Ord. CUP 16-00008 2016-11-14 FAILEDP4 it.
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Ordinance No. CUP 16-00008
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) Permit to allow for a grocery store and
general retail in the Light Industrial (M-1) zoning district, all of that
certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey,
Section 1, Abstract No. 147 in Brazoria County, Texas, being a portion of the
North one-half of tract 123 of the subdivision of the A.C.H. & B. Survey,
Section 1 according to the plat of same recorded in Volume 2, Page 1 of the
Plat Records of Brazoria County, Texas, said tract being that portion of the
north one-half of Tract 123 lying West of State Highway No. 35 (a.k.a Main
Street) (3200 block of Main Street, south of Swensen Road, on the west
side of Main Street.) Conditional Use Permit Application No CUP 16-00008,
within the Light Industrial (M-1), at the request of Jose Urioste, applicant, on
behalf of Rafael Ortega, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, of Jose Urioste. applicant, on behalf of Rafael Ortega, owner; is
requesting approval of a Conditional Use Permit (CUP) to allow for a grocery store and
general retail use on approximately 1.99294 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 17th day of October 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 181x1 day of October 2016, the Planning and Zoning
FA SLED
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit (CUP) to allow for a grocery store and general retail
use on approximately 1.99294 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 14th day of November
2016 and the 28th day of November 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 Jose Urioste, applicant, on behalf of Rafael Ortega, owner; for
approval of a Conditional Use Permit (CUP) on an approximately 1.99294 acres of land
to allow for a grocery store and general retail 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 Light
Industrial (M-1) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a grocery store and general retail use, and the site plan attached hereto and
made a part hereof for all purposes as Exhibit "E", subject to all requirements of the M-1
zoning district, in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
Page 2 of 10
Ord. No CUP 16-00008
FA/LE
D
incorporated for all purposes, such property being more particularly described as:
Legal Description: All of that certain 1.99294 acre tract or parcel of land in the
A.C.H. & B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas,
being a portion of the North one-half of tract 123 of the subdivision of the A.C.H.
& B. Survey, Section 1 according to the plat of same recorded in Volume 2,
Page 1 of the Plat Records of Brazoria County, Texas, said tract being that
portion of the north one-half of Tract 123 lying West of State Highway No. 35
(a.k.a Main Street)
General Location: 3200 block of Main Street, south of Swensen Road, on the
west side of Main Street.
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
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.
Page 3 of 10
Ord. No CUP 16-00008
FADED
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 141' day of
November, 2016.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28"
day of November, 2016.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 10
Ord. No CUP 16-00008
Exhibit A
Legal Description
All of that certain 1.99294 acre tract or parcel of land in the A.C.H. & B. Survey, Section
1, Abstract No. 147 in Brazoria County, Texas, being a portion of the North one-half of
tract 123 of the subdivision of the A.C.H. & B. Survey, Section 1 according to the plat of
same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County, Texas, said
tract being that portion of the north one-half of Tract 123 lying West of State Highway
No. 35 (a.k.a Main Street)
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Page 5 of 10
Ord. No CUP 16-00008
Exhibit B
Vicinity Map
Exhibit 1
AERIAI. MAP
CUP 16-00008
3200 Block of
Main St (S11 35)
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Page 6 of 10
Ord. No CUP 16-00008
Ordinance No. CUP 16-00008
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 App. No. CUP 16-00008,
a true copy of which is hereto annexed was published in said newspapers in its issue(s) of
September 28, 2016.
Sworn to and subscribed before me this / < "
Notary PubliE
My commission expires on
day of t N 46.6_, 2016.
"`a
MARILYN ZARAI
Notary Mdblit, It0t@ of Timor
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My Commieeien hxpit.s
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40pf0Mba107 2011
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Lege Notices
Legal Notices
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
18-00008
Notice is hereby given that on October 17, 2016. at 6:30 p.m.,
the City Council and Planning and Zoning Commission of the Clty
of Pearland. In Brazoria, Harris and Fort Bend Counties, Texas,
will conduct a joint public hearing in the Council Chambers of Clty
Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request
of Jose Urioste, applicant, on behalf of Rafael Ortega. owner; for
approval of a Conditional Use Permit to allow for a grocery store
and general retail in the Light Industrial (M-1) zoning district; on
approximately 1.99294 acres of land. to wit:
All of that certain 1.99294 acre tract or parcel of land in the A.C.H.
8 B. Survey. Section 1. Abstract No. 147 in Brazoria County,
Texas. being a portion of the North one-half of tract 123 of the
subdivision of the A.C.H. 8 B. Survey, Section 1 according to the
plat of same recorded in Volume 2, Page 1 of the Plat Records o1
Brazoria County. Texas. said tract being that portion of the north
one-naf o1 Tract 123 lying West of Slate Highway No. 35 (a.k.a
Main Street)
General Location: 3200 biock of Main Street, south of Swensen
Road, on the west side of Man Street.
At sad hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For addi-
tional information, please contact the Planning Department at
281-652.1765.
Martin Griggs
Senior 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
16-00008
Notice is hereby given that on October 17, 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 Jose Urioste, applicant, on behalf of Rafael Ortega, owner; for
approval of a Conditional Use Permit to allow for a grocery store
and general retail in the Light Industrial (M-1) zoning district; on
approximately 1.99294 acres of land, to wit:
All of that certain 1.99294 acre tract or parcel of land in the A.C.H.
& B. Survey, Section 1, Abstract No. 147 in Brazoria County,
Texas, being a portion of the North one-half of tract 123 of the
subdivision of the A.C.H. & B. Survey, Section 1 according to the
plat of same recorded in Volume 2, Page 1 of the Plat Records of
Brazoria County, Texas, said tract being that portion of the north
one-half of Tract 123 lying West of State Highway No. 35 (a.k.a
Main Street)
General Location: 3200 block of Main Street, south of Swensen
Road, on the west side of Main Street.
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For addi-
tional information, please contact the Planning Department at
281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 10
Ord. No CUP 16-00008
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
October 18, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 16-00008
Honorable Mayor and City Council Members:
At their regular meeting on October 17, 2016, the Planning and Zoning Commission
considered the following:
A request of Jose Urioste, applicant, on behalf of Rafael Ortega, owner; for
approval of a Conditional Use Permit to allow for a grocery store and general
retail in the Light Industrial (M-1) zoning district; on approximately 1.99294 acres
of land, to wit:
Legal Description: All of that certain 1.99294 acre tract or parcel of land in the
A.C.H. & B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas,
being a portion of the North one-half of tract 123 of the subdivision of the A.C.H.
& B. Survey, Section 1 according to the plat of same recorded in Volume 2,
Page 1 of the Plat Records of Brazoria County, Texas, said tract being that
portion of the north one-half of Tract 123 lying West of State Highway No. 35
(a.k.a Main Street)
General Location: 3200 block of Main Street, south of Swensen Road, on the
west side of Main Street.
Vice -Chairperson Duncan made a motion to recommend approval of Conditional Use
Application No. CUP 16-00008, P&Z Commissioner McFadden seconded the motion.
The motion failed by a vote of 0-6. Chairperson Tunstall, Vice -Chairperson Duncan, and
Page 8 of 10
Ord. No CUP 16-00008
Commissioners Isenberg, Selsky, McFadden, and Starr all voted in opposition of the
motion.
Sincerely,
'//
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 16-00008
Exhibit E
Site Plan and Attachments
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Page 10 of 10
Ord. No CUP 16-00008