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Home My WebLink AboutR2025-CUP2025-0453 20251117RESOLUTION R2025-CUP2025-0453 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 Old Town -General Business (OT-GB) District, on approximately 0.4224 acres of land, being Lots 10, 11 and 12, Block E of the 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 2121 Main Street, Pearland, T exas). Conditional Use Permit No. CUP2025-0453, for an expansion to an existing Auto Repair (Minor) use within the Old Town-General Business (OT-GB) District at the request of Enrique and Lisa Cruz, owners, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Enrique and Lisa Cruz, owners, is requesting approval of a Conditional Use Permit (CUP) for an expansion to an existing Auto Repair (Minor) use within the Old Town-General Business (OT-GB) District, on approximately 0.4224 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 3rd day of November 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: 07ACAE04-47C5-4795-B296-43862A715E1D WHEREAS, on the 17th day of November 2025, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Enrique and Lisa Cruz, owners, is requesting approval of a Conditional Use Permit (CUP) for an expansion to an existing Auto Repair (Minor) use within the Old Town- General Business (OT-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 Old Town- General Business (OT-GB) District, is hereby granted a Conditional Use Permit (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: Lots 10, 11 and 12, Block E of the 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: 2121 Main Street, Pearland, Texas. Condition: The proposed expansion of the existing auto repair facility shall meet all setback requirements within the Old Town-General Business District. 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: 07ACAE04-47C5-4795-B296-43862A715E1D 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 17th day of November 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 07ACAE04-47C5-4795-B296-43862A715E1D Exhibit “A” Legal Description Lots 10, 11 and 12, Block E of the 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: 07ACAE04-47C5-4795-B296-43862A715E1D Exhibit “B” Vicinity Map Docusign Envelope ID: 07ACAE04-47C5-4795-B296-43862A715E1D Exhibit “C” Notification Docusign Envelope ID: 07ACAE04-47C5-4795-B296-43862A715E1D Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion November 4, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP2025-0453 Honorable Mayor and City Council Members: At their regular meeting on November 3, 2025, the Planning and Zoning Commission considered the following: Public Hearing: A request by Enrique and Lisa Cruz, owners, for approval of a Conditional Use Permit (CUP) for an expansion to an existing Auto Repair (Minor) use within the Old Town-General Business (OT-GB) District, on approximately 0.4224 acres of land, to wit: Legal Description: Lots 10, 11 and 12, Block E of the 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: 2121 Main Street, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on November 3, 2025. The property owner was present and available to answer any questions. There was no comment from the public. Docusign Envelope ID: 07ACAE04-47C5-4795-B296-43862A715E1D The Commission and staff discussed the proposed expansion, improvements to the site, development within the Old Town area, the variance process for enclosing an existing building that does not meet the setback, and proximity of the proposed auto services w ithin the expansion to the northern property line. After discussion, the Commission took a motion to recommend approval of the proposed CUP without staff's recommend condition and the motion passed by a vote of 6-0. The vote by the Commission constitutes a positive recommendation for Council approval. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: 07ACAE04-47C5-4795-B296-43862A715E1D