HomeMy WebLinkAboutR2026-CUP2025-0574 20260223RESOLUTION R2026- CUP2025-0574
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Minor) use on
approximately 0.3779 acres of land within the Old Town - General
Business (OT-GB) District, being a 16,462.7 square foot or 0.3779 acre tract
of land, being Lot Twelve (12), in Block Twenty (20), of Pearland Townsite,
according to the map or plat thereof recorded in Volume 29, page 41 of the
Map Records of Brazoria County, Texas; and part of Tract 3, Sec tion 2,
H.T.&B. Railroad Company Survey, Abstract 542, City of Pearland, Brazoria
County, Texas. (located at 2418 Main Street, Pearland, Texas). Conditional
Use Permit No. CUP2025-0574, for Auto Repair (Minor) use within the Old
Town – General Business (OT-GB) District at the request of Kenitra
Brockington, applicant, on behalf of Thomas D Rasberry, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Kenitra Brockington, applicant, on behalf of Thomas D Rasberry,
owner, is requesting approval of a Conditional Use Permit (CUP) for Auto Repair (Minor)
use on approximately 0.3779 acres of land within the Old Town – General Business (OT-
GB) 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 2nd day of February 2026, 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
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB
provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 23rd day of February 2026, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Kenitra Brockington, applicant, on behalf of Thomas D Rasberry, owner, is requesting
approval of a Conditional Use Permit (CUP) for 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
a 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: A 16,462.7 square foot or 0.3779 acre tract of land, being Lot
Twelve (12), in Block Twenty (20), of Pearland Townsite, according to the map or
plat thereof recorded in Volume 29, page 41 of the Map Records of Brazoria
County, Texas; and part of Tract 3, Section 2, H.T.&B. Railroad Company Survey,
Abstract 542, City of Pearland, Brazoria County, Texas.
General Location: 2418 Main Street, Pearland, Texas.
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: DC54D69B-E480-4DBB-9653-61ACE2851BBB
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 23rd day of February 2026.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB
Exhibit “A”
Legal Description
A 16,462.7 square foot or 0.3779 acre tract of land, being Lot Twelve (12), in Block Twenty
(20), of Pearland Townsite, according to the map or plat thereof recorded in Volume 29,
page 41 of the Map Records of Brazoria County, Texas; and part of Tract 3, S ection 2,
H.T.&B. Railroad Company Survey, Abstract 542, City of Pearland, Brazoria County,
Texas.
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB
Exhibit “B”
Vicinity Map
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB
Exhibit “C”
Notification
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB
Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
February 3, 2026
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2025-0574
Honorable Mayor and City Council Members:
At their regular meeting on February 2, 2026, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Kenitra Brockington, applicant, on behalf of Thomas D
Rasberry, owner, for approval of a Conditional Use Permit (CUP) for Auto Repair (Minor)
on approximately 0.337 acres of land within the Old Town-General Business (OT-GB)
District, to wit:
Legal Description: A 16,462.7 square foot or 0.3779 acre tract of land, being Lot Twelve
(12), in Block Twenty (20), of Pearland Townsite, according to the map or plat thereof
recorded in Volume 29, page 41 of the Map Records of Brazoria County, Texas; and part
of Tract 3, Section 2, H.T.&B. Railroad Company Survey, Abstract 542, City of Pearland,
Brazoria County, Texas.
General Location: 2418 Main Street, Pearland, Texas.
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on February 2, 2026. Applicant was present, discussed the proposed
project and was available for questions. There were no public speakers. The Commission
discussed the concerns they had with ADUs and how they can be regulated for family use only,
and other challenges and benefits of ADUs.
Commission made a motion to recommend approval of the CUP request and the motion passed
by a vote of 6-0. The vote by the Commission constitutes a positive recommendation for Council
approval.
Sincerely,
Katya Copeland, AICP
Interim Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
Docusign Envelope ID: DC54D69B-E480-4DBB-9653-61ACE2851BBB