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Ord. CUP 17- 00002 2017-09-25 Ordinance No. CUP 17-00002 An ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Gasoline Station in the General Business (GB), Being 2.0537 acres of land situated in the A.C.H.&B. Survey, Abstract Number 147 and the T.D. Yocum Survey, Abstract Number 399, Brazoria County, Texas, being all of that certain RESERVE "A" OF THE MINOR PLAT OF ADAM & MALIK DEVELOPER, LLC, a subdivision as shown on map or plat recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File Number 2016027588, also being a portion of that certain called 27.12 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas under County Clerk's File Number 93-007446. (Located at 3201 Pearland Parkway, Pearland, TX.) Conditional Use Permit Application No CUP 17-00002, within the General Business (GB) zoning district, at the request of Capital Construction Management represented by Michael Seery, applicant, on behalf of Adam & Malik Developer, LLC., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Capital Construction Management represented by Michael Seery, applicant, on behalf of Adam & Malik Developer, LLC., owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a Gasoline Station use on approximately 2.0537 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 Gasoline Station on an approximately 2.0537 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 28th day of August 2017 and the 18th day of September 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 Capital Construction Management represented by Michael Seery, applicant, on behalf of Adam & Malik Developer, LLC., owner; for approval of a Conditional Use Permit on approximately 2.0537 acres of land to allow for a Gasoline Station; 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 Business (GB) zoning district, is hereby granted a Conditional Use Permit (CUP) to allow for a Gasoline Station, subject to all requirements of the GB zoning district, and the site plan attached hereto and made a part hereof for all purposes as Exhibit "E", in Page 2 of 11 Ord. No CUP 17-00002 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 2.0537 acres of land situated in the A.C.H.&B. Survey, Abstract Number 147 and the T.D. Yocum Survey, Abstract Number 399, Brazoria County, Texas, being all of that certain RESERVE "A" OF THE MINOR PLAT OF ADAM & MALIK DEVELOPER, LLC, a subdivision as shown on map or plat recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File Number 2016027588, also being a portion of that certain called 27.12 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas under County Clerk's File Number 93-007446. General Location: 3201 Pearland Parkway, 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. Page 3 of 11 Ord. No CUP 17-00002 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 28th day of August, 2017. J _� TOM REID MAYOR ATTEST: •UNG RFIC =�: \ N: TY S RETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of September, 2017. TOM REI MAYOR ATTEST: .4,W!!!.14,3", UNG UNG RFIN , TRWIC 3\ jc ) TY S RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit A Legal Description Being 2.0537 acres of land situated in the A.C.H.&B. Survey, Abstract Number 147 and the T.D. Yocum Survey, Abstract Number 399, Brazoria County, Texas, being all of that certain RESERVE "A" OF THE MINOR PLAT OF ADAM & MALIK DEVELOPER, LLC, a subdivision as shown on map or plat recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File Number 2016027588, also being a portion of that certain called 27.12 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas under County Clerk's File Number 93-007446. Page 5 of 10 Ord. No CUP 17-00002 Exhibit B Vicinity Map .... „,. 4. / - 7 ems - in) Exhibit 1 ,,,,... fava-,14isweti4ez ow - . --- ‘ -xtf.-A,...;- 1—--..• — 4 = .601,,misrikepante AERIAL MAP i • 4€97.01,4*-114%,--ly caE, CUP 17-00002 mt- ganawiftwg:Komn,0„."3, *AL eazio-,;ffloc..."12 rieturi..:-'119at 3201 John Lizer Road ,tw A* gyilift,ErciffentWal ‘i.'44 - iiti Y-Ith4ft ' 41.€m ED .4. Subject Property 3211 3209- gErp EK% - 3,,301 i 1 ‘4..%....fgridiarosliM-kV $ I K14Zi '''1'. itEat i 321,lillie,32C' Or 1 ea 2O1;$$ i, • x . •" .II. . 160 1 01 5 Xiffifi.I..3, 3293 32' 1, MO - ,I..i•ii 4= . 41; mg Eght fiihEAREPCe TI9Mgrarl Clo JOHN 1-Ia i t - .-------------- — .. ........., •. , ,,,, _ 1101111Nkii • @WAIS02-1104)Ege giai:APPCV"it ' a kflV sEW EST EA ME, ,AN EXPi V1-'01 ,., • „ .0 V EXIX t. , PAP){-:eiri -..0.1.4.0L .1gL-:-..t-.). . ,• 4.% %--, 101 .f,tify - M tlIM inritiPME:341A,673P.7$ - ' 61 4 t prod,oi for informational porpoime and 0r' I. " .-, . - 4V1* — ' pAcn 1 ,'310011X1 PO! ,AN k.tom . ,9 ka• , ilt ' V kr lortal mg narenott 01 AliriC,Intl. 0....it dot',ntA myrromit an on thy ground aurtot and .4 '''''Y 2 $`11"-'.'.',01)Om apprommak relati‘e location on 4... Enrj . kr.t mo . arory,', . - VD , %1 •,if si, ,, .. k- - ir 00,4-.Hrit •. - 1'1' ,w 1 null 417feet . 54)c,143 M ,4 • ?25 em K, giV sal. WZO 'OP laN 4mg 441D :' • ea '6 %TIM? 1121 iltILY 2012 MANNINO DEPARTMENT 624- '' 10 •rairB d 00 ,,, \iitivi Page 6 of 10 Ord. No CUP 17-00002 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: 17-00002 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 Capital Construction Management represented by Michael Seery. applicant, on behalf of Adam & Malik Developer, LLC., owner; for appro- val of a Conditional Use Permit (CUP) to allow for a Gaso- line Station in the General Business (GB) zoning district; on approximately 2.0537 acres of land, to wit: Being 2.0537 acres of land situated in the A.C.H.