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Home My WebLink AboutR2025-CUP2025-0182 20250623RESOLUTION R2025- CUP2025-0182 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use within the Old Town-Mixed Use (OT-MU) District, on approximately 0.143 acres (6,250 sq.ft.) of land, being  Lots 12 and 13, in Block 6 of Pearland Townsite, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the Plat Records of Brazoria County, Texas (located at 2225 North Houston Avenue, Pearland, Texas). Conditional Use Permit Application No. CUP2025 -0182, Dwelling - Single- Family Detached use within the Old Town-Mixed Use (OT-MU) District, at the request of VHR Construction, LLC applicant and owners, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, VHR Construction, LLC applicant and owners, is requesting approval of a Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use within the Old Town-Mixed Use (OT-MU) District, on approximately 0.143 acres (6,250 sq.ft.) 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 Docusign Envelope ID: 92B9813C-7C69-453E-81E0-44DA95651358 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 VHR Construction, LLC applicant and owners, is requesting approval of a Conditional Use Permit (CUP) Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use within the Old Town-Mixed Use (OT-MU) 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 Old Town- Mixed Use (OT-MU) District, is hereby granted a Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use on approximately 0.143 acres (6,250 sq.ft.) of land within the Old Town-Mixed Use (OT-MU) 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: Lots 12 and 13, in Block 6 of Pearland Townsite, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the Plat Records of Brazoria County, Texas.   General Location: 2225 North Houston Avenue, 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: 92B9813C-7C69-453E-81E0-44DA95651358 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 Docusign Envelope ID: 92B9813C-7C69-453E-81E0-44DA95651358 Exhibit “A” Legal Description  Lots 12 and 13, in Block 6 of Pearland Townsite, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the Plat Records of Brazoria County, Texas. Docusign Envelope ID: 92B9813C-7C69-453E-81E0-44DA95651358 Exhibit “B” Vicinity Map Docusign Envelope ID: 92B9813C-7C69-453E-81E0-44DA95651358 Exhibit “C” Notification Docusign Envelope ID: 92B9813C-7C69-453E-81E0-44DA95651358 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. CUP2025-0182 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 VHR Construction, LLC applicant and owners, for approval of a Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use on approximately 0.143 acres (6,250 sq.ft.) of land within the Old Town-Mixed Use (OT-MU) District, to wit: Legal Description: Lots 12 and 13, in Block 6 of Pearland Townsite, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the Plat Records of Brazoria County, Texas. General Location: 2225 North Houston Avenue, 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. Docusign Envelope ID: 92B9813C-7C69-453E-81E0-44DA95651358 The Commission took a motion to recommend approval of the CUP for Dwelling - Single-Family Detached use on approximately 0.143 acres (6,250 sq.ft.) of land within the Old Town-Mixed Use (OT-MU) District 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: Planner II Peterson presented the staff report with exhibits. Ms. Peterson explained that the request was for the approval of a Conditional Use Permit (CUP) to allow a Single-Family Detached Dwelling use within the Old Town-Mixed Use (OT-MU) District. She noted that staff had not received any public comments either in support of or opposition to the request and provided a review of the property’s history. Ms. Peterson stated that the CUP meets six of the seven approval criteria outlined in the UDC, and that staff recommends approval. Victor Rodriguez, of VHR Construction LLC, located at 1606 East Martha Lane, Pasadena, Texas 77502, was present in-person in the Council Chambers to present to the Planning & Zoning Board. Mr. Rodriguez discussed the proposed development of the property. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. The Commissioners discussed the potential for the requested land use to be revised to a permitted-by-right use within the Old Town-Mixed Use (OT-MU) District. Commissioner Echols suggested including language in the upcoming Unified Development Code (UDC) update that would allow a home to be rebuilt by right without requiring approval from the Planning & Zoning Commission or City Council if the home were destroyed by a storm. There was no further discussion from Staff, Planning & Zoning Commission, or public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action – Conditional Use Permit Application – CUP2025-0182. Commissioner Haskins made the motion to approve the CUP and Commissioner Henrichs 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 Docusign Envelope ID: 92B9813C-7C69-453E-81E0-44DA95651358