Ord. CUP2015-12 2015-12-14Ordinance No. CUP 2015-12
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a fuel station and
convenience store, being a tract or parcel containing 1.8712 acres of land,
being all of Lot 1, Block 1, Stripes Pearland, Map or Plat thereof recorded
under Brazoria County Clerks File (B.C.C.F.) No. 2015042573, situated in
the A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas; and
being a tract or parcel containing 0.4592 acres of land being all of Restricted
Reserve "A", Block 1, Stripes Pearland, Map or Plate thereof recorded under
Brazoria County Clerks File (B.C.C.F.) No. 2015042573, situated in the
A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas.(Located at
3808 S. Main Street, Pearland, TX.) Conditional Use Permit Application No
2015-12, within the General Commercial (GC) zoning district, at the request
of Windrose Land Services, Inc., applicant; on behalf of T&B Alexander
Family LTD Partnership, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Windrose Land Services, Inc., applicant; on behalf of T&B
Alexander Family LTD Partnership, owner: is requesting approval of a Conditional Use
Permit (CUP) to allow for a fuel station and convenience store use on approximately
2.3304 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 November 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 November 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit to allow for a fuel station and convenience store use
on approximately 2.3304 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 7th day of December 2015
and the 14th day of December 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 Windrose Land Services, Inc., applicant; on behalf of T&B
Alexander Family LTD Partnership, owner; for approval of a Conditional Use Permit on
approximately 2.3304 acres of land to allow for a fuel station and convenience store
use; 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
a fuel station and convenience store use, 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: A tract or parcel containing 1.8712 acres of land, being all of
Lot 1, Block 1, Stripes Pearland, Map or Plat thereof recorded under Brazoria
Page 2 of 10
Ord. No CUP 2015-12
County Clerks File (B.C.C.F.) No. 2015042573, situated in the A.C.H. & B.
Survey, Abstract No. 507, Brazoria County, Texas; and being a tract or parcel
containing 0.4592 acres of land being all of Restricted Reserve "A", Block 1,
Stripes Pearland, Map or Plate thereof recorded under Brazoria County Clerks
File (B.C.C.F.) No. 2015042573, situated in the A.C.H. & B. Survey, Abstract No.
507, Brazoria County, Texas.
General Location: 3808 S. Main Street, 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.
Page 3 of 10
Ord. No CUP 2015-12
PASSED, APPROVED, and ADOPTED on First Reading this 7th day of
December, 2015.
ATTEST:
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TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of December, 2015.
ATTEST:
JNG �/ FINC3
Y SERETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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Page 4 of 11
Ord. No CUP 2015-12
ORDINANCE NO. CUP 2015-12
Exhibit "A"
Exhibit A
Legal Description
A tract or parcel containing 1.8712 acres of land, being all of Lot 1, Block 1. Stripes
Pearland, Map or Plat thereof recorded under Brazoria County Clerks File (B.C.C.F.)
No. 2015042573. situated in the A.C.H. & B. Survey, Abstract No. 507, Brazoria
County, Texas; and being a tract or parcel containing 0.4592 acres of land being all
of Restricted Reserve "A", Block 1. Stripes Pearland, Map or Plate thereof recorded
under Brazoria County Clerks File (B.C.C.F.) No. 2015042573, situated in the A.C.H.
& B. Survey. Abstract No. 507. Brazoria County, Texas.
Page 5 of 10
Ord. No CUP 2015-12
ORDINANCE NO. CUP 2015-12
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 2015-12
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Page 6 of 10
Ord. No CUP 2015-12
ORDINANCE NO. CUP 2015-12
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 CUP Appli. #2015-12 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of October 29, 2015.
Publisher's Representative
Sworn to and subscribed before me this -- day of/VJIdzg/hit, 2015.
