Ord. CUP 17-00011 2017-08-31 Ordinance No. CUP 17-00011
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Dwelling — Four Family
(Quadriplex) in the Old Townsite Mixed Use (OT-MU) zoning district,
Lots Twenty-Two (22), Twenty-Three (23) and Twenty-Four (24), in Block
Thirty (30), Pearland Townsite, according to the map or plat thereof recorded
in Volume 29, Page 41 of the Deed Records of Brazoria County, Texas, less
and except all that certain 1,000 square feet out of Lots 23 and 24, Block 30,
Pearland Townsite according to the plat thereof files in Volume 29, Page 41
Brazoria County Plat Records, Pearland, Brazoria County, Texas and being
out of that certain tract as described in a deed dated 02-16-2006 from
Guadalupe Garcia, et ux to Maria M. Perez as filed in the Official Records of
Brazoria County a Clerk's File Number 2006010023. (Located at 2530 E.
Broadway Street, Pearland, TX) Conditional Use Permit Application No
CUP 17-00011, within the Old Townsite Mixed Use (OT-MU) zoning district,
at the request of William Lacombe, applicant/owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, William Lacombe, applicant/owner; is requesting approval of a
Conditional Use Permit (CUP) to allow for a Dwelling — Four Family (Quadriplex) use on
approximately 0.1922 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 17th day of July 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 18th day of July 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 Dwelling — Four Family (Quadriplex) on an
approximately 0.1922 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 14th day of August 2017
and the 28nd day of August 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 William Lacombe, applicant/owner; for approval of a Conditional
Use Permit on approximately 0.1922 acres of land to allow for a Dwelling — Four Family
(Quadriplex); 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 Old
Townsite Mixed Use (OT-MU) zoning district, is hereby granted a Conditional Use
Permit (CUP) to allow for a Dwelling — Four Family (Quadriplex), subject to all
requirements of the OT-MU 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
Page 2 of 12
Ord. No CUP 17-00011
approved by the City Council and incorporated for all purposes, such property being
more particularly described as:
Legal Description: Lots Twenty-Two (22), Twenty-Three (23) and Twenty-Four
(24), in Block Thirty (30), Pearland Townsite, according to the map or plat thereof
recorded in Volume 29, Page 41 of the Deed Records of Brazoria County, Texas,
less and except all that certain 1,000 square feet out of Lots 23 and 24, Block 30,
Pearland Townsite according to the plat thereof files in Volume 29, Page 41
Brazoria County Plat Records, Pearland, Brazoria County, Texas and being out
of that certain tract as described in a deed dated 02-16-2006 from Guadalupe
Garcia, et ux to Maria M. Perez as filed in the Official Records of Brazoria County
a Clerk's File Number 2006010023
General Location: 2543 and 2545 S. Texas Avenue, Pearland, TX
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
Page 3 of 12
Ord. No CUP 17-00011
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 14th day of August,
2017.
TOM REID
MAYOR
ATTEST:
NG RFING 4'
S RETARY .......
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 31st
day of August, 2017.
GYvt
TEAARED
MAYOR
ATTEST:
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��U FL•'FI RMC
ITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 12
Ord. No CUP 17-00011
Exhibit A
Legal Description
Lots Twenty-Two (22), Twenty-Three (23) and Twenty-Four (24), in Block Thirty (30),
Pearland Townsite, according to the map or plat thereof recorded in Volume 29, Page
41 of the Deed Records of Brazoria County, Texas, less and except all that certain
1,000 square feet out of Lots 23 and 24, Block 30, Pearland Townsite according to the
plat thereof files in Volume 29, Page 41 Brazoria County Plat Records, Pearland,
Brazoria County, Texas and being out of that certain tract as described in a deed dated
02-16-2006 from Guadalupe Garcia, et ux to Maria M. Perez as filed in the Official
Records of Brazoria County a Clerk's File Number 2006010023
Ord. No CUP 17-00011
Exhibit B
Vicinity Map
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Ord. No CUP 17-00011
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday, June 28, 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:
17-00011
Notice is hereby given that on July 17, 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
Training Room of the Public Safety Building located on
the second floor, located at 2555 Cullen Parkway,
Pearland, Texas, at the request of William Lacombe,
applicant/owner, for approval of a Conditional Use Permit
(CUP) to allow for a Dwelling - Four Family (Quadriplex)
in the Old Townsite Mixed Use (OT-MU) zoning district; on
approximately .1922 acres of land, to wit:
Lots Twenty-Two (22), Twenty-Three (23) and Twenty-Four
(24), in Block Thirty (30), Pearland Townsite, according
to the map or plat thereof recorded in Volume 29, Page
41 of the Deed Records of Brazoria County, Texas, less
and except all that certain 1,000 square feet out of Lots
23 and 24, Block 30. Pearland Townsite according to the
plat thereof files in Volume 29, Page 41 Brazoria County
Plat Records, Pearland, Brazoria County, Texas and being
out of that certain tract as described in a deed dated 02-
16-2006 from Guadalupe Garcia, et ux to Maria M. Perez
as filed in the Official Records of Brazoria County a Cler-
k's File Number 2006010023.
General Location: 2543 and 2545 S. Texas Avenue,
Pearland, TX.
At said hearing, all interested p arties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning De-
partment at 281-652-1765.
Martin Griggs
Senior Planner
Ord. No CUP 17-00011
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning Commission
Recommendation Letter
July 18, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00011
Honorable Mayor and City Council Members:
At their regular meeting on July 17, 2017, the Planning and Zoning Commission
considered the following:
A request of William Lacombe, applicant/owner, for approval of a Conditional Use
Permit (CUP) to allow for a Dwelling — Four Family (Quadriplex) in the Old
Townsite Mixed Use (OT-MU) zoning district; on approximately 0.1922 acres of
land.
Legal Description: Lots Twenty-Two (22), Twenty-Three (23) and Twenty-Four
(24), in Block Thirty (30), Pearland Townsite, according to the map or plat thereof
recorded in Volume 29, Page 41 of the Deed Records of Brazoria County, Texas,
less and except all that certain 1,000 square feet out of Lots 23 and 24, Block 30,
Pearland Townsite according to the plat thereof files in Volume 29, Page 41
Brazoria County Plat Records, Pearland, Brazoria County, Texas and being out
of that certain tract as described in a deed dated 02-16-2006 from Guadalupe
Garcia, et ux to Maria M. Perez as filed in the Official Records of Brazoria County
a Clerk's File Number 2006010023
General Location: 2543 and 2545 S. Texas Avenue, Pearland, TX.
P&Z Vice Chairperson Thomas Dunacan made a motion to recommend approval of
Ord. No CUP 17-00011
Conditional Use Application No. CUP 17-00011 and P&Z Commissioner Troy Pradia
seconded the motion. The motion to recommend approval passed by a vote of 6-0. P&Z
Chairperson Daniel Tunstall, P&Z Vice Chairperson Thomas Duncan, P&Z
Commissioners Mary Starr, David Selsky, Troy Pradia, and Derrell Isenberg voted in
favor of the request.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Ord. No CUP 17-00011
Exhibit E
Site Plan and Attachments
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