R2018-CUP18-00024 2018-11-19 RESOLUTION R2018- CUP18-00024
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a convenience store with a
gasoline station located within the General Business (GB) zoning
district, being a tract containing 1.50 acres (65,340 square feet) of land,
being out of a called 15.512 acres tract situated in the H.T. & B.R.R. Survey,
Abstract 547, Brazoria County, Texas (Located at the southwest Corner of
Magnolia Parkway and Manvel Road, Pearland). Conditional Use Permit
Application No CUP18-00024, within the General Business (GB) zoning
district, at the request of Colton Morgan, Kimley-Horn Associates, applicant,
on behalf of Magnolia 15.512 Acres, Ltd dba Signature Companies, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Colton Morgan, Kimley-Horn Associates, applicant, on behalf of
Magnolia 15.512 Acres, Ltd dba Signature Companies, owner, is requesting approval of
a Conditional Use Permit (CUP) to allow a convenience store with a gasoline station on
1.5 acre 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 November, 2018, 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 advertised in the premises, finds that in the
case of the application of Colton Morgan, Kimley-Horn Associates, applicant, on behalf
of Magnolia 15.512 Acres, Ltd dba Signature Companies, owner for approval of a
Conditional Use Permit on 1.5 acre to allow a convenience store with a gasoline station;
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 General
Business (GB) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow a convenience store with a gasoline station, subject to all requirements of the
General Business (GB) zoning district, in accordance with all conditions and
requirements of the 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 containing 1.50 acres (65,340 square feet) of
land, being out of a called 15.512 acres tract situated in the H.T. & B.R.R.
Survey, Abstract No. 547, Brazoria County, Texas.
General Location: Southwest Corner of Magnolia Parkway and Manvel Road,
Pearland, TX.
Condition: The CUP shall be subject to the following conditions:
1. The proposed use shall meet all the standards and regulations of the Corridor
Overlay District at the time of permitting; and
2. A hedgerow of shrubs (planted at 3' on-center) and ornamental trees (planted
at 20' on-center) be provided along the rear of the building to provide
screening from the undeveloped property.
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 Resolution shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on this the 19th day of November, 2018.
64—el
TOM REID
MAYOR
ATTEST:
"JUNG, IN , TRIC ��
ITY SETA Y
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DARRIN M. COKER
CITY ATTORNEY
Exhibit B
Vicinity Map
Exhibit 1
R-1 Proposed JH
CUP 18-00024
Zoning and Aerial Map
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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 18-00024
Notice is hereby given that on November 19, 2018, 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 Council Chambers of
City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of Kimley Horn
Associates, applicant, represented by Colton Morgan, for Magnolia 15.512 Acres, LTD
DBA Signature Companies, owner, represented by Jennifer Pollak Evans; for approval of
a Conditional Use Permit (CUP) to allow for gasoline station use located in the General
Business (GB) zoning district; on approximately 1.500 acres of land, to wit:
A tract or parcel containing 1.500 acre or 65,340 square feet of land, being out of
a called 15.512 acre tract of land conveyed to Magnolia 15.512 Acres, LTD.,
recorded under Brazoria County Clerks File (B.C.C.F.) No. 2007012458 and
situated in the H.T. & B.R.R. Survey, Abstract 547, Brazoria County, Texas.
General Location: Southwest corner of Magnolia Parkway and Manvel Road,
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
Planning Manager
Exhibit A
Legal Description
DESCRIPTION OF
1.500 ACRE OR 65,340 SQ. FT.
A TRACT OR PARCEL CONTAINING 1.500 ACRE OR 65,340 SQUARE FEET OF LAND, BEING OUT OF A CALLED 15.512
ACRE TRACT OF LAND CONVEYED TO MAGNOLIA 15.512 ACRES,LTD.,RECORDED UNDER BRAZORIA COUNTY CLERKS
FILE(8.C.C.F.J NO.2007012458 AND SITUATED IN THE H.T. & B.R.R.SURVEY, ABSTRACT 547, BRAZORIA COUNTY,TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,WITH ALL BEARINGS BEING BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD 83;
BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET AT THE NORTHWEST END OF A CURVED
CUTBACK CORNER AT THE INTERSECTION OF THE SOUTH RIGHT•OF•WAY (R.O.W.) LINE OF MAGNOUA STREET (120'
R.O.W.J RECORDED UNDER H.C.C.F.NO.2005069815 AND THE WEST R.O.W.LINE OF MAN VEL ROAD(R.O.W.VARIES):
THENCE,ALONG SAID CURVED CUTBACK CORNER WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, A
CENTRAL ANGLE OF 90 DEG.00 MIN.03 SEC..AN ARC LENGTH OF 70,69 FEET AND A CHORD BEARING AND DISTANCE
OF SOUTH 47 DEG.42 MIN.25 SEC. EAST-63.64 FEET, TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE"SET
FOR THE SOUTHEAST END OF SAID CUTBACK CORNER
THENCE,OVER AND ACROSS SAID 15.512 ACRE TRACT THE FOLLOWING THREE(3)COURSES AND DISTANCES:
SOUTH 02 DEG.38 MN.07 SEC.EAST,A DISTANCE OF 202.15 FEET,TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT:
SOUTH 87 DEG. 16 MIN.53 SEC.WEST,A DISTANCE OF 266.13 FEET,TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
NORTH 02 DEG.38 MIN.07 SEC.WEST.A DISTANCE OF 247.16 FEET,TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"SET ON THE SOUTH R.O.W. LINE OF SAID MAGNOLIA STREET AND FOR THE NORTHWEST CORNER
OF THE HEREIN DESCRIBED TRACT;
THENCE,NORTH 87 DEG.16 MN.53 SEC.EAST,ALONG THE SOUTH R.O.W.LINE OF SAID MAGNOLIA STREET,A DISTANCE
OF 221.07 FEET. TO THE POINT OF BEGINNING AND CONTAINING 1.500 ACRES OR 65.340 SQUARE FEET OF LAND, AS
SHOWN ON JOB NO.54640,PREPARED BY WINDROSE LAND SERVICES.