Ord. CUP 16-00009 2017-01-23Ordinance No. CUP 16-00009
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) Permit to allow for tool and machinery
rental with outdoor storage in the General Commercial (GC) zoning
district, being 4.694 acres (204,491 square feet) of land situated in the
northeast one-quarter of Section 17, H. T. & B. RR Co. Survey, Abstract No.
242, Brazoria County, Texas, and being a part of the land described in Vol.
103, Page 156 and also part of the land described in Vol. 233, Page 452 of
the Deed Records of Brazoria County, Texas. (Located at 2932 Manvel
Road, Pearland, TX.) Conditional Use Permit Application No. CUP 16-
00009, within the General Commercial (GC) zoning district, at the request of
Arne Pepin, applicant/owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Arne Pepin, applicant/owner; is requesting approval of a Conditional
Use Permit (CUP) to allow for a tool and machinery rental with outdoor storage use on
approximately 4.694 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 tool and machinery rental with
outdoor storage use on approximately 4.694 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 9th day of January 2017
and the 23rd day of January 2017; 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 Arne Pepin, applicant/owner; for approval of a Conditional Use
Permit (CUP) on an approximately 4.694 acres of land to allow for a tool and machinery
rental with outdoor storage 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 General
Commercial (GC) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a tool and machinery rental with outdoor storage use, and the site plan
attached hereto and made a part hereof for all purposes as Exhibit "E", subject to all
requirements of the GC 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, such property being
more particularly described as:
Page 2 of 11
Ord. No CUP 16-00009
Legal Description: Being 4.694 acres (204,491 square feet) of land situated in
the northeast one-quarter of Section 17, H. T. & B. RR Co. Survey, Abstract No.
242, Brazoria County, Texas, and being a part of the land described in Vol. 103,
Page 156 and also part of the land described in Vol. 233, Page 452 of the Deed
Records of Brazoria County, Texas.
General Location: 2932 Manvel Road, Pearland, TX.
Conditions:
1. Driveway must meet TxDOT turning radius per specifications.
2. Site is limited to two parking spaces for trailers.
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
Page 3 of 11
Ord. No CUP 16-00009
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 9th day of January,
2017.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of January, 2017.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Cly+
TOM REID
MAYOR
Page 4of11
Ord. No CUP 16-00009
Page 5of11
Ord. No CUP 16-00009
Exhibit A
Legal Description
Being 4.694 acres (204,491 square feet) of land situated in the northeast one-quarter of
Section 17, H. T. & B. RR Co. Survey, Abstract No. 242, Brazoria County, Texas, and
being a part of the land described in Vol. 103, Page 156 and also part of the land
described in Vol. 233, Page 452 of the Deed Records of Brazoria County, Texas.
Page 6 of 11
Ord. No CUP 16-00009
Exhibit B
Vicinity Map
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AERIAL MAP
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OCTOBCPI :o16
PLANNINO DEPARTMENT
Page 7 of 11
Ord. No CUP 16-00009
0000124647 CITY OF PEARLAND - PLANNING
Page 1
Houston Chronicle
CLASSIFIEDS
Hip MEDIA
ima GROUP
N l! R 5 T
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
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 x4.00 1 (8.001)
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000124647 HC034270320
Date
Nov 02 2016
Nov 022016
Nov 02 2016
Nov 02 2016
Nov 02 2016
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
( 6e -71_6e
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 2nd Day of November A.D. 2016
114.
jV tate of Texas
otary Public in nd for the
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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 16-00009
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 Arne
Pepin, applicant/owner; for approval of a Conditional Use Permit to
allow for a tool and machinery rental with outdoor storage in the
General Commercial (GC) zoning district; on approximately 4.694
acres of land, to wit:
Being 4.694 acres (9204491 square feet) of land situated in the
northeast one-quarter of Section 17, H. T. & B. RR Co. Survey,
Abstract No. 242, Brazoria County, Texas, and being a part of the land
described in Vol. 103, Page 156 and also part of the land described
in Vol. 233, Page 452 of the Deed Records of Brazoria County, Texas
General Location: 2932 Manvel 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 16-00009
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 Arne
Pepin, applicant/owner; for approval of a Conditional Use Permit to
allow for a tool and machinery rental with outdoor storage in the
General Commercial (GC) zoning district; on approximately 4.694
acres of land, to wit:
Being 4.694 acres (9204491 square feet) of land situated in the
northeast one-quarter of Section 17, H. T. & B. RR Co. Survey
Abstract No. 242, Brazoria County, Texas, and being a part of the land
described in Vol. 103, Page 156 and also part of the land described
in Vol. 233, Page 452 of the Deed Records of Brazoria County, Texas
General Location: 2932 Manvel 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 8 of 11
Ord. No CUP 16-00009
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 16-00009
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 Arne Pepin, applicant/owner; for approval of a Conditional Use
Permit to allow for a tool and machinery rental with outdoor storage in the
General Commercial (GC) zoning district; on approximately 4.694 acres of land.
Legal Description: Being 4.694 acres (204,491 square feet) of land situated in
the northeast one-quarter of Section 17, H. T. & B. RR Co. Survey, Abstract No.
242, Brazoria County, Texas, and being a part of the land described in Vol. 103,
Page 156 and also part of the land described in Vol. 233, Page 452 of the Deed
Records of Brazoria County, Texas.
General Location: 2932 Manvel Road, Pearland, TX.
P&Z Commissioner Mary Starr made a motion to recommend approval of Conditional
Use Permit Application No. CUP 16-00009 and P&Z Commissioner Derrell Isenberg
seconded the motion. P&Z Commissioner Mary Starr made another motion to amend
the original motion to recommend approval of Conditional Use Permit Application No.
CUP 16-00009 to include the following conditions:
Page 9 of 11
Ord. No CUP 16-00009
1. Existing track lighting to be removed.
2. Existing barbed wire fence to be replaced with a fence that meets the UDC.
3. All other conditions of the UDC be met.
4. Parking lot limited to two spaces.
5. Ensure turning radius is up to TxDOT specifications.
6. Existing fence needs to meet UDC requirements.
7. Additional landscaping along the northern side of the driveway.
P&Z Commissioner Derrell Isenberg seconded the motion. The motion to amend the
original motion to include the listed conditions passed 5-0. The motion to recommend
approval of the request with conditions passed 5-0.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 11
Ord. No CUP 16-00009
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