Ord. CUP 17- 00016 2017-10-23 Ordinance No. CUP 17-00016
An ordinance of the City Council of the City of Pearland, Texas, approving a
Truck (Heavy) and Bus Rental or Sales use in the General Commercial
(GC) zoning district, A 3.1092 acre tract of land out of Lot 46 of the Allison
Richey Gulf Coast Home Company's subdivision of Section 8, H.T&B.R.R.
CO. Survey also called the F.B. Drake Survey, Abstract 504, Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 2,
Page 24, of the Plat Records of Brazoria County, Texas. (6601 Broadway
Street, Pearland, TX.) Conditional Use Permit Application No CUP 17-
00016, within the General Commercial (GC) zoning district, at the request of
Pogie USA, LLC., applicant and owner, represented by Bruce Honore,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Pogie USA, LLC., applicant and owner, represented by Bruce
Honore; is requesting approval of a Conditional Use Permit (CUP) to allow for a Truck
(Heavy) and Bus Rental or Sales use on approximately 3.1092 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 11th day of September 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 12th day of September 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 Truck (Heavy) and Bus Rental or
Sales use on an approximately 3.1092 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 23th day of October 2017
and the 13rd day of November 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 Pogie USA, LLC., applicant and owner, represented by Bruce
Honore; for approval of a Conditional Use Permit on approximately 3.1092 acres of land
to allow for a Truck (Heavy) and Bus Rental or Sales 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 General
Commercial (GC) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a Truck (Heavy) and Bus Rental or Sales use, subject to all requirements of
the GC 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
Page 2 of 10
Ord. No CUP 17-00016
Council and incorporated for all purposes, such property being more particularly
described as:
Legal Description: A 3.1092 acre tract of land out of Lot 46 of the Allison Richey
Gulf Coast Home Company's subdivision of Section 8, H.T&B.R.R. CO. Survey
also called the F.B. Drake Survey, Abstract 504, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 2, Page 24, of the Plat
Records of Brazoria County, Texas.
General Location: 6601 Broadway Street, 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
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Page 3 of 10
Ord. No CUP 17-00016
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 23th day of
October, 2017.
TOM REID
MAYOR
ATTEST:
UNG RFING �.. %\
TY SE RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13rd
day of November, 2017.
D: "RICK REED
MAYOR PRO-TEM
ATTEST: U'''''
N O I
TY CRETARY
APPROVED AS TO FORM:
(Lot., --/0-- --
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No CUP 17-00016
Exhibit A
Legal Description
A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home
Company's subdivision of Section 8, H.T&B.R.R. CO. Survey also called the F.B. Drake
Survey, Abstract 504, Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 2, Page 24, of the Plat Records of Brazoria County, Texas.
Page 5 of 10
Ord. No CUP 17-00016
Exhibit B
Vicinity Map
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a I : AERIAL MAP
. a ois, `€"'W"" Om CUP 17-00016
c zsJr , ° 4, 6601 Broadway Street
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Page 6 of 10
Ord. No CUP 17-00016
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 17-00016
Notice is hereby given that on September 11, 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 hear-
ing 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 Pogie
USA, LLC., applicant and owner, represented by Bruce Honore; for approval of
a Conditional Use Permit (CUP) to allow for a Truck (Heavy) and Bus Rental or
Sales use in the General Commercial (GC) zoning district; on approximately
3.1092 acres of land, to wit:
A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home
Company's subdivision of Section 8, H.T&B_R.R. CO. Survey also called the
F.B. Drake Survey, Abstract 504, Brazoria County, Texas, according to the map
or plat thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria
County, Texas,
General Location: 6601 Broadway 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 Department at 281-652-1765.
Martin. Griggs
Senior Planner
Page 7 of 10
Ord. No CUP 17-00016
Ordinance No. CUP 17-00016
Exhibit "C"
"r4e AIR - 0593
AGENDA REQUEST
A 0 A A ft BUSINESS OF THE CITY COUNCIL
t .
