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Home My WebLink AboutR2025-CUP2025-0159 20250623-FailedRESOLUTION R2025- CUP2025-0159 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) District, on approximately 2.00 acres of land, being Lot 2 of the Minor Plat of Cmajdalka Estates, a Subdivision in Brazoria County Texas, according to the map or plat thereof recorded in Clerk File No. 2020001977 of the Official Public Records of Brazoria County, Texas (located at 2644 Miller Ranch Road, Pearland, Texas). Conditional Use Permit Application No. CUP2025-0159, for Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) District, at the request of John Hannah, applicant, on behalf of Blake Cmajdalka, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, John Hannah, applicant, on behalf of Blake Cmajdalka, owner , is requesting approval of a Conditional Use Permit (CUP) for Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) District, on approximately 2.00 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 2nd day of June 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 “D”; and WHEREAS, on the 23rd day of June 2025, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of John Hannah, applicant, on behalf of Blake Cmajdalka, owner , is requesting approval of a Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Single- Family Residential-1 (R-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 within the General Business (GB) District, is hereby granted a Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) District, 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 of the Minor Plat of Cmajdalka Estates, a Subdivision in Brazoria County Texas, according to the map or plat thereof recorded in Clerk File No. 2020001977 of the Official Public Records of Brazoria County, Texas. General Location: 2644 Miller Ranch 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 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. PASSED, APPROVED, and ADOPTED on this day, the 23rd day of June 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Exhibit “A” Legal Description Lot 2 of the Minor Plat of Cmajdalka Estates, a Subdivision in Brazoria County Texas, according to the map or plat thereof recorded in Clerk File No. 2020001977 of the Official Public Records of Brazoria County, Texas. Exhibit “B” Vicinity Map Exhibit “C” Notification Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion Jun 3, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP2025-0159 Honorable Mayor and City Council Members: At their regular meeting on June 2, 2025, the Planning and Zoning Commission considered the following: Public Hearing: A request by John Hannah, applicant, on behalf of Blake Cmajdalka, owner, for approval of a Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) District, on approximately 2.0 acres of land, to wit: Legal Description: Lot 2 of the Minor Plat of Cmajdalka Estates, a Subdivision in Brazoria County Texas, according to the map or plat thereof recorded in Clerk File No. 2020001977 of the Official Public Records of Brazoria County, Texas. General Location: 2644 Miller Ranch Road, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on June 2, 2025. The applicant was present at the meeting and was available to answer questions. There was no comment from the public. The Commission took a motion to recommend approval of the CUP for Accessory Dwelling Unit use and the motion passed by a vote of 6-1. 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 Peterson presented the staff report with exhibits. Ms. Peterson explained that the request is for approval of a Conditional Use Permit (CUP) was to allow for the renovation and addition to an existing accessory structure on the site to be converted into an Accessory Dwelling Unit (ADU). She noted that staff had not received any public comments either in favor of or in opposition to the request. Ms. Peterson provided a summary of the property’s history and a brief overview of the proposed floor plan. Ms. Peterson concluded that the CUP meets six out of the seven approval criteria outlined in the UDC, and staff recommends approval with the following condition: 1. The CUP shall only allow for the accessory dwelling unit to be occupied by a person who is related to the person who occupies the primary dwelling unit on the subject property. The property owner, Blake Cmajdalka, of 2644 Miller Ranch Road, Pearland, Texas 77584, was present in-person in the Council Chambers to present to the P&Z Board. Mr. Cmajdalka discussed the remodel of the guest house and stated that he was available to answer any questions from the Board. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. The commission discussed the enforceability of the condition related to those related to the owner. 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 – CUP2025-0159. Commissioner Ordeneaux made the motion to approve the CUP, and Commissioner Haskins seconded the motion. Motion passed 6-1. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission