Ord. 2000CUP-32 2009-06-22 FAILEDFAILED
June 22, 2009
ORDINANCE N0.2000CUP-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON
PLAT FILED FOR RECORD AS APPROXIMATELY 1.727 ACRE TRACT DESCRIBED
IN THE BRAZORIA COUNTY CLERK'S FILE NO. 2007014638 AND BEING THE
RESIDUE OF 12.843 ACRE TRACT DESCRIBED IN VOLUME 1155, PAGE 604 OF
THE BRAZORIA COUNTY DEEDS OF RECORD, SAID 1.727 ACRE TRACT OF THE
LAND ALSO BEING SITUATED IN AND PART OF LOTS 21 AND 22, OF THE W.
ZYCHLINSKI SUBDIVISION, SECTION 4, E. B. LYLE SURVEY ABSTRACT NO 543,
BRAZORIA COUNTY TEXAS. (LOCATED AT 2070 MYKAWA ROAD, PEARLAND
TX), CONDITIONAL USE PERMIT APPLICATION NO. CUP 2009-08, TO PERMIT A GAS
STATION AND RETAIL SUITES IN THE LIGHT INDUSTRIAL (M-1) ZONING
DISTRICT, AT THE REQUEST OF BM DESIGN LLC, APPLICANT FOR JK JOSPEH
INC, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY
UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
WHEREAS, BM Design LLC, applicant for JK Joseph Inc, owner, filed an
application for a Conditional Use Permit for certain property, said property being legally
described in the original applications for amendment attached hereto and made a part
hereof for all purposes as Exhibit "A", and more graphically depicted in the location map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 15th day of June, 2009, 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 15th day of June, 2009, the Planning and Zoning Commission
ORDINANCE N0.2000CUP-32
of the City submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit application by BM Design LLC, applicant for JK
Joseph Inc, owner, whereby the Commission recommended denial of the Conditional
Use Permit.
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, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on 22th day of June, 2009;
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 BM Design LLC, applicant for JK Joseph Inc, owner, presented which,
in the judgment of the City Council, would justify the denial of said application; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Sectiion I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as General Business (GB) Zoning
District and Light Industrial (M-9) Zoning District, is hereby denied a Conditional Use
Permit to allow a gas station with retail suites, in; such property being more particularly
described as:
Approximately 1.727 acre tract described in the Brazoria County Clerk's file No.
2007014638 and being the residue of 12.843 acre tract described in volume 9155,
page 604 of the Brazoria County Deeds of Record, said 1.727 acre tract of the land
also being situated in and part of lots 29 and 22, of the W. Zychlinski Subdivision,
Section 4, E. B. Lyle Survey Abstract no 543, Brazoria County Texas. (Located at
Page 2 of 4
Ord No 2000CUP-32
ORDINANCE N0.2000CUP-32
2070 Mykawa Road).
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. 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 and to the City Council for consideration
and decision.
Section III. The City Counci( of the City of Pearland finds and determines that
the approval herein granted 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 Ordinance shall become effective after its passage and
approva! on first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two {2) separate occasions be hereby waived.
Page 3 of 4
Ord No 20000UP-32
ORDINANCE N0.2000CUP-32
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the day of
2oa~.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-32
Exhibit "A"
Application
Ordinance No. 2000CUP-32
CUP APPLICATION Page 9 of 4 (Updated h4ay 2008)
City of Peariand
Community Development
- APPLICATIt~N FOR 3523 Liberty Drive
~'~~ J .~ -~ A.~=~~ A GaNDIT14NAL USE Pear anrdnTextasC77581
2a1-652-1765
~" i~~.. ~ " PERMtT SCUP} 281-652-17Q2 fax
www.cityofpeartand.com
~, ;,
Conditianai Use Permit Request far: ~` ~,~ ~~'.i r'~. %~~'~"",-~;~.1'•~°• '~~`"~"" 4t~~-~°z~t=~ ~
t1~ (Ilst proposed use from the 7abl of Uses of the UDC)
,..
." ,
,-~ t ~ ~
/~~ G1 r [~ -'1 i '7" ~ "S t^,, C ,._~`' t - ~ l -t ~.-, c~7 ~• fix' L,~'i `~ -~ i' i ~!`t r^- "vim. r '~'i _ ~;~ "v'L.4 ~s~ ~ .
