Ord. CUP2015-13 2016-01-25Ordinance No. CUP 2015-13
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a winery in the General
Commercial (GC) zone, being the North one-half of Lot 47 of the
Subdivision of Section 85, H.T.B.B. Railroad Company Survey, Abstract No.
304, in Brazoria County. Texas; being that same tract of land as described in
the deed to Thomas a, Amundsen recorded in Volume 91960. Page 139,
Deed Records of Brazoria County. Texas. (Located at 2635 Miller Ranch
Road, Pearland, TX.) Conditional Use Permit Application No 2015-13, within
the General Commercial (GC) zoning district, at the request of Jimmy
Aranda. applicant; on behalf of Tom Amundsen, owner. containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Jimmy Aranda, applicant: on behalf of Tom Amundsen, owner; is
requesting approval of a Conditional Use Permit (CUP) to allow for a winery use on
approximately 4.441 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 141" day of December 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 14th day of December 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 winery use on approximately 4.441
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 11"' day of January 2016
and the 25th day of January 2016: 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 Jimmy Aranda, applicant; on behalf of Tom Amundsen, owner; for
approval of a Conditional Use Permit on approximately 4.441 acres of land to allow for a
winery 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 winery use. 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 the North one-half of Lot 47 of the Subdivision of
Section 85, H.T.B.B. Railroad Company Survey, Abstract No. 304, in Brazoria
County. Texas: being that same tract of land as described in the deed to Thomas
a. Amundsen recorded in Volume 91960. Page 139, Deed Records of Brazoria
County. Texas.
General Location: 2635 Miller Ranch 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
Ord. No CUP2015-13
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.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of
January, 2016.
ATTEST:
)011
TOM REID
MAYOR
Ord. No CUP2015-13
PASSED. APPROVED. and ADOPTED on Second and Final Reading this 25th
day of January. 2016.
ATTEST:
G, T
Y SES'ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Ord. No CUP2015-13
Ordinance No. CUP2015-13
Exhibit "A"
Exhibit A
Legal Description
Being the North one-half of Lot 47 of the Subdivision of Section 85, H.T.B.B.
Railroad Company Survey. Abstract No. 304. in Brazoria County, Texas; being that
same tract of land as described in the deed to Thomas a, Amundsen recorded in
Volume 91960. Page 139. Deed Records of Brazoria County, Texas.
Ord. No CUP2015-13
Ordinance No. CUP2015-13
Exhibit "8"
Exhibit B
Vicinity Map
Exhibit B
AERIAL MAP
CUP 2015-13
2635 Miller Ranch Rd.
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fu Mtbt eeps.mK... emeemt pups= G
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PLANNING DtPAP 'MINT
Ord. No CUP2015-13
Ordinance No. CUP 2015-13
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, CUP Application
No. 2015-13, a true copy of which is hereto annexed was published in said newspapers in its issue(s) of
November 26, 2015.
Sworn to a
sub cribed b;re me this:G
Notary •lic
My commission expires on
ncoci-j_
her's Representative
day otctate , 2015.
3wes3o,-2_oil%
P >:8., TAYLOR ENGELHARDT
° A *.cNotary Public, State of Texas
•- My Commission Expires
`""...... June 30, 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:
2015-13
Notice is hereby given that on December 14, 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 Jimmy
Aranda, applicant; on behalf of Tom Amundsen, owner; for
approval of a Conditional Use Permit (CUP) to allow for a
Winery in the General Commercial (GC) zoning district;
on approximately 4.441 acres of land, to wit:
Being the North one-half of Lot 47 of the Subdivision of
Section 85, H.T.B.B. Railroad Company Survey, Abstract
No. 304, in Brazoria County, Texas; being that same tract
of land as described in the deed to Thomas Amundsen
recorded in Volume 91960, Page 139, Deed Records of
Brazoria County, Texas.
General Location: 2635 Miller Ranch 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
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 NUMBER:
2015-13
Notice is hereby given that on December 14, 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 Jimmy
Aranda, applicant; on behalf of Tom Amundsen, owner; for
approval of a Conditional Use Permit (CUP) to allow for a
Winery in the General Commercial (GC) zoning district;
on approximately 4.441 acres of land, to wit:
Being the North one-half of Lot 47 of the Subdivision of
Section 85. H.T.B.B. Railroad Company Survey, Abstract
No. 304, in Brazona County, Texas; being that same tract
of land as described in the deed to Thomas Amundsen
recorded in Volume 91960, Page 139, Deed Records of
Brazoria County, Texas.
General Location: 2635 Miller Ranch 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 CUP2015-13
Ordinance No. CUP2015-13
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
December 15. 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-13
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 Jimmy Aranda, applicant: on behalf of Tom Amundsen, owner: for approval
of a Conditional Use Permit (CUP) to allow for a winery in the General Commercial (GC)
zoning district; on approximately 4.441 acres of land, to wit:
Legal Description: Being the North one-half of Lot 47 of the Subdivision of Section 85,
H.T.B.B. Railroad Company Survey, Abstract No. 304, in Brazoria County, Texas; being
that same tract of land as described in the deed to Thomas a, Amundsen recorded in
Volume 91960, Page 139, Deed Records of Brazoria County, Texas.
General Location: 2635 Miller Ranch Road, Pearland, TX
P&Z Commissioner Mary Starr made a motion to approve the CUP request; the motion was
seconded by P&Z Commissioner Derrell Isenberg. The motion was approved 7-0.
Commissioners Isenberg, Starr, Pradia, McFadden, Duncan, Selsky, and Tunstall all voted in
favor of the requested CUP.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Ord. No CUP2015-13