Ord. CUP 16-00010 2016-12-19Ordinance No. CUP 16-00010
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) Permit to allow for a metal, machine, or
wood shop and building material sales in the Garden/O'Day-Mixed Use
(G/O-MU) zoning district, Being a tract of land containing 0.63 acres
(27,500 square feet) and being known as Lot 9, Block 3 of Hickory Creek
Subdivision as recorded in Volume 11, Page 1 of the Brazoria County Map
Records. (Located at 2106 O'Day Road, Pearland, TX.) Conditional Use
Permit Application No CUP 16-00010, within the Garden/O'Day-Mixed Use
(G/O-MU) zoning district, at the request of Jay Dorsey, applicant, on behalf
of Trajan Properties, LLC., owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Jay Dorsey, applicant, on behalf of Trajan Properties, LLC., owner;
is requesting approval of a Conditional Use Permit (CUP) to allow for a metal, machine.
or wood shop and building material sales use on approximately 0.63 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 21st day of November 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 22nd day of November 2016, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit (CUP) to allow for a metal, machine, or wood shop
and building material sales use on approximately 0.63 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 12th day of December
2016 and the 19th day of December 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 Jay Dorsey, applicant, on behalf of Trajan Properties, LLC.; for
approval of a Conditional Use Permit (CUP) on an approximately 0.63 acres of land to
allow for a metal, machine, or wood shop and building material sales 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) to allow for a metal, machine, or wood shop and building material sales
use, and the site plan attached hereto and made a part hereof for all purposes as
Exhibit "E", subject to all requirements of the G/O-MU 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 incorporated for all purposes,
Page 2 of 11
Ord. No CUP 16-00010
such property being more particularly described as:
Legal Description: Being a tract of land containing 0.63 acres (27,500 square
feet) and being known as Lot 9, Block 3 of Hickory Creek Subdivision as
recorded in Volume 11, Page 1 of the Brazoria County Map Records.
General Location: 2106 O'Day Road, Pearland, TX.
Conditions:
1. In addition to the improvements shown on the attached Exhibit E, all other
applicable requirements of the UDC shall be met.
2. Exempt the Unified Development Code requirement for facade material
conformance.
Section 11. 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 111. 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
Page 3 of 11
Ord. No CUP 16-00010
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 and APPROVED ON FIRST READING this the 12th day of December, A.D.,
2016.
TOM REID
MAYOR
ATTEST:
0011111//
PASSED and APPROVED ON SECOND AND FINAL READING this the 19"' day of
December, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
`% 11111/1,4,
TOM REID
MAYOR
Page 4 of 11
Ord. No. CUP 16-00010
Exhibit A
Legal Description
Being a tract of land containing 0.63 acres (27,500 square feet) and being known as Lot
9, Block 3 of Hickory Creek Subdivision as recorded in Volume 11, Page 1 of the
Brazoria County Map Records.
Page 5 of 11
Ord. No CUP 16-00010
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 16-00010
2106 O'Day Road
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1 inch = 93 feet
OCTOSE It :01C
MANNINO DIIPARTalENT
Page 6 of 11
Ord. No CUP 16-00010
0000124637 CITY OF PEARLAND - PLANNING
Page 1
Houston Chronicle
CLASSIFIEDS
h�'n MEDIA
� GROUP
Ht. AR ST
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Ordinance No. CUP 16-00010
Exhibit "C"
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas, and generally circulated in the Counties of. HARRIS, TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY. AUSTIN,
WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON. and MATAGORDA and that the publication, of which the annexed herein. or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x3.75 I (7.501)
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000124637 HC034270320
Date
Nov 02 2016
Nov 02 2016
Nov 02 2016
Nov 02 2016
Nov 02 2016
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
'tt,( 62/{.- /
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 2nd Day of November A.D. 2016
C�rc��t GLS I 1 L t:/16 76'
Notary Public in and for the State of Texas
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 16-00010
Notice is hereby given that on November 21, 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 Jay
Dorsey, applicant, on behalf of Trajan Properties, LLC., owner: for
approval of a Conditional Use Permit to allow for a metal, machine, or
wood shop and building material sales in the Garden/O'Day-Mixed Use
(G/O-MU) zoning district; on approximately 0.63 acres of land, to wit:
Being a tract of land containing 0.63 acres (27,500 square feet)
and being known as Lot 9, Block 3 of Hickory Creek Subdivision as
recorded in Volume 11, Page 1 of the Brazoria County Map Records.