Current Zoning District: ~"1 ~ `~"~ ~~~ " .~
Property Information:
Address or General Location of Property: ` ~-' ~t'i ~"'t `',t ~Cti~i ~~. ~Ct r;~~ -
ry y~ {~
't'~i' 4?~ 1 ~fdti`Y~S ~ ~~(
Tax Account No. f~~ • 001 C "• G Ci `~ c~'' ~ ~~•~ t? - CS(~ t t~ C} t3 ~
t '
Subdivision: ~~t~r !' ~. li,~= r~.;••~ ~t-~-~- Lot: ~) ~- ~~:_`J. :Block: ~.~~ _- c_~
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME ~•-~~~ ~~is~,~~_~i.i ~~C,..
ADDRESS ~-(~')i ~,~ ~_~ L° F'~_!_.. N jLt.._. CC?~~'"i-
CITY .`~~.°G ' - ~'- STATE_~_ t~ZiP -l ltt'7
PHONE( ~. a^~ _ J `1:.3 j ._ ~.`f ~ ~..
FAX - s i .=~ i ~ r_; -,, . ~> C `i
NAME i?~ j`~ ~ ~: > ! iii tt_:r t .. (.. ~..-
ADDRESS %~f-•`~C ~1.3G'f~iCf--~.' j.-`, ~•t ¢f f
r~t ,
CITY f'f~t~r; 4~ t:;ft~`! STATE 1 `~` ZIP~7 lYJ `~' f
;_.
PFfONE(~ ~f ;x ~ f~ t.f t? ~i t, "~_~
F.
~._,
E-MAIL ADDRESS E-MAIL ADDRESS '~--sue-~ _ <:! i<<~~ ~'-' '~%}`.~}~ ~~'_ ~.._..
*Property owner must be the current owner of the property at the time of submittal of the application, and ndt the party
that has the property under contract.
As owner and applicant, (hereby request approval of the above described request as provided for
by the Unified Development Code of the City of,Pearland.
Owner's Signature:
Agent's
z~~
Date: `.~ ~ ,~ "~~~ ~~~1
r
1
Date: ~i G~j .~ G"
,!
OFFICE USE ONLY: _
FEES ~: "~, , DATE RECEtVEO j RECEIPT C~
•~-...'t.: f:vc, PAID: ~ I `'~ j L~r'~ BY: ~~-~ ~ NUMBER: _( ct ;~ I ~ +~
PAID; ~ .
Application No, ~ 1 j~ ~: ice:'': ~~ ~"" ~'
~~-r'r~~ ®~ t~T~~~
Date May 1$, 2009
City Of Pearland
3519 Liberty Drive
Pearland, TX 77581
Re: Conditional Use Permit rectuest
To whom it may concern:
This is to signify our intention to rectuest a Conditional Use Permit in City of Pearland, TX. Property is (a
subdivision of 1.727 acres of Land out of lots 21 and 22 Zychlinski subdivision of section 4, E.B. tyle
Survey Abst. 543, City of Pearland, and Brazoria County, Texas) located at 2070 Mykawa Rd. 't'he reason
for CUP is to 2700 SF Retail Spaces in Zone M2 and 3600 SF Gas Station in Zone GB. There will be total 53
parking spaces for both the Gas Station and Retail spaces.
We are requesting a Conditional Use Permit to let us proceed to get our Building Permit from Ciry of
Pearland. Please contact us if you need any other information from us.
Thank you.
Sincerely,
.~ ~
Owner F, /rs, f~ ~
STATE OF TEXAS
CUUNTY OF BRAZORI.A
1vSETES AIv'D BUUNDS DESCRIP'1'IUN
ORANGE STREET & MYKAWA ROAD
PEARLAND, TEXAS
S>rPT.EMBGR 7, 2007
ALL THAT CERTAIN [.727 ACRES OF LAND BEING THE SAIv4E ] .73 ACRE TRACT
DESCRIBED iN BRAZURTA COUNTY CLERK'S FILE NO. 2007014fi38 AND BEING THE
RESIDUE OF A [2.543 ACRE 'T'RACT DESCRIBED IN VOLUME 1 t55, PAGE 60a OF THE
BRAZORW COUNTY DEED RECORDS, SA1D 1.727 ACRE TRACT OF Lr1ND ALSO BET'ivG
SITUATED IN AND PART OF LOTS 21 AND 22, OF THE W. zYCHLINSKI SUBDIVISION,
SECTION, 4, E. B. LYLE SURVEY, ABSTRACT NO. 543, BRAZORTA COCJNTY, TEXAS AND
BEWG MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Basis for bearings: State Plane Coordinates, South Central Zone No. 4204, 1988 NAVD.
