Ord. CUP 17- 00008 2017-07-24 Ordinance No. CUP 17-00008
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Child Day Care Center, a
Gym/Health Club (Physical Fitness; Indoors Only), a Restaurant (With
No Drive-In or Drive-Thru Service), and a Studio or Learning Center for
Fine or Performing Arts in the Neighborhood Services (NS) zoning
district, Being a tract of land containing 3.795 acres, located in the H.T. &
B.R.R. Survey, Abstract-564, in Brazoria County, Texas; Said 3.795 acre
tract being out of Lot 56 of Section 80 as shown on the Allison Richey Gulf
Coast Home Company, Part of Suburban Gardens, a subdivision of record in
Volume 2, Page 98, of the Brazoria County Plat Records (B.C.P.R.), same
being out of a called 5.0002 acre tract of land recorded in the name of
Kirby/59 Partners, LP in Brazoria County Clerk's File (B.C.C.F.) Number
2007021066. (Located at 2645 County Road 59 (northwest corner of
Kirby Drive and CR 59), Pearland, TX.) Conditional Use Permit Application
No CUP 17-00008, within the Neighborhood Services (NS) zoning district, at
the request of Alan Mueller, applicant, on behalf of Kirby 59 Partners LP,
Owner, represented by Julio Lybrand, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Alan Mueller, applicant, on behalf of Kirby 59 Partners LP, Owner,
represented by Julio Lybrand; is requesting approval of a Conditional Use Permit (CUP)
to allow for a Child Day Care Center, a Gym/Health Club (Physical Fitness; Indoors
Only), a Restaurant (With No Drive-In or Drive-Thru Service), and a Studio or Learning
Center for Fine or Performing Arts uses on approximately 3.795 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 Child Day Care Center, a Gym/Health Club
(Physical Fitness; Indoors Only), a Restaurant (With No Drive-In or Drive-Thru Service),
and a Studio or Learning Center for Fine or Performing Arts uses on an approximately
3.795 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 Alan Mueller, applicant, on behalf of Kirby 59 Partners LP, Owner,
represented by Julio Lybrand; for approval of a Conditional Use Permit on
approximately 3.795 acres of land to allow for a Child Day Care Center, a Gym/Health
Club (Physical Fitness; Indoors Only), a Restaurant (With No Drive-In or Drive-Thru
Service), and a Studio or Learning Center for Fine or Performing Arts uses; presented
which, in the judgment of the City Council, would justify the approval of said application;
now, therefore,
Page 2 of 11
Ord. No CUP 17-00008
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 Child Day Care Center, a Gym/Health Club (Physical Fitness;
Indoors Only), a Restaurant (With No Drive-In or Drive-Thru Service), and a Studio or
Learning Center for Fine or Performing Arts 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
described as:
Legal Description: Being a tract of land containing 3.795 acres, located in the
H.T. & B.R.R. Survey, Abstract-564, in Brazoria County, Texas; Said 3.795 acre
tract being out of Lot 56 of Section 80 as shown on the Allison Richey Gulf Coast
Home Company, Part of Suburban Gardens, a subdivision of record in Volume 2,
Page 98, of the Brazoria County Plat Records (B.C.P.R.), same being out of a
called 5.0002 acre tract of land recorded in the name of Kirby/59 Partners, LP in
Brazoria County Clerk's File (B.C.C.F.) Number 2007021066.
General Location: 3320 E. Broadway Street, 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 of 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.
2. The developer shall contact each of the adjacent residential property owners in
writing to offer to remove their existing rear yard fence and provide connection of
their side yard fences to the developers masonry fence. This will be done at the
developers expense.
Page 3 of 11
Ord. No CUP 17-00008
3. If the adjacent residential property owners decline then the fence needs to be
developed in a way to reduce potential nuisances.
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.
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.
Page 4 of 11
Ord. No CUP 17-00008
?s
TOM REID
MAYOR
ATTEST:
G�iUNG iv" INCY C -� �� -
' ITY S~CRETARY - . .
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of July, 2017.