General Location: 2106 O'Day 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.
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 16-00010
Notice is hereby given that on November 21, 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 Jay
Dorsey, applicant, on behalf of Trajan Properties, LLC., owner; for
approval of a Conditional Use Permit to allow for a metal, machine, or
wood shop and building material sales in the Garden/O'Day-Mixed Use
(G/O-MU) zoning district; on approximately 0.63 acres of land, to wit:
Being a tract of land containing 0.63 acres (27,500 square feet)
and being known as Lot 9, Block 3 of Hickory Creek Subdivision as
recorded in Volume 11, Page 1 of the Brazoria County Map Records.
General Location: 2106 O'Day 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.
Martin Griggs
Senior Planner
Page 7 of 11
Ord. No CUP 16-00010
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
November 22, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 16-00010
Honorable Mayor and City Council Members:
At their regular meeting on November 21, 2016, the Planning and Zoning Commission
considered the following:
A request of Jay Dorsey, applicant, on behalf of Trajan Properties, LLC., owner;
for approval of a Conditional Use Permit to allow for a metal, machine, or wood
shop and building material sales in the Garden/O'Day-Mixed Use (G/O-MU)
zoning district; on approximately 0.63 acres of land.
Legal Description: Being a tract of land containing 0.63 acres (27,500 square
feet) and being known as Lot 9, Block 3 of Hickory Creek Subdivision as
recorded in Volume 11, Page 1 of the Brazoria County Map Records.
General Location: 2106 O'Day Road, Pearland, TX.
P&Z Commissioner Mary Starr made a motion to recommend approval and P&Z
Commissioner Derrell Isenberg seconded the motion. P&Z Commissioner Mary Starr
made the motion to amend the original motion to include the following conditions:
1. Add a note on the site plan that no outside storage in the 30' buffer along the
western property line, abutting residential.
Page 8 of 11
Ord. No CUP 16-00010
2. All applicable requirements of the UDC shall be met. Prior to First Reading, a
revised site plan is required which illustrates all the conditions.
3. Exempt the requirement for facade.
P&Z Commissioner Derrell Isenberg seconded the motion. The motion passed 5-0.
Sincerely,
/TA
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 11
Ord. No CUP 16-00010
Exhibit E
Site Plan and Attachments
LOT6
WOOD PEKOE
LOT 4
NORTH 125.00'
30' EXISTING -
LANDSCAPE
BUFFER TO
REMAIN AS IS (NO
PARKING)
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bOlti it.A ,...+:... m
liti*Clearilleor 110
4p4dps 1,1 AAA;
••..-,• • •• !* �5
2,500 SF
STORAGE
Va. JTO Y
METAL BUILD.NC
F.F.=51.95
W000 FENCE
`-_
6' WIDE
LANDSCAPE
STRIP
ASPHALT ORNE
5'
500 SF FAB
6'WIDE -
LANDSCAPE
STRIP
no 5/r
DECORATIVE FENCING -
7.1
1..gs
SWIG! •
125.00'. •
RCP nisag
'
• NEW CONCRETE APPROACH'
gip '
a '
20' DRAINAGE EASEI/ENT
(PER PLA*)
nuaI# as
O'DAY ROAD (a. k. a - Co. Rd. 558)
(00 R.O W.I
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IPPIVI ! Pit I �k`tT2
Page 10 of 11
Ord. No CUP 16-00010