&B. Sur- vey. Abstract Number 147 and the T.D. Yocum Survey, Ab- stract Number 399. Brazoria County, Texas, being all of that certain RESERVE "A" OF THE MINOR PLAT OF ADAM & MALIK DEVELOPER, LLC, a subdivision as shown on map or plat recorded in the Official Public Records of Real Property of Brazoria County, Texas. under County Clerk's File Number 2016027588, also being a portion of that certain called 27.12 acres of land described in deed and recorded in the Official Public Records of Real Proper- ty of Brazoria County, Texas under County Clerk's File Number 93-007446. General Location: 3201 Pearland Parkway, 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 De- partment at 281-652-1765. Martin Griggs Senior Planner Page 7 of 10 Ord. No CUP 17-00002 0000139776 CITY OF PEARLAND - PLANNING Page 1 Houston Chronicle CLASSIFIEDS II MEDIA to GROUP 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 0000139776 HC034270320 RAN A LEGAL NOTICE SIZE BEING: 2 x48 L Product Date Class Page CNPC-Pasadena Citizen Apr 26 2017 Legal Notices CNBA-Bay Area Citizen Apr 26 2017 Legal Notices CNDP-Deer Park Broadcaster Apr 26 2017 Legal Notices CNFJ-Friendswood Journal Apr 26 2017 Legal Notices CNPJ-Pearland Journal Apr 26 2017 Legal Notices ge"L %A ILL NEWSPAPER REPRE NTATTVE Sworn and subscribed to before me, this 29th Day of April A.D. 2017 9'TFp��FIP� "'PI RES.•• `-s- zn,�,````�� hci5ta?? tNotary 0000139776 CITY OF PEARLAND - PLANNING Page 2 Houston Chronicle CLASSIFIEDS To Be Published In the • PEARLAND JOURNAL Wednesday,April 26,2017_ NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,TEXAS .tjaDITIONAL USE PERMIT APPLICATION NUMBER:17-00002 Notice is hereby given that on May 15, 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 aoint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas,at the request of Capital Construc- tion Management represented by Michael Seery, applicant, on behalf of Adam&Malik Developer, LLC., owner;for ap- proval of a Conditional Use Permit(CUP)to allow for a Gas- oline Station in the General Business(GB)zoning district; on approximately 2.0558 acres of land,to wit: Being 2.0558 acres of land situated in the A.C.H.&B. Sur- vey, Abstract Number 147 and the T.D. Yocum Survey,Ab- stract Number 399, Brazoria County,Texas, being a por- tion of that certain called 27.12 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County,Texas under County Clerk's File Number 93-007446. General Location: 3201 Pearland Parkway, 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 Exhibit D Planning and Zoning Commission Recommendation Letter BOE PER�92 TEX AS esT 01*,9°` Planning & Zoning Recommendation Letter July 18, 2017 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP Application No. CUP 17-00002 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 Capital Construction Management represented by Michael Seery, applicant, on behalf of Adam & Malik Developer, LLC., owner, for approval of a Conditional Use Permit (CUP) to allow for a Gasoline Station in the General Business (GB) zoning district; on approximately 2.0537 acres of land. Legal Description: Being 2.0537 acres of land situated in the A.C.H.&B. Survey, Abstract Number 147 and the T.D. Yocum Survey, Abstract Number 399, Brazoria County, Texas, being all of that certain RESERVE "A" OF THE MINOR PLAT OF ADAM & MALIK DEVELOPER, LLC, a subdivision as shown on map or plat recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File Number 2016027588, also being a portion of that certain called 27.12 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas under County Clerk's File Number 93-007446. General Location: 3201 Pearland Parkway, Pearland, TX. At the regular meeting of the P&Z Commission on July 17, 2017, P&Z Vice Chairperson Page 8 of 10 Ord. No CUP 17-00002 Thomas Dunacan made a motion to recommend approval of Conditional Use Application No. CUP 17-00002 and P&Z Commissioner Derrell Isenberg seconded the motion. The motion was amended to include staff comments and recomendation by P&Z Commissioner Troy Pradia and seconded by Mary Starr. The vote to amend the motion passed 6-0. The motion to recommend approval of the amended motion failed by a vote of 3-3. P&Z Commissioners Mary Starr, David Selsky, and Troy Pradia voted in favor of the request. P&Z Chairperson Daniel Tunstall, P&Z Vice Chairperson Thomas Duncan, P&Z Commissioner Derrell Isenberg voted in opposition of the request. With a split vote, the recommendation to City Council is negative. Though the P&Z forwarded a negative recommendation, only a simple majority of City Council is required for either approval or denial. Sincerely, /Tr 4* Martin Griggs Senior Planner On behalf of the Planning and Zoning Commission Page 9 of 10 Ord. 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AIRDTED CO Cf« 44 59n3901'W'-237: M 17G (0m.4 ^'^^ DEVELOPMENT L9 ar .• SITE PIAN M..a xR a T' r JOHN 1ROAD " ' (Row12ER vAR1Es1 ' AO.Ol AGUE:1,WA" • . y._ !S t• .1.1 "' -- r LyC t ..�rr>• e4 • .„,•.,' U RETEIi AMM f ,'t >-a... ,o,„ _ ...."i'`l .4 r' 1 .I i r. I�6 L eat __1 ,RIR.,_ `. ' c Win . �� t' Page 10 of 10 Ord. No CUP 17-00002