HomeMy WebLinkAboutR2025-CUP2025-0285-1 20260810RESOLUTION R2025- CUP2025-0285-1
A Resolution of the City Council of the City of Pearland, Texas, approving an
extension to R2025-CUP2025-0285 that allows for a Chemical
Packaging/Blending use within the Light Industrial (M-1) District, on
approximately 25.1041 acres of land, being a Replat of Commercial Reserve,
Block 1, minor plat of Packaging Service Company and 3.02 acres of land
situated in the H.T.& B.R.R, Abstract 543, Section 4 City of Pearland, Brazoria
County, Texas (located at 4902 Shank Road, Pearland, Texas).
WHEREAS, on the 22nd day of September 2025 by Resolution R2024-CUP2025-0285,
City Council approved a Conditional Use Permit;
WHEREAS, Conditional Use Permits expire if: (1) a building permit for the use has not
been approved within one year of the date of approval of the Conditional Use Permit; (2) the
building permit subsequently expires; (3) the use has been discontinued for a period exceeding
six months; or (4) a termination date attached to the permit has passed;
WHEREAS, CUP2025-0285 expires on the 22nd day of September 2026, because a
building permit for the use has not been approved within one year of the date of approval of the
Resolution for the Conditional Use Permit;
WHEREAS, Ed Baldwin, applicant, on behalf on behalf of Jean-Pierre Baizan, owner, has
submitted an application to extend the Conditional Use Permit and in the judgment of City Council
the request for extension should be granted, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The previously issued Conditional Use Permit for 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 extended to an expiration date of
September 22nd, 2027:
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Legal Description: A subdivision of 25.1041 Acres of Land being a Replat
of Commercial Reserve, Block 1, minor plat of Packaging Service Company
and 3.02 acres of land situated in the H.T.& B.R.R, Abstract 543, Section 4
City of Pearland, Brazoria County, Texas.
General Location: 4902 Shank Road, Pearland, Texas.
Conditions: 1. No outdoor storage, including that of trucks, and/or trailers be
within the first 75' fronting the previous 4902 Shank Road Parcel (3.02 acres of
land situated in the H.T.& B.R.R, Abstract 543, Section 4 City of Pearland, Brazoria
County, Texas). This 75’ storage restriction does not apply to the existing
SolvChem property (22.08 acres) running east along Shank to Mykawa Road. Any
existing outdoor storage of trucks and trailers within the first 75’ of the front property
line on the lot previous 4902 Shank Road Parcel shall be removed and adequate
screening be provided along Shank Road and the west property line in accordance
with UDC requirements.
2. The area within the 75' of the property, as identified in Condition #1, may be
developed with landscaping, parking, retention/detention, or building; however, the
minimum setback for all off-street parking, maneuvering and loading areas from
the right-of-way line of the roadway shall be thirty feet (30'). A minimum of fifteen
percent (15%) of the required setback area shall consist of landscaped open areas
with a permeable surface.
3. The Oak Trees (3) at 4902 Shank Road shall be protected during development
and remain on the property. If any of the three trees die in the future, a new Oak
tree with a minimum 4" caliper shall be planted in the same general area.
4. An 8’ tall landscape screen of ornamental trees with chain link fence inside the
vegetation line be provided adjacent to the residential property to the west and
along the southern property line adjacent to the Horseshoe Bend plat properties.
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 City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
extension of the CUP 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
Ordinance is for any reason held invalid or unconstitutional by any court of competent
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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 the 10th day of August 2026.
________________________
QUENTIN WILTZ
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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