Ord. CUP2015-05 2015-06-22Ordinance No. CUP 2015-05
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an Auto Parts Sales (Indoors
Only; With Repair Bays) facility, for certain property, Being Lots 7 and 8,
Thomas and Gilbert Industrial Tracts, a Subdivision of part of Lot 113. A.C.H.
& B. Survey, Section 1, Abstract No. 147, Brazoria County, Texas. (Located
north of Swensen Drive, east of Main Street, Pearland, TX), Conditional
Use Permit Application No 2015-05, within the General Commercial (GC)
zoning district, at the request of Robert M. Atkinson, applicant; on behalf of
MVN Investment LLC, owner; containing a savings clause, a severability
clause. and an effective date and other provisions related to the subject.
WHEREAS, Robert M. Atkinson, applicant; on behalf of MVN Investment LLC,
owner; is requesting approval of a Conditional Use Permit (CUP) to allow for an Auto
Parts Sales (Indoors Only; With Repair Bays) facility on approximately 0.41 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 18th day of May 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 18th day of May 2015, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
Conditional Use Permit to allow for an Auto Parts Sales (Indoors Only; With Repair
Bays) facility on approximately 0.41 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 8th day of June 2015 and
the 22nd day of June 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 Robert M. Atkinson, applicant; on behalf MVN Investment LLC,
owner; for approval of a Conditional Use Permit on approximately 0.41 acres of land to
allow for an Auto Parts Sales (Indoors Only; With Repair Bays) facility; 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 to allow for
the construction for an Auto Parts Sales (Indoors Only; With Repair Bays) facility.
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 Council and incorporated for all purposes, such property being
more particularly described as:
LEGAL DESCRIPTION: Being Lots 7 and 8. Thomas and Gilbert Industrial
Tracts, a Subdivision of part of Lot 113, A.C.H. & B. Survey. Section 1. Abstract
No. 147. Brazoria County, Texas.
GENERAL LOCATION: North of Swensen Drive, east of Main Street, Pearland,
TX
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Ord. No CUP 2015-05
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 8th day of June.
TOM REID
MAYOR
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Ord. No CUP 2015-05
ATTEST:
Y NG LO
Y SEC
TARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of June, 2015.
ATTEST:
UNG /1
INC
Y Sr PRETAR'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Ord. No CUP 2015-05
Ordinance No. CUP 2015-05
Exhibit "A"
Exhibit A
Legal Description
Being Lots 7 and 8, Thomas and Gilbert Industrial Tracts, a Subdivision of part of Lot
113, A.C.H. & B. Survey, Section 1, Abstract No. 147, Brazoria County, Texas.
Page 5 of 10
Ord. No CUP 2015-05
Ordinance No. CUP 2015-05
Exhibit "8"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 2015-05
Swensen Rd.
East of Main St.
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May 2015
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Ord. No CUP 2015-05
Ordinance No. CUP 2015-05
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 April 30, 2015.
Sworn to and subscribed before me this , D day of
Notary Public
My commission expires on 1 ' CQ
Ll
AQfi
ublisher's Representative
, 2015.
.s SARAH REBECCA FERGUSON
MY COMMISSION EXPIRES
January 17, 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 2015-05
Notice is hereby given that on May 18, 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 Robert M.
Atkinson, applicant; on behalf of MVN Investment LLC,
owner; for approval of a Conditional Use Permit (CUP) to
allow for an Auto Parts Sales (Indoors Only; With Repair
Bays) facility located within the General Commercial (GC)
zoning district on approximately .41 acres of land, to wit:
Being Lots 7 and 8, Thomas and Gilbert Industrial Tracts, a
Subdivision of part of Lot 113, A.C.H. & B. Survey, Section
1, Abstract No. 147, Brazoria County, Texas.
General Location: North of Swenson Drive, east of Main
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.
Ian Clowes
Interim City Planner
I
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 NO:CUP
2015-05
Notice is hereby given that on May 18, 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 Robert M.
Atkinson, applicant; on behalf of MVN Investment LLC,
owner; for approval of a Conditional Use Permit (CUP) to
allow for an Auto Parts Sales (Indoors Only; With Repair
Bays) facility located within the General Commercial (GC)
zoning district on approximately .41 acres of land, to wit:
Being Lots 7 and 8, Thomas and Gilbert Industrial Tracts, a
Subdivision of part of Lot 113, A.C.H. & B. Survey, Section
1, Abstract No. 147, Brazoria County, Texas.
General Location: North of Swenson Drive, east of Main
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.
Ian Clowes
Interim City Planner
Page 7 of 10
Ord. No CUP 2015-05
Ordinance No. CUP 2015-05
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
May 19, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-05
Honorable Mayor and City Council Members:
At their regular meeting on May 18, 2015, the Planning and Zoning Commission
considered the following:
A request of Robert M. Atkinson, applicant; on behalf of MVN Investment LLC,
owner; for approval of a Conditional Use Permit (CUP) to allow for an Auto Parts
Sales (Indoors Only; With Repair Bays) facility located within the General
Commercial (GC) zoning district on approximately .41 acres of land, on the
following described property:
LEGAL DESCRIPTION: Being Lots 7 and 8, Thomas and Gilbert Industrial
Tracts, a Subdivision of part of Lot 113, A.C.H. & B. Survey, Section 1, Abstract
No. 147, Brazoria County, Texas.
GENERAL LOCATION: North of Swensen Drive, east of Main Street, Pearland,
TX
P&Z Commissioner Derrick Reed made a motion to recommend approval of the CUP
request. The motion was seconded by P&Z Commissioner Thomas Duncan. The vote
was 4-0 and the motion was approved. Commissioners Reed, Starr, Tunstall, and
Duncan all voted in favor of the requested CUP.
Page 8 of 10
Ord. No CUP 2015-05
Sincerely,
Ian Clowes
Interim City Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 2015-05
0
Exhibit E
Site Plan
Ordinance No. CUP 2015-05
Exhibit "E"
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F'e
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Ord. No CUP 2015-05