BEGINNING at a %: inch iron rod with cap found for the Sautheast earner of the herein described 1.727
acre tract of land, said point also being the intersection of ttre West~R.O.W. tine of lviykawa Road and the
North R.O.W. line of Orange Street {a.k.a. County Road 114 and a.k.a. White Garner Raad):
THENCE along the North R.O.W. line of Orange Street, South 87° 20' 45" West a distance of 150.00
feet to''/z inch iron pipe found for the South most Southwest earner;
THENCE along the East line of a tract of land described in Brazoria County Clerk's File No. 97-0311.14;
North 02° 39' 15" West a distance of 200.10 feet to a '/a inch iron rod with cap found £or an interior
corner;
THENCE along the North tine ot'said tract of land described in Brazoria County Clerk's File No. 97-
03.1114, North 87° 21' 38" West a distance of 149.99 feet to a 'fz inch iron rod with cap found for North
most Southwest corner of the herein described tract;
THENCE along the East line of said tract of land described in Brazoria County Clerk`s File No. 97-
031114, North 02° 45' 08" West a distance of ! 50.00 feet to a'~z inch iron rod with cap faund for the
Northwest corner;
THENCE along the South line of a 11.11 acre tract of land described in Brazoria County Clerk's File No.
99-050737, North 87° 17' 01" East a distance of 301.05 feet to a %i inch iron rod with cap found for the
Northeast corner, said point also lying in the West R.O.W. tine of Itilykawa Road;
THENCE along the West line of lviykawa Road, South 02° 31' 21" East a distance of 350.47 feet to the
POINT OF BEGINNING and containing 1.727 acres.
Plat Attached ~
,~
Lucien C. Schaffer, Jr. ~ R L.S. Na. 4$03 4843 ~,
Q,
SU~y~
Job ~ 07012203
tlaws.seu:ftv~aou>•awtl~e-vi 6eCYe9C'et6:%Yl LtLE-L9V lR mil mw. -n nruav tl~noasnn ewe a ~~ ss O
.aaexivwtlov°.r~°cu.~wer~utle°.au LSSLL XL'ONYltlY3d 'nvervat'otl~°iaa~vea~ina aeatl~ tlOnen weaaaaaanoivna we x die Zq
8371M1L3S pNaig93a 4 9NIL~aaO OV021 YAM1YNAW OLOZ ~ ~j J ~
9f89 M'03H °atlrs 1W.orddr tl3noa°muoe L ~ ~ a V
S3'.lYd9 39Y31 M Nd1Y19 BYO a33NON3lYNd893dOad
O'1~ Nt11S3O Wta aaosdoad H13dSaAH 'N Wtlll'lIM ~°"` '° aedY"'"°`°"'"°' ~ ~ ~ ~ ~ ~ ~
-to3roaet 7tva :s3aoN 'naa 'rJ
g ~ ~p ~R 3 NR
y7
33ae ! R
II ! i a ~ : i Y^e
~~~ ~~5~eg~~!#y~~~~
_~ i
~~~ ~~~ a
_~m ~
~~,~ ,LO'LOS= o
3.GL99.6 N ~ ~.tT ~
wun .° ~~
a
a.. .~ j..
