R2017-CUP17-00023 2017-11-20RESOLUTION R2017- CUP17-00023
A resolution 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 Light Industrial (M-1) zoning district, All of the certain 1.99294 acre
tract or parcel of land in the A.C.H & B. Survey, Section 1, Abstract No. 147
in Brazoria County, Texas, being a portion of the north one-half of Tract 123
o the subdivision of the A.C.H & B Survey, Section 1 according to the plat of
same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County,
Texas, said tract being that portion of the north one-half of Tract 123 lying
West of State Highway No. 35 (a.k.a Main Street). (Located at 3200 Main
Street, Pearland, TX.) Conditional Use Permit Application No CUP 17-
00023, within the Light Industrial (M-1) zoning district, at the request of
Anchor Commercial Builders represented by Robert Ortiz, applicant, on
behalf of Roade Properties LTD. Represented by Rafael Ortega, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Anchor Commercial Builders represented by Robert Ortiz, applicant,
on behalf of Roade Properties LTD. Represented by Rafael Ortega, owner; is
requesting approval of a Conditional Use Permit (CUP) to allow for a food
store/supermarket use on an approximately 1.99294 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 20th day of November 2017, a Joint Special Meeting was
held before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by online publication on the City website, a copy of
which 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, 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 Anchor Commercial Builders represented by Robert Ortiz,
applicant, on behalf of Roade Properties LTD. Represented by Rafael Ortega, owner;
for approval of a Conditional Use Permit on approximately 1.99294 acres of land to
allow 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 RESOLVED 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 Light
Industrial (M-1) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow a food store/supermarket use, subject to all requirements of the M-1 zoning
district, 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: All of the certain 1.99294 acre tract or parcel of land in the
A.C.H & B. Survey, Section 1, Abstract No. 147 in Brazoria County, Texas, being
a portion of the north one-half of Tract 123 o the subdivision of the A.C.H & B
Survey, Section 1 according to the plat of same recorded in Volume 2, Page 1 of
the Plat Records of Brazoria County, Texas, said tract being that portion of the
north one-half of Tract 123 lying West of State Highway No. 35 (a.k.a Main
Street).
General Location: 3200 Main 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
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R2017 — CUP17-00023
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 Resolution shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on this the 20th d
c �rirnJ
TOM REID
MAYOR
ovember, 2017.
24.0
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R2017 — CUP17-00023
ATTEST:
/ i iii'
IFBUNG •
Y SUNG
DARRIN M. COKER
CITY ATTORNEY
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R2017 — CUP17-00023
Exhibit A
Legal Description
All of the certain 1.99294 acre tract or parcel of land in the A.C.H & B. Survey, Section
1, Abstract No. 147 in Brazoria County, Texas, being a portion of the north one-half of
Tract 123 o the subdivision of the A.C.H & B Survey, Section 1 according to the plat of
same recorded in Volume 2, Page 1 of the Plat Records of Brazoria County, Texas, said
tract being that portion of the north one-half of Tract 123 lying West of State Highway
No. 35 (a.k.a Main Street).
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R2017 — CUP17-00023
Exhibit B
Vicinity Map
Exhibit 1
Zoning and Aerial Map
CUP 17-00023
Subject Property
Thu: prcdurt a far InGnmat Iona! p'rrp.trs and
may not hart, hwn pr•p+rrd Ear or b .uit.thlr
for hgeal. it:einnrine...r 'ow/eying ptup M.". IL
de. rtd nrynntea.l on on tha-Rn.und rur., and
r pnnnLL only thn apprcatmate ndative hralwn
orproprrty hnundanr.
1 inch = 153 feet
DECE\I ITER 2016
Y1..1NNINt1 DEPARTMENT
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R2017 — CUP17-00023
Exhibit C
Online Notification
NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00023
Notice is hereby given that on November 20, 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 special meeting 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 Anchor Commercial Builders represented by Robert
Ortiz, applicant, on behalf of Roade Properties LTD. Represented by Rafael Ortega,
owner; for approval of a Conditional Use Permit (CUP) to allow for a Food
Store/Supermarket located in the Light Industrial (M-1) zoning district: on approximately
1.99294 acres of land, to wit:
All of the certain 1.99294 acre tract or parcel of land in the A.C.H & B. Survey,
Section 1, Abstract No. 147 in Brazoria County, Texas. being a portion of the north
one-half of Tract 123 o the subdivision of the A.C.H & B Survey. Section 1
according to the plat of same recorded in Volume 2, Page 1 of the Plat Records of
Brazoria County, Texas, said tract being that portion of the north one-half of Tract
123 lying West of State Highway No. 35 (a.k.a Main Street).
General Location: 3200 Main 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
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