Ord. CUP2015-06 2015-06-22 FAILEDOrdinance No. CUP 2015-06
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an e -cigarette tenant
classified as Cigars, Tobacco Shop (Retail Only), for certain property,
Being a certain Tract out of Tract "A", on the Final Plat of West Side Plaza, A
Subdivision of Brazoria County, Texas, According to the Map or Plat thereof
recorded in Volume 17, Pages 279-280, Plat Records, Brazoria County,
Texas. (Located at 5074 Broadway Street, Pearland, TX), Conditional Use
Permit Application No 2015-06, within the Neighborhood Services (NS)
zoning district, at the request of Ronny Hect, applicant; on behalf of
Westside SC Pearland, Ltd., owner; containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject..
WHEREAS, Ronny Hect, applicant; on behalf of Westside SC Pearland, Ltd.,
owner; is requesting approval of a Conditional Use Permit (CUP) to allow for an e -
cigarette tenant classified as Cigars, Tobacco Shop (Retail Only), on approximately
5.044 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 e -cigarette tenant classified as Cigars, Tobacco
Shop (Retail Only) on approximately 5.044 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 Ronny Hect, applicant; on behalf Westside SC Pearland, LTD.,
owner; for approval of a Conditional Use Permit on approximately 5.044 acres of land to
allow for an e -cigarette tenant classified as Cigars, Tobacco Shop (Retail Only):
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
Neighborhood Services (NS) zoning district, is hereby granted a Conditional Use Permit
to allow for an e -cigarette tenant classified as Cigars. Tobacco Shop (Retail Only),
subject to all requirements of the GC zoning district, 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 a certain Tract out of Tract "A", on the Final Plat
of West Side Plaza, A Subdivision of Brazoria County, Texas, According to the
Map or Plat thereof recorded in Volume 17, Pages 279-280, Plat Records,
Brazoria County, Texas.
GENERAL LOCATION: 5074 Broadway Street, Pearland, Pearland, TX
Page 2 of 10
Ord. No CUP 2015-06
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
Page 3 of 10
Ord. No CUP 2015-06
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of June, 2015.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No CUP 2015-06
Ordinance No. CUP 2015-06
Exhibit "A"
Exhibit A
Legal Description
Being a certain Tract out of Tract "A", on the Final Plat of West Side Plaza, A
Subdivision of Brazoria County, Texas, According to the Map or Plat thereof recorded in
Volume 17, Pages 279-280, Plat Records, Brazoria County, Texas.
Page 5 of 10
Ord. No CUP 2015-06
Ordinance No. CUP 2015-06
Exhibit "8"
Exhibit B
Vicinity Map
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Exhibit 1
AERIAL MAP
CUP 2015-06
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Page 6 of 10
Ord. No CUP 2015-06
Ordinance No. CUP 2015-06
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 ,)
A7)A,O/L
Notary Public
My commission expires on
ublisher's Representative
day of Aprd , 2015.
sg+P`'= SARAH REBECCA FERGUSON
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=,;9 '� January 17, 2016
Legal Notices
Legal Notices
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 2015-06
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 Ronny Hecht,
applicant; on behalf of Westside SC Pearland, Ltd., owner;
for approval of a Conditional Use Permit (CUP) to allow for
an e -cigarette tenant classified as Cigars, Tabaco Shop
(Retail Only) to occupy in the Neighborhood Service (NS)
zoning district on approximately 5.044 acres of land, to wit:
Being a certain Tract out of Tract "A", on the Final Plat of
West Side Plaza, A Subdivision of Brazoria County, Texas,
According to the Map or Plat thereof recorded in Volume
17, Pages 279-280, Plat Records, Brazoria County, Texas.
General Location: 5074 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.
Ian Clowes
Interim City 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 NO: CUP
2015-06
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 Ronny Hecht,
applicant; on behalf of Westside SC Pearland, Ltd., owner;
for approval of a Conditional Use Permit (CUP) to allow for
an e -cigarette tenant classified as Cigars, Tabaco Shop
(Retail Only) to occupy in the Neighborhood Service (NS)
zoning district on approximately 5.044 acres of land, to wit:
Being a certain Tract out of Tract "A", on the Final Plat of
West Side Plaza, A Subdivision of Brazoria County, Texas,
According to the Map or Plat thereof recorded in Volume
17, Pages 279-280, Plat Records, Brazoria County, Texas.
General Location: 5074 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.
Ian Clowes
Interim City Planner
Page 7 of 10
Ord. No CUP 2015-06
Ordinance No. CUP 2015-06
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 2015-06
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 Ronny Hecht, applicant; on behalf of Westside SC Pearland, Ltd.,
owner; for approval of a Conditional Use Permit (CUP) to allow for an e -cigarette
tenant classified as Cigars, Tabaco Shop (Retail Only) to occupy in the
Neighborhood Service (NS) zoning district on approximately 5.044 acres of land,
on the following described property:
LEGAL DESCRIPTION: Being a certain Tract out of Tract "A", on the Final Plat
of West Side Plaza, A Subdivision of Brazoria County, Texas, According to the
Map or Plat thereof recorded in Volume 17, Pages 279-280, Plat Records,
Brazoria County, Texas.
GENERAL LOCATION: 5074 Broadway 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 0-4 and the motion was denied. Commissioners Reed, Starr, Tunstall, and Duncan
all voted in opposition of the requested CUP.
Page 8 of 10
Ord. No CUP 2015-06
Sincerely,
Ian Clowes
Interim City Planner
On behalf of the Planning and Zoning Commission
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Ord. No CUP 2015-06
Ordinance No. CUP 2015-06
Exhibit "E"
Exhibit E
Site Plan
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Ord. No CUP 2015-06