Ord. CUP 17-00010 2017-07-24 Ordinance No. CUP 17-00010
An ordinance of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit (CUP) to allow for a Food Store/Supermarket
in the Neighborhood Services (NS) zoning district, Being a tract or parcel
containing 5.707 acres (248,578 square feet) of land situated in the H.T. &
B.R.R. Co. Survey, Section 17, Abstract Number 242, City of Pearland,
Brazoria County, Texas; being out and a portion of the called 9.1875 acre
tract conveyed to Mac Edison, LLC as described in deed recorded under
Brazoria County Clerk's File (B.C.C.F) Number (No.) 2012009629. (Located
at the southeast corner of Broadway and Tranquility Lakes Boulevard,
Pearland, TX.) Conditional Use Permit Application No CUP 17-00010, within
the Neighborhood Services (NS) zoning district, at the request of Brian Gills,
applicant, on behalf of David Felt, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Brian Gills, applicant, on behalf of David Felt, owner; is requesting
approval of a Conditional Use Permit (CUP) to allow for a Food Store/Supermarket use
on approximately 5.707 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 19th day of June 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 20th day of June 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 use on an
approximately 5.707 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 July 2017 and
the 24nd day of July 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 Brian Gills, applicant, on behalf of David Felt, owner; for approval of
a Conditional Use Permit on approximately 5.707 acres of land to allow for a Food
Store/Supermarket 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
Neighborhood Services (NS) zoning district, is hereby granted a Conditional Use Permit
(CUP) to allow for a Food Store/Supermarket uses, subject to all requirements of the
NS 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
Page 2 of 12
Ord. No CUP 17-00010
described as:
Legal Description: Being a tract or parcel containing 5.707 acres (248,578
square feet) of land situated in the H.T. & B.R.R. Co. Survey, Section 17,
Abstract Number 242, City of Pearland, Brazoria County, Texas; being out and a
portion of the called 9.1875 acre tract conveyed to Mac Edison, LLC as
described in deed recorded under Brazoria County Clerk's File (B.C.C.F) Number
(No.) 2012009629.
General Location: Southeast corner of Broadway and Tranquility Lakes
Boulevard, Pearland, TX.
Conditions of Approval:
1. The exterior lights shall be located so as to not produce direct illumination across
the bounding property line. All outside lights shall be comprised on a light source
and reflector selected so that acting together spillover is controlled and not
directed across any bounding property line above a height of three feet.
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.
Page 3 of 12
Ord. No CUP 17-00010
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 July,
2017.
TOM REID
MAYOR
ATTEST:
.� ..... off,
'UN i/ORFI e. Tft4 ;-'`‘ %\
7 ITY S CRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of July, 2017. c
-Th.)1/41-7 t-<-sd9
TOM REID
MAYOR
ATTEST:
Y NG G RI �.SE ETARY /\
APPROVED AS TO FORM:
c:\_)4,.,,—,- 01—'--
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 12
Ord. No CUP 17-00010
Exhibit A
Legal Description
Being a tract or parcel containing 5.707 acres (248,578 square feet) of land situated in
the H.T. & B.R.R. Co. Survey, Section 17, Abstract Number 242, City of Pearland,
Brazoria County, Texas; being out and a portion of the called 9.1875 acre tract
conveyed to Mac Edison, LLC as described in deed recorded under Brazoria County
Clerk's File (B.C.C.F) Number (No.) 2012009629.
