Ord. CUP2015-01 2015-04-27Ordinance No. CUP 2015-01
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an exemption to the facade
requirements for an existing structure, for certain property, being lot Six
(6) and the North 12.5 feet of lot Seven (7) in block Six (6). of Hickory Creek
Place. a subdivision in Brazoria County, Texas according to the map or plat
thereof. recorded in Volume 11. Page 1 of the Plat Records of Brazoria
County, Texas. (Located at 2125 Garden Road, Pearland, TX), Conditional
Use Permit Application No 2015-01. within the Garden/O'Day — Mixed Use
(G/O-MU) zoning district, at the request of Ben Searway, applicant: on behalf
of SW40. LLC. owner: containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
WHEREAS, Ben Searway, applicant; on behalf of SW40, LLC, owner; is
requesting approval of a Conditional Use Permit (CUP) for an exemption to the facade
requirements for an existing structure on approximately 0.568 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 16th day of March 2015, 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 16th day of March 2015. the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit for an exemption to the facade requirements for an
existing structure on approximately 0.568 acres of a 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 13th day of April 2015
and the 27th day of April 2015; 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 Ben Searway, applicant; on behalf of SW40, LLC, owner: for
approval of a Conditional Use Permit on approximately 0.568 acres of land to allow for
an exemption to the facade requirements for an existing structure: 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
Garden/O'Day — Mixed Use (G/O-MU) zoning district, is hereby granted a Conditional
Use Permit to allow for an exemption to the facade requirements for an existing
structure. to allow an alternative material (polyurethane faux brick) subject to all
requirements of the G/O-MU zoning district. in accordance with all conditions and
requirements of the current Unified Development Code and incorporated for all
purposes, such property being more particularly described as:
LEGAL DESCRIPTION: Being lot Six (6) and the North 12.5 feet of lot Seven (7)
in block Six (6). of Hickory Creek Place. a subdivision in Brazoria County. Texas
according to the map or plat thereof, recorded in Volume 11, Page 1 of the Plat
Records of Brazoria County, Texas
Page 2 of 9
Ord. No CUP 2015-01
GENERAL LOCATION: 2125 Garden Road, 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.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
2015.
PASSED, APPROVED, and ADOPTED on First Reading this 13'" day of April,
TOM REID
MAYOR
Page 3 of 9
Ord. No CUP 2015-01
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of April, 2015.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
'c==::) -r411
TOM REID
MAYOR
Page 4 of 9
Ord. No CUP 2015-01
Ord. No. CUP2015-01
Exhibit "A"
Exhibit A
Legal Description
Being lot Six (6) and the North 12.5 feet of lot Seven (7) in block Six (6), of Hickory
Creek Place, a subdivision in Brazoria County, Texas according to the map or plat
thereof, recorded in Volume 11, Page 1 of the Plat Records of Brazoria County, Texas.
Page 5 of 9
Ord. No CUP 2015-01
Ord. No. CUP2015-01
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP No. 2015-01
2125 Garden Rd.
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Page 6 of 9
Ord. No CUP 2015-01
Ord. No. CUP2015-01
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of January 29, 2015.
SARAH REBECCA FERGUSON
' MY COMMISSION EXPIRES
January 17, 2016
Sworn to and subscribed before me this
S ,CI,cQ '12, G aGGCQ- 1•6f 0
Notary Public
My commission expires on ) • 1 ' J (,
blisher's Representative
day of .eb • , 2015.
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 NO:
CUP 2015-01
Notice is hereby given that on February 16, 2015 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
hearing in the Council Chambers of City Hall, located at
3519 Liberty Drive, Pearland, Texas, at the request of Ben
Searway, applicant; on behalf of SW40, LLC, owner; for
approval of a Conditional Use Permit (CUP) to allow for an
alternative facade material for an existing structure located
in the Garden/O'Day — Mixed Use (G/O-MU) district on
approximately .568 acres of land, to wit:
Being lot Six (6) and the North 12.5 feet of lot Seven (7)
in block Six (6), of Hickory Creek Place, a subdivision
in Brazoria County, Texas according to the map or plat
thereof, recorded in Volume 11, Page 1 of the Plat
Records of Brazoria County, Texas.
General Location: 2125 Garden 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.
Ian Clowes
Senior Planner
Ord. No. CUP2015-01
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of February 26, 2015.
Publisher's Representative
Sworn to and subscribed before me this =7R 714 day of / C rJ r11 4: %2015.
a fA
Notary Public
My commission expires on
c?.!'! ?cm.,,
?r
: `�
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MARILYN ZARATE
Notary Public. Stole of Texas
My Commission Exp,,es
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September 07, 2016
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 NO: CUP 2015-01
Notice is hereby given that on March 16, 2015 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 hearing in the Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of Ben
Searway, applicant; on behalf of SW40, LLC, owner; for approval
of a Conditional Use Permit (CUP) for an exemption to the facade
requirements for an existing structure located in the Garden/O'Day
— Mixed Use (G/0 -MU) district on approximately .568 acres of land,
to wit:
Being lot Six (6) and the North 12.5 feet of lot Seven (7) in block
Six (6), of Hickory Creek Place, a subdivision in Brazoria County,
Texas according to the map or plat thereof, recorded in Volume
11, Page 1 of the Plat Records of Brazoria County, Texas.
General Location: 2125 Garden 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.
lan Clowes
Senior Planner
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 N0: CUP 2015-01
Notice is hereby given that on March 16, 2015 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 hearing in the Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of Ben
Searway, applicant; on behalf of SW40, LLC, owner; for approval
of a Conditional Use Permit (CUP) for an exemption to the facade
requirements for an existing structure located in the Garden/O'Day
— Mixed Use (G/O-MU) district on approximately .568 acres of land,
to wit:
Being lot Six (6) and the North 12.5 feet of lot Seven (7) in block
Six (6), of Hickory Creek Place, a subdivision in Brazoria County,
Texas according to the map or plat thereof, recorded in Volume
11, Page 1 of the Plat Records of Brazoria County, Texas.
General Location: 2125 Garden 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 281-662-1766.
Ian Clowes
Senior Planner
Page 7 of 9
Ord. No CUP 2015-01
Ord. No. CUP2015-01
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
March 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-01
Honorable Mayor and City Council Members:
At their regular meeting on March 16, 2015, the Planning and Zoning Commission
considered the following:
A request of Ben Searway, applicant; on behalf of SW40, LLC, owner; for
approval of a Conditional Use Permit (CUP) for an exemption to the facade
requirements for an existing structure located in the Garden/O'Day — Mixed Use
(G/O-MU) district on approximately .568 acres of land, on the following described
property:
LEGAL DESCRIPTION: Being lot Six (6) and the North 12.5 feet of lot Seven (7)
in block Six (6), of Hickory Creek Place, a subdivision in Brazoria County, Texas
according to the map or plat thereof, recorded in Volume 11, Page 1 of the Plat
Records of Brazoria County, Texas
GENERAL LOCATION: 2125 Garden Road, Pearland, TX
P&Z Commissioner Mary Starr made a motion to recommend approval of the CUP
request. The motion was seconded by P&Z Commissioner Thomas Duncan. The vote
Page 8 of 9
Ord. No CUP 2015-01
was 5-0 and the motion was approved. Commissioners Reed, Starr, McLane, Fuertes
and Duncan all voted to approve the requested CUP.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No CUP 2015-01