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Home My WebLink AboutR2025-CUP2025-0334 20250922RESOLUTION R2025- CUP2025-0334 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 Suburban Residential-15 (SR-15) District, on approximately 0.89 acres of land, being Lot 7 in Block 4 of West Lea, Section 1, a Subdivision in the H.T. & B.R.R. Co. Survey Abstract No. 546 in Brazoria County Texas, according to the map recorded in Volume 10, Page 19, et. Seq., amended in Volume 10, Page 33, et. Seq. of the Plat Records of Brazoria County, Texas (located at 3637 Wingtail Way, Pearland, Texas). Conditional Use Permit Application No. CUP2025-0334, for Accessory Dwelling Unit use within the Suburban Residential-15 (SR-15) District, at the request of Barbara Rodriguez, applicant, on behalf of Michelle Castaneda, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Barbara Rodriguez, applicant, on behalf of Michelle Castaneda, owner, is requesting approval of a Conditional Use Permit (CUP) for Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Suburban Residential-15 (SR- 15) District, on approximately 0.89 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 September 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: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 “D”; and WHEREAS, on the 22nd 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 Barbara Rodriguez, applicant, on behalf of Michelle Castaneda, owner, is requesting approval of a Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Suburban Residential-15 (SR-15) 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 Suburban Residential-15 (SR-15) 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 7 in Block 4 of West Lea, Section 1, a Subdivision in the H.T. & B.R.R. Co. Survey Abstract No. 546 in Brazoria County Texas, according to the map recorded in Volume 10, Page 19, et. Seq., amended in Volume 10, Page 33, et. Seq. of the Plat Records of Brazoria County, Texas. General Location: 3637 Wingtail Way, Pearland, Texas. Condition: 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 by first or second degree of consanguinity or affinity. Docusign Envelope ID: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 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 22nd day of September 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ Docusign Envelope ID: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 Exhibit “A” Legal Description Lot 7 in Block 4 of West Lea, Section 1, a Subdivision in the H.T. & B.R.R. Co. Survey Abstract No. 546 in Brazoria County Texas, according to the map recorded in Volume 10, Page 19, et. Seq., amended in Volume 10, Page 33, et. Seq. of the Plat Records of Brazoria County, Texas. Docusign Envelope ID: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 Exhibit “B” Vicinity Map Docusign Envelope ID: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 Exhibit “C” Notification Docusign Envelope ID: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion September 3, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP2025-0334 Honorable Mayor and City Council Members: At their regular meeting on September 2, 2025, the Planning and Zoning Commission considered the following: Public Hearing: A request by Barbara Rodriguez, applicant, on behalf of Michelle Castaneda, owner, for approval of a Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Suburban Residential-15 (SR-15) District, on approximately 0.89 acres of land, to wit: Legal Description: Lot 7 in Block 4 of West Lea, Section 1, a Subdivision in the H.T. & B.R.R. Co. Survey Abstract No. 546 in Brazoria County Texas, according to the map recorded in Volume 10, Page 19, et. Seq., amended in Volume 10, Page 33, et. Seq. of the Plat Records of Brazoria County, Texas. General Location: 3637 Wingtail Way, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on September 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: 19E1CF1A-CF02-45BB-939F-E3F2410BB864 The Commission took a motion to recommend approval of the CUP for Accessory Dwelling Unit use and the motion passed by a vote of 5-1. 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 the Conditional Use Permit (CUP) request to allow for the renovation and addition to an existing Accessory Dwelling Unit (ADU) within the footprint of an existing accessory structure on the property. She noted staff received one phone call requesting additional information, reviewed the history of the property, and briefly outlined the site and floor plan of the ADU. Ms. Peterson stated staff found the proposed CUP meets most of the criteria outlined in the UDC, and recommended 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 by first or second degree of consanguinity or affinity. Owner, Michelle Castaneda, 3637 Wingtail Way, Pearland, Texas 77584, was present in person in the Council Chambers to answer questions for the Planning and Zoning Board. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the request. Commission discussion focused on support for the ADU, noting that it has existed since at least 1999, and concerns regarding future occupants when the owner moves or their parents no longer reside there. Chairperson Isenberg asked the owner about the future use of the ADU. Ms. Castaneda responded that her children would take over the main home and she and her spouse would reside in the ADU. Commissioner Echols asked whether the dwelling existed at the time of property purchase. Ms. Castaneda confirmed that it did. 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: CUP2025-0334. Vice Chairperson Ordeneaux made a motion to approve the CUP with staff’s conditions and Commissioner Henrichs seconded the motion. Motion passed 5-1. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: 19E1CF1A-CF02-45BB-939F-E3F2410BB864