HomeMy WebLinkAboutR2025-CUP2025-0540 20260112RESOLUTION R2025- CUP2025-0540
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Minor) and Tire Sales use
on approximately 1.12 acres of land within the General Commercial (GC)
District, being a 1.1200-acre tract of land situated in the T.C.R.R. Co. Survey,
Abstract No. 675, Brazoria County, Texas; being a portion of Lot 3, Block 3 of
the Fourth Amending Plat of Shadow Creek Town Center, according to the
map or plat thereof recorded in Document No. 2019016526 of the Brazoria
County Map Records (B.C.M.R.) (located at 10902 Memorial Hermann
Drive, Pearland, Texas). Conditional Use Permit No. CUP2025-0540,
for Auto Repair (Minor) and Tire Sales use within the General Commercial
(GC) District at the request of Jeremiah Kamerer, Kimley-Horn, applicant, on
behalf of Fidelis Realty Partners, LTD., owner, containing a savings claus e, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Jeremiah Kamerer, Kimley-Horn, applicant, on behalf of Fidelis Realty
Partners, LTD., owner, is requesting approval of a Conditional Use Permit (CUP) for Auto
Repair (Minor) and Tire Sales use on approximately 1.12 acres of land within the General
Commercial (GC) District; 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 15th day of December 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
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provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 12th day of January 2026, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Jeremiah Kamerer, Kimley-Horn, applicant, on behalf of Fidelis Realty Partners, LTD.,
owner, is requesting approval of a Conditional Use Permit (CUP) for Auto Repair (Minor)
and Tire Sales use within the General Commercial (GC) 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
Commercial (GC) District, is hereby granted a Conditional Use Per mit (CUP) for a Auto
Repair (Minor) and Tire Sales 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 1.1200-acre tract of land situated in the T.C.R.R. Co.
Survey, Abstract No. 675, Brazoria County, Texas; being a portion of Lot 3,
Block 3 of the Fourth Amending Plat of Shadow Creek Town Center,
according to the map or plat thereof recorded in Document No. 2019016526
of the Brazoria County Map Records (B.C.M.R.).
General Location: 10902 Memorial Hermann Drive, Pearland, Texas.
Conditions: 1. A minimum 6-foot landscape strip must be provided along the west
side of the property containing street trees and a continuous shrub row to screen
the service bays. Street trees shall be a minimum three-inch (3'') caliper measured
at twelve inches (12'') above the root ball with the total caliper inches equal to at
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least one-inch (1'') for each fifteen feet (15') of lot length and the shrubs shall be a
minimum height of three (3') feet at the time of planting.
2.Proposed building materials shall be consistent with the existing building to the
south on Lot 3.
3.A minimum 25% of the facades fronting Memorial Hermann Drive and South
Freeway shall be transparent.
4.Existing integrated multi-tenant sign on the property shall be utilized for
proposed ground signage. Applicant shall not be permitted to apply for their own
ground sign. Wall signage allowances shall meet requirements identified in
Chapter 4, Division 5 of the UDC
5. No vehicle for repair shall be permitted to be stored outside of the building
overnight.
6.Obtain approval from the Pipeline company for parking, landscaping & screening
requirements.
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.
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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 12th day of January 2026.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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Exhibit “A”
Legal Description
A 1.1200-acre tract of land situated in the T.C.R.R. Co. Survey, Abstract No. 675, Brazoria
County, Texas; being a portion of Lot 3, Block 3 of the Fourth Amending Plat of Shadow
Creek Town Center, according to the map or plat thereof recorded in Document No.
2019016526 of the Brazoria County Map Records (B.C.M.R.).
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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
December 16, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2025-0540
Honorable Mayor and City Council Members:
At their regular meeting on December 15, 2025, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Jeremiah Kamerer, Kimley-Horn, applicant, on behalf of
Fidelis Realty Partners, LTD., owner, for approval of a Conditional Use Permit (CUP) for
Auto Repair (Minor) and Tire Sales use on approximately 1.12 acres of land within the
General Commercial (GC) District, to wit:
Legal Description: A 1.1200-acre tract of land situated in the T.C.R.R. Co. Survey,
Abstract No. 675, Brazoria County, Texas; being a portion of Lot 3, Block 3 of the Fourth
Amending Plat of Shadow Creek Town Center, according to the map or plat thereof
recorded in Document No. 2019016526 of the Brazoria County Map Records (B.C.M.R.).
General Location: 10902 Memorial Hermann Drive, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on December 15, 2025. Applicant was present and discussed the
proposed project. There were no public speakers. The Commission discussed location of bay
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doors, tree planting issues related to the pipeline easement, and a condition to prevent storing of
vehicles outside of the building overnight.
After discussion, the Commission made a motion to amend the request to include staff conditions
#2-5 and added the condition that no vehicle for repair be permitted to be stored outside of the
building overnight. Motion to amend passed 4 -1.
Commission made a motion to recommend approval of the amended CUP request and the
motion passed by a vote of 4 -1. 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
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