HomeMy WebLinkAboutR2025-CUP2025-0285 20250922RESOLUTION R2025- CUP2025-0285
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Chemical Packaging/Blending use within
the Light Industrial (M-1) District, on approximately 25.1041 acres of
land, being a Replat of Commercial Reserve, Block 1, minor plat of Packaging
Service Company and 3.02 acres of land situated in the H.T.& B.R.R, Abstract
543, Section 4 City of Pearland, Brazoria County, Texas (located at 4902
Shank Road, Pearland, Texas). Conditional Use Permit No. CUP2025-0285,
for a Chemical Packaging/Blending use within the Light Industrial (M-1)
District at the request of Thomas R Uzick, VP, Mission Constructors, Inc.
applicant, on behalf of Jean-Pierre Baizan, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Thomas R Uzick, VP, Mission Constructors, Inc. applicant, on behalf
of Jean-Pierre Baizan, owner, is requesting approval of a Conditional Use Permit (CUP)
for a Chemical Packaging/Blending use within the Light Industrial (M-1) District, on
approximately 25.1041 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 18th day of August 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
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“D”; and
WHEREAS, on the 8th day of September 2025, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Thomas R Uzick, VP, Mission Constructors, Inc. applicant, on behalf of Jean-Pierre
Baizan, owner, is requesting approval of a Conditional Use Permit (CUP) for a Chemical
Packaging/Blending 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 within the Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) for a Chemical
Packaging/Blending 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: A subdivision of 25.1041 Acres of Land being a Replat
of Commercial Reserve, Block 1, minor plat of Packaging Service Company
and 3.02 acres of land situated in the H.T.& B.R.R, Abstract 543, Section 4
City of Pearland, Brazoria County, Texas.
General Location: 4902 Shank Road, Pearland, Texas.
Conditions: 1. No outdoor storage, including that of trucks, and/or trailers be
within the first 75' fronting the previous 4902 Shank Road Parcel (3.02 acres of
land situated in the H.T.& B.R.R, Abstract 543, Section 4 City of Pearland, Brazoria
County, Texas). This 75’ storage restriction does not apply to the existing
SolvChem property (22.08 acres) running east along Shank to Mykawa Road. Any
existing outdoor storage of trucks and trailers within the first 75’ of the front property
line on the lot previous 4902 Shank Road Parcel shall be removed and adequate
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screening be provided along Shank Road and the west property line in accordance
with UDC requirements.
2. The area within the 75' of the property, as identified in Condition #1, may be
developed with landscaping, parking, retention/detention, or building; however, the
minimum setback for all off-street parking, maneuvering and loading areas from
the right-of-way line of the roadway shall be thirty feet (30'). A minimum of fifteen
percent (15%) of the required setback area shall consist of landscaped open areas
with a permeable surface.
3. The Oak Trees (3) at 4902 Shank Road shall be protected during development
and remain on the property. If any of the three trees die in the future, a new Oak
tree with a minimum 4" caliper shall be planted in the same general area.
4. An 8’ tall landscape screen of ornamental trees with chain link fence inside the
vegetation line be provided adjacent to the residential property to the west and
along the southern property line adjacent to the Horseshoe Bend plat properties.
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.
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Section VI. This Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this day, the 8th day of September 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
A subdivision of 25.1041 Acres of Land being a Replat of Commercial Reserve, Block 1,
minor plat of Packaging Service Company and 3.02 acres of land situated in the H.T.&
B.R.R, Abstract 543, Section 4 City of Pearland, 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
August 19, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2025-0285
Honorable Mayor and City Council Members:
At their regular meeting on August 18, 2025, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Thomas R Uzick, VP, Mission Constructors, Inc. applicant,
on behalf of Jean-Pierre Baizan, owner, for approval of a Conditional Use Permit (CUP)
for Chemical Packaging/Blending use within the Light Industrial (M-1) District, on
approximately 25.1041 acres of land, to wit:
Legal Description: A subdivision of 25.1041 Acres of Land being a Replat of
Commercial Reserve, Block 1, minor plat of Packaging Service Company and 3.02 acres
of land situated in the H.T.& B.R.R, Abstract 543, Section 4 City of Pearland, Brazoria
County, Texas.
