Ord. CUP 16-00005 2016-10-24Ordinance No. CUP 16-00005
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for exemption to the facade requirements
for an existing structure and to allow a Light Manufacturing Process in
the Garden/O'Day-Mixed Use (G/O-MU) zoning district, Being a tract of
land containing 0.5682 acres (24,750 square feet), situated in the H.T. &
B.B. CO. Survey, Abstract 219, Brazoria County, Texas, being part of Lot 6
and 7 in Block 6, of Hickory Creek Place a subdivision recorded in Volume
11, Page 1 of the Plat Records of Brazoria County, Texas, being all of a
Tract conveyed unto Martin Paper Co. by deed recorded under County
Clerk's File No. 1995014570 of the Official Records of Brazoria County,
Texas. (Located at 2125 Garden, Pearland, TX.) Conditional Use Permit
Application No CUP 16-00005, within the Garden/O'Day-Mixed Use (G/O-
MU) zoning district. at the request of Kevin Duc Nguyen, applicant, on behalf
of Bao Le, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Kevin Duc Nguyen, applicant, on behalf of Bao Le, owner; is
requesting approval of a Conditional Use Permit (CUP) for exemption to the facade
requirements for an existing structure and to allow a Light Manufacturing Process use
on an approximately 0.5682 acres of land on the following described property; 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 26' day of September 2016, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication 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, on the 27"' day of September 2016, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit (CUP) for exemption to the facade requirements for
an existing structure and to allow a Light Manufacturing Process use on an
approximately 0.5682 acres of land, said recommendation attached hereto and made a
part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 10th day of October 2016
and the 24th day of October 2016; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Kevin Duc Nguyen, applicant, on behalf of Bao Le, owner; for
approval of a Conditional Use Permit on approximately 0.5682 acres of land for
exemption to the facade requirements for an existing structure and to allow a Light
Manufacturing Process use; presented which, in the judgment of the City Council, would
justify the approval of said application; now, therefore,
BE IT ORDAINED 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
Garden/O'Day-Mixed Use (G/O-MU) zoning district, is hereby granted a Conditional Use
Permit (CUP) for exemption to the facade requirements for an existing structure and to
allow a Light Manufacturing Process use, subject to all requirements of the G/O-MU
Page 2 of 10
Ord. No CUP 16-00005
zoning district, and the site plan attached hereto and made a part hereof for all
purposes as Exhibit "E", in accordance with all conditions and requirements of the
current Unified Development Code and the following conditions approved by the City
Council and incorporated for all purposes, such property being more particularly
described as:
Legal Description: Being a tract of land containing 0.5682 acres (24,750 square
feet), situated in the H.T. & B.B. CO. Survey, Abstract 219, Brazoria County,
Texas, being part of Lot 6 and 7 in Block 6, of Hickory Creek Place a subdivision
recorded in Volume 11, Page 1 of the Plat Records of Brazoria County, Texas,
being all of a Tract conveyed unto Martin Paper Co. by deed recorded under
County Clerk's File No. 1995014570 of the Official Records of Brazoria County,
Texas.
General Location: 2125 Garden, Pearland, TX.
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 for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment 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 Ordinance 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
Page 3 of 10
Ord. No CUP 16-00005
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
October, 2016.
ATTEST:
TOM REID
MAYOR
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of October, 2016.
TOM REID
MAYOR
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Page 4 of 10
Ord. No CUP 16-00005
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No CUP 16-00005
ORD. NO. CUP 16-00005
Exhibit "A"
Exhibit A
Legal Description
Being a tract of land containing 0.5682 acres (24,750 square feet), situated in the H.T. &
B.B. CO. Survey, Abstract 219, Brazoria County, Texas, being part of Lot 6 and 7 in
Block 6, of Hickory Creek Place a subdivision recorded in Volume 11, Page 1 of the Plat
Records of Brazoria County, Texas, being all of a Tract conveyed unto Martin Paper Co.
by deed recorded under County Clerk's File No. 1995014570 of the Official Records of
Brazoria County, Texas.
Page 6 of 10
Ord. No CUP 16-00005
ORD. NO. CUP 16-00005
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 16-00005
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Page 7 of 10
Ord. No CUP 16-00005
ORD. NO. CUP 16-00005
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, CUP No. Zone 16-00005
Garden Rd. ,a true copy of which is hereto annexed was published in said newspapers in its
issue(s) of September 07, 2016.