~ ~ ~ _ ~ I I ~aa.e,
~., I I Y
rr~~w~.rr
~^~n ~~ ~ II~II s
~ - I ,.
s » ~ ~~ ~ .,~,,.
a az f l l ~~ ~ i -I
(( j ~u, I .I
_I_ . ~,
~ ~,, ; I ~
.k~ i
,86'66L-M.ZL.6S.69 N:'oaapy I I~I~ ~ ~ ~I I ~l I ~ ~,~
g ~ E
.LL'99L-M.4/.85.88S~Otl'J ; ' I t I ~~
~~ ~ I I li~~. ~ -_~I + tl I jll ~~
~ ! ~~ i ~
'? r M ~ ~ ~
' a
~~ If' I 1 `e ~
3~ ~ N I I I! $ I ~:. I Y
! ~o
~ ~ ~~ la I If ~~ I ~ ~ I ~ I j `: I
~;~ s ~ m ° g ~ ~ II b~~~~~• ° ~I F I II '~ i ~ 1 ~
a-~s s~~$~ U~ ~ 1~ I/~'-i'~ I I x~ I
~[ I,~t ~ i II I ¢=>. I I ~gg ~
I __ -qy~g~ go
wa Ewa se -~ mtls t~~i ~ ~~
#3 _ $
~y S~ o ~~
~A' Pu9I>6P3 ~ ~~
~b~ K~~ ~p maM L~~~~~ tl S
LI x .B
~~ .~~
t s rrna¢aa ~ '-.
~ 1332iiS 3JNb210 ~ ~~ ~~ ~
~~
Exhibit "B"
Location Map
Ordinance No. 2000CUP-32
Y~I
5UBJECT RROPFATY
y~b~OE ST
~.~ ~~
~iA06.'•Ot '
~21D1 atat
'.
9~1
~
~~
~~td6t - ' ~tOh ~ ~ .~~ta1'
~'
r
~ ~ ~~ ~~~
~ 4~1. `2106 ~
PSr1dG~5
~~ 4
~
2101=
~~
_
ZONING AND LOCATIONMAP
CONDITIONAL USE PERMIT N0.2009-08
T
NORTH
LOCATED AT 2070 MYKAWA ROAD, PEARLAND, TX 77584
Exhibit "C"
Publication
AFFIDAVIT O F P U B ~ ~ ~,,-, ; ; iv'c~ No. 2000CUP-32
State of Texas
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77.581
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for
issues, as follows:
No. ~ Date o? 20 ~~._
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~~
CFO
.,
Subscribe and sworn to before me this ~~ day o
20~ ~ ~/1
~v`'~~P,`,~~ t-At1F~ii ANN EMMONS
~, ~`~ „° Notary u~olic. State of Texas
'fFO~ t,. Mrs ;r~r~~!nissior~ Expires 09-09-~
ra Ann Emmons, Publisher
Notary Public, State of Texas
C,~aP ar,~t- o~
of the City of Pearland,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in
the Council :Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of BM Design
LLC, applicant for JK
Jospeh Inc, owner, for
approval of a conditional
use permit. to allow a
gas station and retail
aWtes in tho ' Light
titdtrstrlei (M~1 j•
DlaMct on 1Ftd ltillowing
described property, to
wit:
Appredmatefy 1.73 aee
tract. described In the
9razoris C- clerk's
-file No: 200014838 end
being the residue of
`12.843 acro tract
deseibed in volume
1155, page 604 of the
Brazoda County Deeds
of Record, saki 1.727
aae tract. of the land
also being situated in
and part of lots 21 and
22, of the W. Zychlinski
Subdivision, Battier 4,
E. B. Lyle Survey
Abstract no 543,
Brazoria County Texas.
`(Generally located at
.2070 Mykawa Road).
At saki herring, all inter-
ested partles shall have
the right and opportunity
to appear and be heard
on the subject.
Pubkel»d May 27 and
June 3, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
CONDITIONAL USE
PERMIT CASE N0.
