties, LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for an expansion to an existing Auto Repair (Minor) use within the General Business (GB) District, on approximately 0.9125 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 May 2025, 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 Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 “D”; and WHEREAS, on the 19th day of May 2025, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Gulf Tex Roofing and Services, applicant, on behalf of Halle Properties, LLC ., owner, is requesting approval of a Conditional Use Permit (CUP) for an expansion to an existing Auto Repair (Minor) use within the General Business (GB) 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 Business (GB) District, is hereby granted a Conditional Use Per mit (CUP) for an expansion to an existing Auto Repair (Minor) 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 2, Block 1, Final Plat of Broadway West, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 20, Page 307 & 308 of the Plat Records of Brazoria County, Texas. General Location: 10331 Broadway 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 Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 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 Re sol ution shall become effective after its passage and approval. PASSED, APPROVED, and ADOPTED on this day, the 19th day of May 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: _______________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 Exhibit “A” Legal Description Lot 2, Block 1, Final Plat of Broadway West, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 20, Page 307 & 308 of the Plat Records of Brazoria County, Texas. Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 Exhibit “B” Vicinity Map Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 Exhibit “C” Notification Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion May 6, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP2025-0107 Honorable Mayor and City Council Members: At their regular meeting on May 5, 2025, the Planning and Zoning Commission considered t he following: Public Hearing: A request by Gulf Tex Roofing and Services, applicant, on behalf of Halle Properties, LLC., owner, for approval of a Conditional Use Permit (CUP) for an expansion to an existing Auto Repair (Minor) use within the General Business (GB) District, on approximately 0.9125 acres of land, to wit: Legal Description: Lot 2, Block 1, Final Plat of Broadway West, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 20, Page 307 & 308 of the Plat Records of Brazoria County, Texas. General Location: 10331 Broadway Street, Pearland, Texas The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on May 5, 2025. The applicant was present at the meeting and was available to answer questions. There was no comment from the public. Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4 The Commission took a motion to recommend approval of the CUP for an expansion to an existing Auto Repair (Minor) use and the motion passed by a vote of 6-0. The vote by the Commission constitutes a positive recommendation for approval by City Council. Excerpts from the Minutes of the Planning & Zoning Commission Meeting: Planner II Bauer presented the staff report with exhibits. Mr. Bauer explained that the request is for approval of a Conditional Use Permit (CUP) for a 480 -square-foot building expansion to store tires for an auto repair facility. Mr. Bauer noted that no public comments had been received either in support of or opposition to the request. He reviewed the property’s history and briefly summarized the results of the property survey. Mr. Bauer concluded that CUP meets the approval criteria outlined in the Unified Development Code (UDC), and stated that staff recommends approval. A representative from Gulf Tex Roofing and Services, at 5929 Bardet Street, Pearland, Texas 77584, was present in person in the Council Chambers to answer any questions for the P&Z Board. Chairperson Fuertes 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 Fuertes read into the record the item on Consideration and Possible Action – Conditional Use Permit Application – CUP2025-0107. Commissioner Ordeneaux made the motion to approve the CUP, and Commissioner Henrichs seconded the motion. Motion passed 6-0. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: D5FEED05-D173-487C-809D-58937D77A5A4