HomeMy WebLinkAboutR2025-CUP2025-0343 20251117RESOLUTION R2025- CUP2025-0343
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Dwelling - Two-Family use within the Old
Town-Mixed Use (OT-MU) District, to accommodate four (4) two-family
dwelling units on four separately platted lots totaling 0.424 acres of land,
being all of Lots 12-16 and the northern 23 feet of Lot 17, in Block 26 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 2523, 2525, 2527, 2529, 2531 Grand
Boulevard, Pearland, Texas). Conditional Use Permit No. CUP2025-0343,
for Dwelling - Two-Family use within the Old Town-Mixed Use (OT-
MU) District at the request of Grand Development, LLC., applicant and owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Grand Development, LLC., applicant and owner, is requesting
approval of a Conditional Use Permit (CUP) for Dwelling - Two-Family use within the Old
Town-Mixed Use (OT-MU) District, to accommodate four (4) two-family dwelling units on
four separately platted lots totaling 0.424 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
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“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 Grand Development, LLC., applicant and owner, is requesting approval of
a Conditional Use Permit (CUP) for a Dwelling - Two-Family 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 a
Dwelling - Two-Family 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: Being all of Lots 12-16 and the northern 23 feet of Lot
17, in Block 26 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: 2523, 2525, 2527, 2529, 2531 Grand Boulevard,
Pearland, Texas.
Condition: To accommodate three (3) Two-family dwelling units contingent
on City staff confirming that the use can be developed compliant to the City's
regulations.
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
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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.
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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
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Exhibit “A”
Legal Description
Being all of Lots 12-16 and the northern 23 feet of Lot 17, in Block 26 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.
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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
September 3, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2025-0343
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 Grand Development, LLC., applicant and owner, for
approval of a Conditional Use Permit (CUP) for Dwelling - Two-Family use within the Old
Town-Mixed Use (OT-MU) District, to accommodate four (4) two-family dwelling units on
four separately platted lots totaling 0.424 acres of land, to wit:
Legal Description: Being all of Lots 12-16 and the northern 23 feet of Lot 17, in Block 26
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: 2523, 2525, 2527, 2529, 2531 Grand Boulevard, 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 property owner was present and discussed
the proposed project. There was one (1) public speaker in opposition to the requested CUP. The
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concerns of the speaker included compatibility of the proposed project with the draft of the Old
Town Revitalization Plan (OTRP) and potential for parking on the street. The Commission
discussed the proposed product, future plans for Grand Boulevard, alley-loaded garages,
compatibility with the OTRP, and whether units will be owned or rented.
After discussion, the Commission took a motion to recommend approval of the proposed CUP
with staff's recommended conditions and the motion failed by a vote of 0-6. The vote by the
Commission constitutes a negative recommendation for Council approval.
With that action, a simple majority of all members of City Council is required in order to approve
this request.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Senior Planner Bauer presented the staff report with exhibits. Mr. Bauer stated that the
Conditional Use Permit (CUP) request was for approval to allow four two-family dwelling units to
be developed on the property located within the Old Town-Mixed Use (OT-MU) District. He noted
that staff receive two public comments in opposition. Mr. Bauer discussed the property history,
reviewed the site plan and building renderings, briefly described the floor plan. He stated that the
proposed CUP meets six of the seven criteria outlined in the UDC and recommended approval
with the following conditions:
1. The applicant shall provide rear-loaded garages with access from the alley. The
garage shall be setback 20 feet from the rear property line in order for a vehicle to have
adequate space to park in the driveway without encroaching into the alley.
2. A balcony or front porch will be required for each unit with a minimum size of ten
(10') in width by six (6') in depth.
Applicant Brian Starr, 2818 Morenci Street, Pearland, Texas 77584, was present in person in
Council Chambers to present to the Planning and Zoning Board. Mr. Starr stated that he agreed
with staff’s presentation except for the rear-ally requirement, which he felt was not feasible.
Chairperson Isenberg called for public input.
Resident Rick Simms, 1931 Timbercreek Drive, Pearland, Texas 77581, spoke in opposition,
citing concerns that the development does not fit the Old Town site plan, that one-car garages
may be used for storage and create parking issues, and that he preferred single-family homes
rather than a row of duplexes.
Commission discussion focused on the design not fitting the vision and character of Old Town
Revitalization Plan. Commissioners noted that the Sullivan Brothers development was successful
in using alley access. Commissioner Haskins highlighted the importance of mitigating on-street
parking and noted that the product could provide additional housing opportunities in Pearland.
Commissioner Henrichs asked whether the dwelling units would be for sale or rent. Mr. Starr
responded that the units would be for rent and would be a quality product. Commissioner Henrichs
further noted that Grand Boulevard is an area the city wants to revitalize, which supports a
preference for ally access over front-facing driveways.
There was no further discussion from Staff, Planning and Zoning Commission, or public input.
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Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP2025-0343. Commissioner Haskins made a motion to
approve the CUP with staff’s conditions and Commissioner Echols seconded the motion.
Motion failed 0-6.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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