2009-08
Notice le -hereby given
that on June 15, 2009,
at 8:30 p.m., the City
Council and Planning
and Zoning Commission
Angela Gantuah
Senkx Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77.581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No. ( Date
_3
20 ~~
" " No. Date
No. Date
. No. Date
No. Date
20
20
20
20
i
CFO
.,
Subscribe and sworn to before me this 7` day of
2O.0~ ~/~~,,~~~~r^~~B`~~ LAURA ANN EMMONS
•Nl ?~( )' Notary Public, State of Texas
''E O. ``' My Commission Expires 09-09-2010
Gt-h_e_
Laura Ann Emmons, Publisher
Notary Public, State of Texas
C,~~~P a OcS~ ~ rJ~
_ _._ __ ,
I~_i,fas,~f,~ S'
___---
PrtElshed Ir~j- ~ and
June 3, 2003
NOTICE OF,:, A JOINT
PUBS HEARINt3 OF
THE CITY; COUNCIL
AND 7HE PLANNING
AND ZONING COM-
MISSION .OF THE CITY
OF . PEARLAND,
TEXAS
CONDITIONAL .USE
PERMIT CASE NO
200408
Jospeh Inc, owner, for
approval of a conditional
use permit ,to allow a
gas station end retail
suites ir% the Light
Indushial ~-1~ Zoning
District, on-.the {slowing
described property, to
wit
~ppro~omately 1.73 acre
described in the
tlkautM County Glerk's
.fife No. 2007014638 and
being the .residue of
12.843 .acre tract
'descxibed'~ in volume
1155, page 604 of the
Brezoria County Deeds
of Record, said 1.727
acre tract of the land
also being situated in
and pert of lots 21 and
22, of the W. Zychlinski
Subdivision, Section 4,
E. B. Lyle Survey
' Abstract no 543,
Brazaia .County Texas.
Notiw is hereby. given (Generelly located at
that on June 15, 2009, 2070 Mykawa Road).
at -6.30 p.m:, the City
Council end Planning
and Zonhp Comrrdasion
of the Clgr of Pearlend,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public .heating M
the Council Chi
of Cfty Hall,., IoaMd at
36t9 Liberty Drive,
Peadend, Texas, on tM
'request of BM Dealgn
LLC, ~pNcant for JK
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Ganqut-
Sanbr Plantwr
Exhibit "D"
P8Z Recommendation Letter
Ordinance No. 2000CUP-32
Planning & ~Oaing Commission
Recommenda#ion Letter
June 16, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009-08
Honorable Mayor and City Council Members:
At their meeting of June 15, 2009, the Planning and Zoning Commission considered the
following:
Request of scribed BM Design LLC, applicant for JK Joseph Inc, owner, for
approval of a conditional use permit to allow a gas station and retail suites in the
Light Industrial (M-1) Zoning District, on the following described property:
LEGAL DESCRIPTION: Approximately 1.73 acre tract described in the
Brazoria County Clerk's file No. 2007014638 and being the residue of 12.843
acre tract described in volume 1155, page 604 of the Brazoria County Deeds of
Record, said 1.727 acre tract of the land also being situated in and part of lots 21
and 22, of the W. Zychlinski Subdivision, Section 4, E. B. Lyle Survey Abstract
no 543, Brazoria County Texas.
GENERAL LOCATION: Located at 2070 Mykawa Road.
At the Join Public Hearing, City Council stated they had the following concerns:
1. Clarify that this was a conditional use permit to permit a gas station with a
convenience store, a hair salon, and an insurance office only.
2. Detention needs to be commented on by Engineering.
3. Driveway access needs to be commented on by Engineering.
4. Clarify if the Traffic Impact Analysis was based upon data for the road before or
after the improvements to Mykawa Road and Orange Street.
5. General Traffic concerns in the area.
Page 1
At the Planning and Zoning Commission Meeting, Commission Member, Jerry Koza Jr.,
made a motion to approve the Conditional Use Permit (CUP). The motion was
seconded by Commission Member Ron Capehart. Commission Member Ron Capehart
then made a motion to amend the original motion with the following conditions:
1. Allow office uses as permitted within the M-1 zoning district or specifically a
barber shop, beauty shop, tanning studio as allowed by conditional use permit in
the M-1 Zoning district.
2. Applicant shall comply with all requirements of the current Unified Development
Code.
3. A site plan shall be submi#ted and approved by all City of Pearland Departments.
The amended motion was seconded by Commission Member Neil West. The vote was
1-4. Commission Member Ron Capehart voted in favor on the amended motion, and
Commission Members Susan Sherrouse, Neil West, Jerry Koza Jr., and Henry Fuentes
voted against. The motion failed. A vote was called for on the original motion. The vote
was 2-3 with Commission Members Susan Sherrouse, Jerry Koza Jr., and Henry
Fuentes voting against and Commission Members Neil West and Ron Capehart voting
in favor. The Conditional Use Permi# was denied.
For this conditional use permit (CUP) to be approved by the City Council, 4 votes in
favor (A super Majority) of the CUP would be required.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 2