/774 p/t_.>?5Z11
Notary Public/
My commission expires on `'`'i" 7 L! ,,7o/
• MARILYN ZARATE
eci: Notary Public. State of Texas
:
."e My Commission Expires
'-.;,;;f.'September 07, 2018
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 NUMBER:
2015-12
Notice is hereby given that on November 16, 2015 at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion of the City of Pearland, in Brazoria, Hams and Fort
Bend Counties, Texas, will conduct a joint public hearing in
the Council Chambers of City Hall, located at 3519 Liberty
Dnve, Pearland, Texas, at the request of Windrose Land Ser-
vices, Inc., applicant; on behalf of T&B alexander Family LTD
Partnership, owner; for approval of a Conditional Use Permit
(CUP) to allow for a fuel station and convenience store in the
General Commercial (GC) zoning distract; on approximately
2.3304 acres of land, to wit:
A tract or parcel containing 1.8712 acres of land, being all
of Lot 1, Block 1, Stripes Pearland, Map or Plat thereof re-
corded under Brazoria County Clerks File (B.C.C.F.) No.
2015042573, situated in the A.C.H. & B. Survey, Abstract
No. 507, Brazoria County, Texas; and being a tract or parcel
containing 0.4592 acres of land being all of Restricted Re-
serve "A", Block 1, Stripes Pearland, Map or Plate thereof
recorded under Brazoria County Clerks File (B.C.C.F.) No.
2015042573, situated in the A.C.H. & B. Survey, Abstract No.
507, Brazoria County Texas.
General Location: 3808 S. 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 ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Ian Clowes
Senior Planner
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AN D
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
2015-12
Notice is hereby given that on November 16, 2015 at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion 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 Windrose Land Ser-
vices, Inc., applicant; on behalf of T&B alexander Family LTD
Partnership, owner: for approval of a Conditional Use Permit
(CUP) to allow for a fuel station and convenience store in the
General Commercial (GC) zoning district; on approximately
2.3304 acres of land, to wit:
A tract or parcel containing 1.8712 acres of land, being all
of Lot 1, Block 1, Stripes Pearland, Map or Plat thereof re-
corded under Brazoria County Clerks File (B.C.C.F.) No.
2015042573, situated in the AC.H. & B. Survey, Abstract
No. 507, Brazoria County, Texas; and being a tract or parcel
containing 0.4592 acres of land being all of Restricted Re-
serve "A", Block 1, Stripes Pearland, Map or Plate thereof
recorded under Brazoria County Clerks File (B.C.C.F.) No.
2015042573. situated in the A.C.H. & B. Survey, Abstract No.
507, Brazoria County Texas.
General Location: 3808 S. 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 ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Ian Clowes
Senior Planner
Page 7 of 10
Ord. No CUP 2015-12
ORDINANCE NO. CUP 2015-12
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
November 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-12
Honorable Mayor and City Council Members:
At their regular meeting on November 16. 2015. the Planning and Zoning Commission
considered the following:
A request of Windrose Land Services, Inc., applicant: on behalf of T&B alexander
Family LTD Partnership, owner; for approval of a Conditional Use Permit (CUP)
to allow for fuel station and convenience store in the General Commercial (GC)
zoning district: on approximately 2.3304 acres of land, to wit:
Legal Description: A tract or parcel containing 1.8712 acres of land, being all of
Lot 1. Block 1. Stripes Pearland. Map or Plat thereof recorded under Brazoria
County Clerks File (B.C.C.F.) No. 2015042573. situated in the A.C.H. & B.
Survey. Abstract No. 507. Brazoria County. Texas: and being a tract or parcel
containing 0.4592 acres of land being all of Restricted Reserve "A". Block 1.
Stripes Pearland. Map or Plate thereof recorded under Brazoria County Clerks
File (B.C.C.F.) No. 2015042573, situated in the A.C.H. & B. Survey, Abstract No.
507, Brazoria County, Texas.
General Location: 3808 S. Main Street. Pearland. TX
P&Z Commissioner Derrell Isenberg made a motion to approve the CUP request: the
motion was seconded by P&Z Commissioner Mary Starr. The motion was approved 5 -
Page 8 of 10
Ord. No CUP 2015-12
0. Commissioners Isenberg. Starr. Pradia, McFadden, and Tunstall all voted in favor of
the requested CUP.
Sincerely,
c -‘2K -A_
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 2015-12
ORDINANCE NO. CUP 2015-12
Exhibit "E"
Exhibit E
Site Plan
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Page 10 of 10
Ord. No CUP 2015-12