Page 6 of 12
Ord. No CUP 17-00010
Exhibit B
Vicinity Map
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: Exhibit 1
1 +- AERIAL MAP
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Page 7 of 12
Ord. No CUP 17-00010
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday,May_31,2017
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:
17-00010
Notice is hereby given that on June 19, 2017, 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 Brian Gills, appli-
cant, on behalf of David Felt, owner; for approval of a Con-
ditional Use Permit (CUP) to allow for a Food
Store/Supermarket in the Neighborhood Services (NS) zon-
ing district; on approximately 5.707 acres of land, to wit:
Being a tract or parcel containing 5.707 acres (248,578
square feet) of land situated in the H.T. & B.R.R. Co. Sur-
vey, Section 17. Abstract Number 242, City of Pearland,
Brazoria County. Texas; being out and a portion of the
called 9.1875 acre tract conveyed to Mac Edison, LLC as
described in deed recorded under Brazoria County Clerk's
File (B.C.C.F) Number (No.) 2012009629
General Location: South-east corner of Broadway Street
and Tranquility Lakes Boulevard. 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
I
1 Page 8 of 12
Ord. No CUP 17-00010
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Ir441 A
5
Planning & Zoning Commission
Recommendation Letter
June 20, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00010
Honorable Mayor and City Council Members:
At their regular meeting on June 19, 2017, the Planning and Zoning Commission
considered the following:
A request of Brian Gills, applicant, on behalf of David Felt, owner; for approval of
a Conditional Use Permit (CUP) to allow for a Food Store/Supermarket in the
Neighborhood Services (NS) zoning district; on approximately 5.707 acres of
land.
Legal Description: Being a tract or parcel containing 5.707 acres (248,578
square feet) of land situated in the H.T. & B.R.R. Co. Survey, Section 17,
Abstract Number 242, City of Pearland, Brazoria County, Texas; being out and a
portion of the called 9.1875 acre tract conveyed to Mac Edison, LLC as
described in deed recorded under Brazoria County Clerk's File (B.C.C.F) Number
(No.) 2012009629.
General Location: Southeast corner of Broadway and Tranquility Lakes
Boulevard, Pearland, TX.
At the regular meeting of the P&Z Commission on June 19, 2017, P&Z Vice
Chairperson Thomas Duncan made a motion to recommend approval of Conditional
Use Permit Application No. CUP 17-00010 with Staff recommendations and P&Z
Page 9 of 12
Ord. No CUP 17-00010
Commissioner Mary Starr seconded the motion. Staffs recommendations were as
follow:
1. The site plan and proposed building height currently do not met the requirements
of the UDC. Staff recommends reducing the overall height of the building from
36'6" to 35' to met the maximum requirement of the zoning district or seek ZBA
approval.
2. The screening required by the Corridor Overlay District for the loading docks is
inadequately screened from Broadway Street; one 2" tree will not visually
suppress the view of those docks. The UDC requires increased screening for the
loading dock facing Broadway Street.
3. Additionally, the site plan does not propose any features to screen or limit views
from the commercial property onto the apartment complex. Prior to the first
reading revise the site plan to provide a 6' masonry wall along the rear property
line. Before construction begins, request and if granted permission from the
apartment complex remove the existing fence.
4. The exterior lights shall be located so as to not produce direct illumination across
the bounding property line. All outside lights shall be comprised on a light source
and reflector selected so that acting together spillover is controlled and not
directed across any bounding property line above a height of three feet.
5. The proposed location of the driveway on Broadway Street is proposed over a
large ditch and between two jersey barriers which has the potential to generate
both pedestrian and vehicular hazards. This location poses a danger to drivers
turning onto Broadway Street and would require approval from TXDOT and the
City Engineer. Staff recommends the applicant to continue discussions with
TXDOT and Engineering to revise the plan to address this concern. Any changes
to the site plan to relocate the driveway will need to be approved by the City
Engineer and will not require revisions to the CUP.
The motion was approved by a vote of 7-0. P&Z Chairperson Daniel Tunstall, Vice-
Chairperson Thomas Duncan, and Commissioners Ginger McFadden, Troy Pradia,
Derrell Isenberg, David Selsky, and Mary Starr voted in favor of the motion.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 12
Ord. No CUP 17-00010
Exhibit E
Site Plan and Attachments
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Ord. No CUP 17-00010
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Ord. No CUP 17-00010
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