TEX AS CITY OF PEARLAND, TEXAS
.$T. to%
AGENDA OF: Joint Public Hearing - Sep. 11, 2017
DATE SUBMITTED: 17 Aug 2017 DEPT. OF ORIGIN: Community Development
PREPARED BY: Martin Griggs
SUBJECT: Conditional Use Permit Application No. CUP 17-00016
A request of Pogie USA, LLC., applicant and owner, represented by Bruce Honore; for
approval of a Conditional Use Permit (CUP) to allow for a Truck (Heavy) and Bus
Rental or Sales use in the General Commercial (GC) zoning district; on approximately
3.1092 acres of land.
Legal Description:
A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home
Company’s subdivision of Section 8, H.T&B.R.R. CO. Survey also called the
F.B. Drake Survey, Abstract 504, Brazoria County, Texas, according to the map or
plat thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria County,
Texas.
General Location:
6601 Broadway Street, Pearland, TX
ATTACHMENTS: Aerial Map
Zoning Map
FLUP Map
Notification Map
Notification List
Applicant Packet
FUNDING: 0 Grant 0 Developer/Other 0 Cash
0 G.O.Bonds To Be Sold 0 G.O. Bonds-Sold 0 Rev. Bonds to Be Sold
0 Rev. Bonds-Sold 0 C.O.'s To Be Sold 0 C.O.'s-Sold
EXECUTIVE SUMMARY
Page 1 of 18
Ordinance No. CUP 17-00016
Exhibit "C"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2407 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Randall S, Emmons, hereby certify that the notice hereby appended
was published in the REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for
Issues as follows:
No. 1 Date LA-. 3 20 /7
I
No. Date 20
No. Date 20
,7: > ;,'1
President
Subscribe and sworn to before me this . day o i/� 0/7.
7 . / 4
Ij4 - ' c5
Laura nn Emmons, Publisher
Notary Public, State of Texas
ii.i.►. •1I..tA w.4.1,,,•`•..,
11 ,•*-wti LAURA ANN EMiviONS vi
.f*)'. NOTARY PUBLIC :
V STATE OF TEXAS s
My Commissron Expires 09-09-2)18Z
Exhibit D
Planning and Zoning Commission Recommendation Letter
Pt
44.
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1111"1411 X Al
Esr. I sea
Planning & Zoning C
Recommendation Letter
September 12, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00016
Honorable Mayor and City Council Members:
At their regular meeting on September 11, 2017, the Planning and Zoning Commission
considered the following:
A request of Pogie USA, LLC., applicant and owner, represented by Bruce
Honore, for approval of a Conditional Use Permit (CUP) to allow for a Truck
(Heavy) and Bus Rental or Sales use in the General Commercial (GC) zoning
district; on approximately 3.1092 acres of land.
Legal Description: A 3.1092 acre tract of land out of Lot 46 of the Allison Richey
Gulf Coast Home Company's subdivision of Section 8, H.T&B.R.R. CO. Survey
also called the F.B. Drake Survey, Abstract 504, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 2, Page 24, of the Plat
Records of Brazoria County, Texas.
General Location: 6601 Broadway Street, Pearland, TX.
P&Z Vice Chairperson Thomas Dunacan made a motion to recommend approval of
Conditional Use Application No. CUP 17-00016 with additional landscaping as
recommended by staff and P&Z Commissioner Mary Starr seconded the motion. The
motion to recommend approval passed by a vote of 4-1. P&Z Vice Chairperson Thomas
Duncan, P&Z Commissioners Mary Starr, David Selsky, and Derrell Isenberg voted in
Page 8 of 10
Ord. No CUP 17-00016
favor of the request. P&Z Chairperson Daniel Tunstall voted in opposition stating that
the site plan did not provide enough information to approve.
Sincerely,
/yr 4*
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 17-00016
Exhibit E
Site Plan and Attachments
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Page 10 of 10
Ord. No CUP 17-00016