HomeMy WebLinkAboutR2026-CUP2026-0161 20260518RESOLUTION R2026-CUP2026-0161
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Convenience Store use on
approximately 7.173 acres of land, within the M-1 District, being a 7.173
acre tract of land, located in the H.T.&B.R.R. Co. Survey, Abstract 232, and
the R.B. Lyle Survey, Abstract 543, Brazoria County, Texas, and being part of
Lots 53, 54, and 59 of W. Zychlinsky’s Subdivision as recorded in Volume 29,
Page 43 of the Deed Records of Brazoria County, and being the same property
as described in deed recorded in Brazoria County Clerk’s File
2019000600 (located at 4213 McHard Road, Pearland, Texas) Conditional
Use Permit No. CUP2026-0161, for Convenience Store Use within the Light
Industrial (M-1) District at the request of Harrison Baldwin of QT South, LLC,
applicant, on behalf of Eul Sook Lou and Seoung Deuk Chin, owners,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Harrison Baldwin of QT South, LLC, applicant, on behalf of Eul Sook
Lou and Seoung Deuk Chin, owners, is requesting approval of a Conditional Use Permit
(CUP) for Convenience Store Use within the Light Industrial (M-1) District, on
approximately 7.173 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 4th day of May 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
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provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 18th day of May 2026, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Harrison Baldwin of QT South, LLC, applicant, on behalf of Eul Sook Lou and Seoung
Deuk Chin, owners, is requesting approval of a Conditional Use Permit (CUP) for
Convenience Store Use within the Light Industrial (M-1) 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 Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) for
Convenience Store 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 a 7.173 acre tract of land, located in the H.T.&B.R.R.
Co. Survey, Abstract 232, and the R.B. Lyle Survey, Abstract 543, Brazoria
County, Texas, and being part of Lots 53, 54, and 59 of W. Zychlinsky’s
Subdivision as recorded in Volume 29, Page 43 of the Deed Records of Brazoria
County, and being the same property as described in deed recorded in Brazoria
County Clerk’s File 2019000600.
General Location: 4213 McHard Road, Pearland, Texas
Conditions:
1. Owner of PID 165736 shall grant a shared access easement across the property
to allow the owner of PID 567025 and 567023 access to McHard Road by crossing
Hickory Slough.
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2.The exterior building facades shall be developed in substantial conformance
with materials as depicted in façade renderings.
3.The columns supporting the fueling station canopy shall be wrapped with a
masonry material that is consistent with an architectural element of the principal
building.
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.
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PASSED, APPROVED, and ADOPTED on this day, the 18th day of May 2026.
________________________
QUENTIN WILTZ
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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Exhibit “A”
Legal Description
Being a 7.173 acre tract of land, located in the H.T.&B.R.R. Co. Survey, Abstract 232,
and the R.B. Lyle Survey, Abstract 543, Brazoria County, Texas, and being part of Lots
53, 54, and 59 of W. Zychlinsky’s Subdivision as recorded in Volume 29, Page 43 of the
Deed Records of Brazoria County, and being the same property as described in deed
recorded in Brazoria County Clerk’s File 2019000600.
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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
May 5, 2026
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2026-0161
Honorable Mayor and City Council Members:
At their regular meeting on May 4, 2026, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Harrison Baldwin of QT South, LLC, applicant, on behalf of
Eul Sook Lou and Seoung Deuk Chin, owners, for approval of a Conditional Use Permit
(CUP) for a Convenience Store use within the M-1 District, on approximately 7.173 acres
of land, to wit:
Legal Description: Being a 7.173 acre tract of land, located in the H.T.&B.R.R. Co.
Survey, Abstract 232, and the R.B. Lyle Survey, Abstract 543, Brazoria County, Texas,
and being part of Lots 53, 54, and 59 of W. Zychlinsky’s Subdivision as recorded in Volume
29, Page 43 of the Deed Records of Brazoria County, and being the same property as
described in deed recorded in Brazoria County Clerk’s File 2019000600.
General Location: 4213 McHard Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on May 4, 2026. Applicant made a presentation to the Commission on
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the proposed use. There was no public comment. The Commission discussed the proposed use,
how the location was determined, bicycle-friendly locations, experience at other gas stations run
by this company, and staff's conditions.
After discussion, the Commission made a motion to amend the request to include staff’s
conditions. Motion to amend passed 5-1.
Commission made a motion to recommend approval of the amended 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
Assistant Director of Planning, Community Development
On behalf of the Planning and Zoning Commission
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