Sworn to and subscribed before me this %4a"1
biri,e /)
Notary Public
My commission expires on
Publisher's Representative
day of (41 466 {' 2016.
""'' MARILYN ZARATE
-A Notary Public. State or texas
My Commieeibn EKP'r A
Soptembor 07, 201 b
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00005
Notice is hereby given that on September 26, 2016, at 6:30 p.m., the City
Council and Planning and Zoning Commission of the City of Pearland, in
Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public
hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive,
Pearland, Texas, at the request of Kevin Duc Nguyen, applicant, on behalf
of Bao Le, owner; for approval of a Conditional Use Permit for exemption
to the facade requirements for an existing structure and to allow a Light
Manufacturing Process in the Garden/O'Day-Mixed Use (G/O-MU) zoning
district; on approximately 0.5682 acres of land, to wit:
Being a tract of land containing 0.5682 acres (24,750 square feet), situated
in the H.T. & B.B. CO. Survey, Abstract 219, Brazoria County, Texas, being
part of Lot 6 and 7 in Block 6. of Hickory Creek Place a subdivision recorded
in Volume 11, Page 1 of the Plat Records of Brazoria County, Texas, being
all of a Tract conveyed unto Martin Paper Co. by deed recorded under
County Clerk's File No. 1995014570 of the Official Records of Brazoria
County, Texas.
General Location: 2125 Garden Road, Pearland, TX.
At said hearing, all interested parties shall have the right and opportunity
to appear and be heard on the subject. For additional information, please
contact the Planning Department at 281-652-1765.
Frankie Legaux
City Planner
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00005
Notice is hereby given that on September 26, 2016, at 6:30 p.m., the City
Council and Planning and Zoning Commission of the City of Pearland, in
Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public
hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive.
Pearland, Texas, at the request of Kevin Duc Nguyen, applicant, on behalf
of Bao Le, owner; for approval of a Conditional Use Permit for exemption
10 the facade requirements for an existing structure and to allow a Light
Manufacturing Process in the Garden/O'Day-Mixed Use (GIO-MU) zoning
district; on approximately 0.5682 acres of land, to wit:
Being a tract of land containing 0.5682 acres (24,750 square feet), situated
in the H.T. & B.B. CO. Survey, Abstract 219, Brazoria County, Texas, being
part of Lot 6 and 7 in Block 6, of Hickory Creek Place a subdivision recorded
in Volume 11. Page 1 of the Plat Records of Brazoria County, Texas, being
all of a Tract conveyed unto Martin Paper Co. by deed recorded under
County Clerk's File No. 1995014570 of the Official Records of Brazoria
County, Texas.
General Location: 2125 Garden Road, Pearland, TX.
At said hearing, all interested parties shall have the right and opportunity
to appear and be heard on the subject. For additional information, please
contact the Planning Department at 281-652-1765.
Frankie Legaux
City Planner
Page 8 of 10
Ord. No CUP 16-00005
ORD. NO. CUP 16-00005
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
September 27, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 16-00005
Honorable Mayor and City Council Members:
At their regular meeting on September 26, 2016, the Planning and Zoning Commission considered the
following:
A request of Kevin Duc Nguyen, applicant, on behalf of Bao Le, owner; for approval of a
Conditional Use Permit for exemption to the facade requirements for an existing structure and to
allow a Light Manufacturing Process in the Garden/O'Day-Mixed Use (G/O-MU) zoning district;
on approximately 0.5682 acres of land.
Legal Description: Being a tract of land containing 0.5682 acres (24,750 square feet), situated in
the H.T. & B.B. CO. Survey, Abstract 219, Brazoria County, Texas, being part of Lot 6 and 7 in
Block 6, of Hickory Creek Place a subdivision recorded in Volume 11, Page 1 of the Plat Records
of Brazoria County, Texas, being all of a Tract conveyed unto Martin Paper Co. by deed recorded
under County Clerk's File No. 1995014570 of the Official Records of Brazoria County, Texas.
General Location: 2125 Garden Road, Pearland, TX.
Commissioner Starr made a motion to recommend approval of the CUP request; the motion was
seconded by Vice -Chairperson Duncan. The motion was approved by a vote of 5-0. Chairperson
Tunstall, Vice -Chairperson Duncan, and Commissioners Isenberg, Pradia, and Starr all voted in favor of
the motion.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 16-00005
ORD. NO. CUP 16-00005
Exhibit "E"
Exhibit E
Site Plan and Attachments
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Ord. No CUP 16-00005