General Location: 4902 Shank Road, Pearland, Texas.
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The Planning and Zoning Commission conducted a public hearing for the proposed CUP
request at their regular meeting on August 18, 2025. The applicant was present, and the
applicant discussed the proposed project. There was public comment from seven (7) residents
related to noise, screening, the condition of Shank Road, and existing issues with trucks
blocking the road for extended periods of time.
The Commission took a motion to recommend approval of the proposed CUP with staff's
recommended conditions, and the additional condition that a six-foot masonry wall be provided
adjacent to the residential property to the west and along the southern property line adjacent to
the Horseshoe Bend plat properties. The motion passed by a vote of 5-0. 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
applicant is proposing an expansion of the existing Chemical Packaging/Blending Use, along
with reworked trailer storage areas and fire lanes, improved site access, a scale house,
additional employee and visitor parking, and an integrated fire protection plan. She noted staff
received one written comment for more information, briefly discussed the history of the property,
and proposed site plan. Ms. Peterson stated the proposed CUP meets the approval criteria
outlined in the Unified Development Code (UDC) and staff recommended approval with the
following conditions:
1. No outdoor storage, including that of trucks and/or trailers, be within the first 75-feet
fronting Shank Road along the property added during the 2024 plat.
2. The area within the 75-feet of the property, as identified in Condition #1, shall be 100%
landscaped and prioritized as a Landscaped Buffer.
3. The Oak Trees at 4902 Shank Road shall be protected during development and remain
on the property. If the trees should die in the future, a new Oak tree with a minimum 4-
inch caliper shall be planted in the same general area.
Applicant, Jean Pierre Baizan at 3118 Pittsburg Street, Houton, Texas 77005, was present in
person in the Pearland Economic Development Corporation (PEDC) Board Room to answer any
questions for the P&Z Board.
Chairperson Isenberg called for public input.
Resident Gary Lawrence, 2318 Green Tee Drive, Pearland, Texas 77581, expressed concerns
with the visibility of the facility and landscaping, and requested a solid fence to separate the
properties.
Resident Tara Lawrence-Johnson, 2006 East Marys Creek Lane, Pearland, Texas 77581,
requested a solid wall between the properties and asked that as many mature trees as possible
be preserved.
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Resident Lisa Layfield, 1431 Crystal Lake Circle, Pearland, Texas 77584, expressed concerns
with the conditions of Shank Road, lack of traffic flow due to blocked roadways by eighteen-
wheeler trucks, and the containment of chemicals to prevent pollution.
Resident Mona Holtkamp, 3913 Hazelwood Drive, Pearland, Texas 77584, expressed concerns
with road conditions, eighteen-wheeler trucks blocking the street, and the lack of ingress and
egress.
Resident Charles Buck Stevens, 4701 West Orange Street, Pearland, Texas 7758, expressed
concerns with noise, rendering of the proposed site plan, and landscape screening and fencing
along the back of the property.
Resident Ronnie Castillo, 5030 Shank Road, Pearland, Texas 77581, expressed concerns with
the access to the street due to truck parking.
Resident Tim Russell, 5102 Shank Road, Pearland, Texas 77581, expressed concerns with
screening, drainage, and the condition of Shank Road.
The Commission’s discussion focused on the road improvement timelines, truck parking in the
Right of Way (ROW), trees and screening of the property, drainage, the presence of an existing
porta potty, and consideration of an additional condition.
There was no further discussion from Staff, Planning and Zoning Commission, or public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP2025-0285. Commissioner Haskins made a motion to
approve the CUP with staff conditions, including that a six-foot masonry wall be provided
adjacent to the residential property to the west and along the southern property line adjacent to
the Horseshoe Bend plat properties. Vice Chairperson Ordeneaux seconded the motion.
Motion passed 5-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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