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Ord. CUP 17-00016 2017-11-13 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. r TOM REID MAYOR ATTEST: `,``� u a►►,,�� 41 .1NG M -_ %�TY SEVAFING, ETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13rd day of November, 2017. D RICK REED MAYOR PRO-TEM ATTEST: `�,w R�,,1�� TY iRETARY APPROVED AS TO FORM: (Lu,L,_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 . . , . , , ;di m EXHIBIT 1 I. 1 ., �¢`. $,; AERIAL MAP j -I 6,.1r.t7 6, 1 c€'c1 $- UP 0016 ar1530i j ;w Lv:, l4. ' .. i 6601 Broadway Street '" 2sL1 ogq. . -, ',a rt=-,;.:k. f u _ �'' a-Subject Property , g 1� -:S Eng 11 p "r l m t< r * ' t 6629 # 1 i 28.17 4 " ''67J3 —.It =67.13 `4 Y• 6515 6509 6a25 -. -... c:j js„ II - ! - l 0739`.'' 6sz7„ ' a 1 R49 e ;r y• ►�Y[e, 'J' 683t 6608 + .• 26,6 8320^{p '1 ya —t 1 L'(Eta 1 t ( ,` 6;02 ., e �� �,w' - CM �` q,i fK:t 6816 7^ �� �r. j S ° h, r e 1 •i • 'YSEJ ' 11_,n.,fi614 Y'j - -55�tfi-- . a...� +� 'PEARL' E j< Ifizm L le - —r }yam© 1 1 4 e r.'f � • '' product finformational Purptme d '' . _ T 65 }} *Pk ¢- "f" '1- Y riot been Pared f b imitable �'. .�.� •4..� 1 f17 for teeaL n«oeini wtvyine'',amp..It �" f£Q7 ECM ., .j fEDI ( F$G7at� t�-•7h7w doesPatrepresent' to `rouaa sacra � A,tj •71£L!F7• _ - a a: rcP. nfe odY me PPr� ate reWU location "l! 4 1 1 t-,i fE ?J LEiiS -of property,bomdadea, �,Y f } 27187201 4.1 1 Inch 5417feet 1f`i113 a ♦ 1tir3 1 , .LOP £1:f3 4 •• AUGUST_2017 j * ; .q ,,i i t,,.. _8, t$ (itS DEP.�ETSIE7:T • • 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 1740016 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" o 'cPE '�� AIR- 0593 La,.. AGENDA REQUEST •PEMAND BUSINESS OF THE CITY COUNCIL A s CITY OF PEARLAND, TEXAS 4-sr. 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.&nbsp; &nbsp; Legal Description: A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home Company&rsquo;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: &nbsp;6601 Broadway Street, Pearland, TX&nbsp; ATTACHMENTS: Aerial Map Zoning Map FLUP Map Notification Map Notification List Applicant Packet FUNDING: ❑Grant ❑Developer/Other 0 Cash ❑G.O.Bonds To Be Sold 0 G.O. Bonds-Sold ❑Rev. Bonds to Be Sold Rev.Bonds-Sold ❑C.O.'s To Be Sold ❑C.O.'s-Sold EXECUTIVE SUMMARY Page 1 of 18 Ordinance No. CUP 17-00016 Exhibit "C" AFFIDAVIT OF PUBILICATION The Pearland Reporter News 2407 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, 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: 17) 1-'/1 No. 1 , Date oCO 20 /(-8\ No. _ Date- , 20 No. Date 20 6 - President • , Subscribe and sworn to before me this o? day,o 0/7. , . - 1 i I kaura Fin Emmons, Pubitisher • Notary Public, State of Texas it 400,-‘ LAURA ANNEMiViONS ! •V: ). NOTARY PUSLIC 1 . . „.,,, i4. _ STATE OF TEXAS :4 .6. .., ' My Commission Expires 09-09-2018•1‘ ' Exhibit D Planning and Zoning Commission Recommendation Letter ; pp9 0 e PETARL�AN esr. s9a P1annin5 & Zoning Commission 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, /Torte• 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 • 71 I 1 j ( DEVELOPMFM Ar .t Ar AIL AA All All MI VA' :1 , w i II I a GARDEN PLAZA !l like j ;, pp LOT/BLOC C1 I Itl i, I '111 I ill S 248BACRES [ I $1 I. ry1mAcREsynEED1 I1; r M® Imm zl muw��±ro R�j� k _ 1 I I I ...w.=. } i '` 1 "`"„ —si 1 ni. I .�, ... .... l 1 Io CORE .c �.=.. f IF ( 6 "`uw Ii ; tt ee' VI p Iimr...ne ..i. vrrn�n p ,^ -p WW; 21 i '�°y • • M 6suue16acroxi b s+em •0 Ma y " I • u m..emouuMCIVO. r6ie �mn I 1 '' 9a1i 1. '1 ;1 . R --_ -- -- ._ OMEE IOC. • .._v kMLLINtt...1.1.066.4 4m _ R N. ......... IM1.�M B. ' el yC' �� •uu+mo — '""LL 4�- I 1 wt�iv11e6P...10017,�o. 1 -, ®GAf74317€VD (enf.ra glig,89#3) • -(12 en 4-(wn Imr.•.a am, . • • • Page 10 of 10 Ord. No CUP 17-00016