Ord. 2014CUP-04 2014-08-11 Ordinance No. CUP 2014-04
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP), for certain property, being legally described as a
tract or parcel containing 1.1019 acres or 47,999 square feet of land, out of a
called 9.993 acre tract situated in the H.T. & B.R.R. CO. Survey, Abstract No.
506, Brazoria County, Texas Conveyed to the Old Place, Inc. as recorded in the
Brazoria County Clerk's File No. 97-001270, Brazoria County, Texas, the parent
tract being located at the northwest corner of Broadway Street and Hillhouse
Road, Pearland, TX., for Conditional Use Permit Application No. CUP2014-04, to
allow for the construction of an Auto Wash (Self Service), with the General
Business (GB) zoning district; at the request of Chan Patel with Sparkles
Express, applicant; on behalf of The Old Place, Inc., owner; containing a savings
clause, a severability clause and an effective date and other provisions
related to the subject.
WHEREAS, Chan Patel with Sparkles Express, applicant; on behalf of The Old
Place, Inc., owner; is seeking approval of a Conditional Use Permit (CUP) to allow for
an Auto Wash (Self Service) within the General Business (GB) zoning district, on
approximately 1.10 acres of land on; said property being legally described in the original
application for amendment attached hereto and made a part hereof for all purposes as
Exhibit "A" and more graphically depicted in the location map identified as Exhibit "B"
and the site plan identified as Exhibit "C"; and
WHEREAS, on the 19th day of May, 2014, 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 "D", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 8th day of July, 2014, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
conditional use permit application of Chan Patel with Sparkles Express, applicant; on
behalf of The Old Place, Inc., owner; to allow for the construction of an Auto Wash (Self
Service) on 1.1 acres of land out of a called 9.993 acres, said recommendation attached
hereto and made a part hereof for all purposes as Exhibit "E"; 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 28th day of July 2014 and
the 11th day of August 2014; 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 Chan Patel with Sparkles Express, applicant; on behalf of The Old
Place, Inc., owner; to allow for the construction of an Auto Wash (Self Service) on 1.1
acres of land out of a called 9.993 acres of land, 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 located within the General
Business (GB) zoning district, is hereby granted a conditional use permit to allow for an
Auto Wash (Self Service) in said zoning district and consistent with the attached site
plan; such property being more particularly described as:
A tract or parcel containing 1.1019 acres or 47,999 square feet of land, out of a
called 9.993 acre tract situated in the H.T. & B.R.R. CO. Survey, Abstract No.
506, Brazoria County, Texas Conveyed to the Old Place, Inc. as recorded in the
Brazoria County Clerk's File No. 97-001270, Brazoria County, Texas
GENERAL LOCATION: Approximately 1.1 acres of land included in a larger
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Ord. No. CUP 2014-04
tract of land located at the northwest corner of Broadway Street and Hillhouse Road,
Pearland, Texas
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 and to the
City Council 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 Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 28th day of July, 2014.
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Ord. No. CUP 2014-04
TOM REID
MAYOR
ATTEST:
j UNG •'—ING, 9' 1V1/ _ ,°.
Y SE LP'ETARY
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th
day of August, 2014.
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TOM REID
MAYOR
ATTEST: 1111111 f,,,
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UNG IN C _ i ;•
YS: •RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No. CUP 2014-04
Ordinance No. CUP 2014-04
Exhibit "A"
Exhibit A
Legal Description
A tract or parcel containing 1.1019 acres or 47,999 square feet of land, out of a
called 9.993 acre tract situated in the H.T. & B.R.R. CO. Survey, Abstract No. 506,
Brazoria County, Texas Conveyed to the Old Place, Inc. as recorded in the Brazoria
County Clerk's File No. 97-001270, Brazoria County, Texas
Page 5 of 10
Ord. No. CUP 2014-04
Ordinance Na CUP 2014-04
Exhibit "C"
Exhibit C
Site Plan
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Page 7 of 10
Ord. No. CUP 2014-04
Ordinance No. CUP 2014-04
Exhibit "D"
Exhibit D
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 (CUP) APPLICATION NO. CUP 2014-04
Notice is hereby given that on May 19, 2014 at 6:30 p.m., the City
Council and Planning and Zoning Commission of the City of Pear land,
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, Pear land, Texas, at the request of Chan Patel with
Sparkles Express, applicant; on behalf of The Old Place, Inc., owner; for
approval of a Conditional Use Permit (CUP) to allow for an Auto Wash
(Self Service), on approximately 1 .10 acres of land, more specifically
described as:
A tract or parcel containing 1.1019 acres or 47,999 square feet of
land, out of a called 9.993 acre tract situated in the H.T. & B.R.R.
CO. Survey. Abstract No. 506, Brazoria County, Texas Conveyed to
the Old Place. Inc. as recorded in the Brazoria County Clerk's File
No. 97-001270, Brazoria County.Texas
General Location: Approximately 1.1 acres of land included in a
larger tract located at the northwest corner of
Broadway Street and
Hillhouse Road
Pear land, 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.
Johnna Matthews
City Planner
Page 8 of 10
Ord. No. CUP 2014-04
Ordinance No. CUP 2014-04
Exhibit "E"
Exhibit E
Planning and Zoning Commission Recommendation Letter
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Plannin g & Zonin g Commission
July 8, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit Application No. CUP 2014-04
Honorable Mayor and City Council Members:
At their regular meeting on July 7, 2014, the Planning and Zoning Commission
considered the following:
A request of Chan Patel with Sparkles Express, applicant; on behalf of The Old
Place, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for an
Auto Wash (Self Service) within the General Business (GB) zoning district, on
approximately 1.10 acres of land on the following described property, to wit:
Legal Description: A tract or parcel containing 1.1019 acres or 47,999 square
feet of land, out of a called 9.993 acre tract situated in the H.T. & B.R.R. CO.
Survey, Abstract No. 506, Brazoria County, Texas Conveyed to the Old Place,
Inc. as recorded in the Brazoria County Clerk's File No. 97-001270, Brazoria
County, Texas
General Location: Approximately 1.1 acres of land included in a larger tract of
land located at the northwest corner of Broadway Street and Hillhouse Road,
Pearland, Texas
The Planning and Zoning Commission reviewed the proposed site plan and
Commissioner Elizabeth McLane made a motion to approve the Conditional Use
Page 9 of 10
Ord. No. CUP 2014-04
Permit. The motion was seconded by Commissioner Mary Starr. The motion passed
(6-0).
Sincerely,
Johnna Matthews
City Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No. CUP 2014-04
Ordinance No. CUP 2014-04
Exhibit "B"
Exhibit B
Location Map
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Ord. No. CUP 2014-04