Ord. CUP 16-00014 2017-02-13 FAILEDOrdinance No. CUP 16-00014
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) Permit to allow for a food
store/supermarket 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 16-00014,
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 30th day of January 2017, 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 31t" day of January 2017, 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 food store/supermarket and 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 13th day of February 2017
and the 27th day of February 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 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 food store/supermarket; 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 food store/supermarket, and the site plan and attachments 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
Page 2 of 12
Ord. No CUP 16-00014
and 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 12
Ord. No CUP 16-00014
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 13th day of
February, 2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of February, 2017.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 12
Ord. No CUP 16-00014
Ordinance No. CUP 16-00014
Exhibit "A"
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 12
Ord. No CUP 16-00014
Ordinance No. CUP 16-00014
Exhibit "6"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 16-00014
3200 Block of Main St
(SH 35)
OSubject Property
Thi. prWurt to I'cr mrwmatwml purpuov. and
nue oat have lx -ren prepared Go ar'he .arable
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PLANNING dKI\KT?IF:NT
Page 6 of 12
Ord. No CUP 16-00014
Ordinance No. CUP 16-00014
Exhibit "C"
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 16-00014
Notice is hereby given that on January 30, 2017. at 6:30
p.m.. the City Council and Planning and Zoning Commis-
sion 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. ap-
plicant, on behalf of Rafael Ortega, owner: for approval of a
Conditional Use Permit (CUP) to allow for a food
store/supermarket in the Light Industrial (M-1) zoning dis-
trict; on approximately L99294 acres of land. to wit:
All of that certain 1.99294 acre tract or parcel o1 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. & 8. Survey, Sec-
tion 1 according to the plat of same recorded in Volume 2.
Page 1 of the Plat Records of Brazoria County. Texas. saic
tract being that portion of the north one-half of Tract 123 ly-
ing West of State Highway No. 35 (a.k.a Main Street)
General Location: 3200 block of Main Street. south of
Swenson Road, on tho west side of Main Street. 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 12
Ord. No CUP 16-00014
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0000130401 CITY OF PEARLAND - PLANNING
Page 2
Houston Chronicle
!LDS
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 16-00014
Notice is hereby given that on January 30, 2017. at 6:30
p.m.. the City Council and Planning and Zoning Commis-
sion 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, ap-
plicant. on behalf of Rafael Ortega. owner; for approval of a
Conditional Use Permit (CUP) to allow for a food
store/supermarket in the Light Industrial (M-1) zoning dis-
trict; 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 Brazorla
County. Texas, being a portion of the North one-half of
tract 123 of the subdivision of the A.C.H. & B. Survey, Sec-
tion 1 according to the plat of same recorded in Volume 2,
Page 1 of the Plat Records of Brazoria County,Texas, saic
tract being that portion of the north one-half ofTract123 ly-
ing 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, 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
0000130401 CITY OF PEARLAND - PLANNING Page 1
Houston Chronicle
CL ASSIFIF DS
lits MEDIA
y GROUP
NIAIIIT
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 x45 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000130401
HC034270320
Date
Jan 11 2017
Jan 11 2017
Jan 11 2017
Jan 11 2017
Jan 11 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 17th Day of January A.D. 2017
�i
'�Lt�4Gt;L /41
Notary Public in and for the State of Texas
Ordinance No. CUP 16-00014
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
January 31, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 16-00014
Honorable Mayor and City Council Members:
At their regular meeting on January 30, 2017, 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 food store/supermarket 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 16-00014, 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 12
Ord. No CUP 16-00014
Commissioners Isenberg, Pradia, 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 12
Ord. No CUP 16-00014
Exhibit E
Site Plan and Attachments
!!!",:s"
Ordinance No. CUP 16-00014
Exhibit "E"
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Page 10 of 12
Ord. No CUP 16-00014
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Page 11 of 12
Ord. No CUP 16-00014
Page 12 of 12
Ord. No CUP 16-00014