TOM REID
MAYOR
ATTEST:
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"*UN , 02-FIN ! ' C
ITY CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 11
Ord. No CUP 17-00008
Exhibit A
Legal Description
Being a tract of land containing 3.795 acres, located in the H.T. & B.R.R. Survey,
Abstract-564, in Brazoria County, Texas; Said 3.795 acre tract being out of Lot 56 of
Section 80 as shown on the Allison Richey Gulf Coast Home Company, Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 98, of the Brazoria
County Plat Records (B.C.P.R.), same being out of a called 5.0002 acre tract of land
recorded in the name of Kirby/59 Partners, LP in Brazoria County Clerk's File (B.C.C.F.)
Number 2007021066.
Page 6 of 11
Ord. No CUP 17-00008
Exhibit B
Vicinity Map
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Page 7 of 11
Ord. No CUP 17-00008
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:
17-00008
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 Alan Mueller. ap-
plicant, on behalf of Kirby 59 Partners LP. Owner. repre-
sented by Julio Lybrand; for approval of a Conditional Use
Permit (CUP) to allow for Child Day Care Center.
Gym/Health Club (Physical Fitness: Indoors Only). Restau-
rant (With No Drive-In or Drive-Thru Service), and Studio
or Learning Center for Fine or Performing Arts uses in the
Neighborhood Services (NS)zoning district; on approxi-
mately 3.795 acres of land, to wit:
Being a tract of land containing 3.795 acres, located in the
H.T. & B.R.R. Survey. Abstract-564. in Brazoria County,
Texas: Said 3.795 acre tract being out of Lot 56 of Section
80 as shown on the Allison Richey Gulf Coast Home Com-
pany, Part of Suburban Gardens, a subdivision of record in
Volume 2, Page 98. of the Brazoria County Plat Records
(B.C.P.R.). same being out of a called 5.0002 acre tract of
land recorded in the name of Kirby/59 Partners, LP in
Brazoria County Clerk's File (B.C.C.F.) Number
2007021066.
General Location: 2645 County Road 59, 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 8 of 11
Ord. No CUP 17-00008
Exhibit D
Planning and Zoning Commission Recommendation Letter
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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 17-00008
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 Alan Mueller, applicant, on behalf of Kirby 59 Partners LP, Owner,
represented by Julio Lybrand; for approval of a Conditional Use Permit (CUP) to
allow for a Child Day Care Center, a Gym/Health Club (Physical Fitness; Indoors
Only), a Restaurant (With No Drive-In or Drive-Thru Service), and a Studio or
Learning Center for Fine or Performing Arts in the Neighborhood Services (NS)
zoning district; on approximately 3.795 acres of land.
Legal Description: Being a tract of land containing 3.795 acres, located in the
H.T. & B.R.R. Survey, Abstract-564, in Brazoria County, Texas; Said 3.795 acre
tract being out of Lot 56 of Section 80 as shown on the Allison Richey Gulf Coast
Home Company, Part of Suburban Gardens, a subdivision of record in Volume 2,
Page 98, of the Brazoria County Plat Records (B.C.P.R.), same being out of a
called 5.0002 acre tract of land recorded in the name of Kirby/59 Partners, LP in
Brazoria County Clerk's File (B.C.C.F.) Number 2007021066.
General Location: Located at 2645 County Road 59 (northwest corner of Kirby
Drive and CR 59), Pearland, TX.
Page 9 of 11
Ord. No CUP 17-00008
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 17-00008 with Staff recommendations and P&Z
Commissioner Mary Starr seconded the motion.
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 of 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.
2. The developer shall contact each of the adjacent residential property owners in
writing to offer to remove their existing rear yard fence and provide connection of
their side yard fences to the developers masonry fence. This will be done at the
developers expense.
Deputy City Attorney, Lawrence Province, suggested that the commission add a third
condition as follow.
3. If the adjacent residential property owners decline then the fence needs to be
developed in a way to reduce potential nuisances.
The motion was amended to include the third recommendation and 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 11
Ord. No CUP 17-00008
Exhibit E
Site Plan and Attachments
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Page 11 of 11
Ord. No CUP 17-00008