Ord. CUP2016-02 2016-03-14 FAILEDOrdinance No. CUP 2016-02
An ordinance of the City Council of the City of Pearland. Texas. approving a
Conditional Use Permit (CUP) to allow for a gasoline station and convenience
store in the General Business (GB) zone, being a tract or parcel containing 2.157
acres of land, being all of Lot 1. Block 1, JKJ Development recorded under Brazoria
County Clerks File (B.C.C.F.) No. 2008015246, and all of a called 0.65 acre tract as
described by deed recorded under B.C.C.F. No. 2013054148, situated in the R.B.
Lyle Survey, Sec. 4, A-543, City of Pearland, Brazoria County, Texas. (Located at
Northwest corner of Orange Street and Mykawa Road, Pearland, TX.)
Conditional Use Permit Application No 2016-02, within the General Business (GB)
zoning district. at the request of James Elmore, applicant; on behalf of Joseph and
Mathew John, owners, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, James Elmore. applicant: on behalf of Joseph and Mathew John,
owners; is requesting approval of a Conditional Use Permit (CUP) to allow for a fuel
station and convenience store on approximately 2.157 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 15th day of February 2016, 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 15th day of February 2016, 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 2.157 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 14th day of March,
2016 and the 28th day of March, 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 James Elmore. applicant: on behalf of Joseph and Mathew John.
owners; for approval of a Conditional Use Permit on approximately 2.157 acres of land
to allow for a fuel station and convenience 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
Business (GB) 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 GB 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 2.157 acres of land. being all of Lot
1, Block 1, JKJ Development recorded under Brazoria County Clerks File (B.C.C.F.)
No. 2008015246, and all of a called 0.65 acre tract as described by deed recorded
under B.C.C.F. No. 2013054148. situated in the R.B. Lyle Survey, Sec. 4, A-543,
City of Pearland, Brazoria County. Texas.
General Location: NW corner of Orange Street and Mykawa Road, Pearland, TX
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Ord. No CUP 2016-02
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.
2016.
PASSED, APPROVED, and ADOPTED on First Reading this 14?h day of March,
TOM REID
MAYOR
Page 3 of 9
Ord. No CUP 2016-02
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED. and ADOPTED on Second and Final Reading this 2810
day of March. 2016.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No CUP 2016-02
Ordinance No. CUP 2016-02
Exhibit "A"
Exhibit A
Legal Description
A tract or parcel containing 2.157 acres of land, being all of Lot 1, Block 1, JKJ
Development recorded under Brazoria County Clerks File (B.C.C.F.) No.
2008015246, and all of a called 0.65 acre tract as described by deed recorded under
B.C.C.F. No. 2013054148, situated in the R.B. Lyle Survey, Sec. 4, A-543, City of
Pearland, Brazoria County, Texas.
Page 5 of 9
Ord. No CUP 2016-02
Ordinance No. CUP 2016-02
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 2016-02
Mykawa Rd. a
Orange St.
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1 nch = 193 feet t
JANUARY :016 e
PLA\NIXG DLDAETY
Page 6 of 9
Ord. No CUP 2016-02
Ordinance No. CUP 2016-02
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 No. 2016-02,
a true copy of which is hereto annexed was published in said newspapers in its issue(s) of
January 28, 2016.
Publisher's Representative
Sworn to and subscribed before me this (*A_ day of7'(/ Z%ae• 2016.
tuti.�)t��`��riv�
Notary Public
My commission expires on
,,,"'''� MARILYN ZARATE
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Notory Public, State Of Texos
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nay Commission Expires
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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:
2016-02
Notice is hereby given that on February 15, 2016 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 Lib-
erty Drive, Pearland, Texas, at the request of James El-
more, applicant; on behalf of Joseph K. Joseph/Matthew
John, owners; for approval of a Conditional Use Permit
(CUP) to allow for Fuel Station in the General Commer-
cial (GC) zoning district; on approximately 2.157 acres of
land, to wit:
Being a subdivision of 2.157 acres of land being all of Lot
1, Block 1, JKJ Development Recorded under B.C.C.F.
No. 2008015246 and all of a called 0.65 acre tract as de-
scribed by deed Recorded under B.C.C.F. No. 2013054148
R.B. Lyle Survey, Sec. 4, A-543, City of Pearland, Brazoria
County, Texas.
General Location: NW Comer of Orange St. and Mykawa,
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.
Frankie Legaux
City Planner
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBUC HEARING
OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONOITIONAL USE PERMIT APPLICATION NUMBER
2016-02
Notice is hereby given that on February 15, 2016 at 630
p m the City Council and Planning anti Zoring Comrn -
von of the City of Peartand. in Brazorto, Harris and Fort
Bend Counties, Texas, wdt conouct a Joint public hearing
In the Council Cnambeis of City Hall, located a! 3519 Lib-
erty Drive, Pearland. Texas. at the request of James El-
more, applicant, on behalf of Joseph K Joseph/Matthew
John owners for approval of a Condrtlonel Use Permit
(CUP) to alaw for Fuel Station in the General Commer-
cial (GC) zoning district; on approximately 2.157 acres of
tend, to wit
Being a subdivision of 2 157 acres cA land Oeing all of Lot
1, Block 1, JKJ Development Recorded under B.C.C.F-
No. 2008015246 and all of a cared 0.65 acre tract as de-
scribed by creed Recorded under B. C.C.F No 2013054148
R.B. Lye Survey, Sec 4, A-543. City of Peariand Brazona
County, Texas
Genera! Loccition, NW Corner of Oranpe St and Mylcawa
Peartand. TX
Al sad heanng a6 interested partes shol' have tf+e right
end opportunity to appear and be heard on the subject
For adda►onat Information, pease oonta-t the Planning
Department at 281.652-1765,
Frankel Legal*
City Planner
Page 7 of 9
Ord. No CUP 2016-02
Ordinance No. CUP 2016-02
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
February 16, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2016-02
Honorable Mayor and City Council Members:
At their regular meeting on February 15, 2016, the Planning and Zoning Commission
considered the following:
A request of James Elmore, applicant; on behalf of Joseph and Mathew John,
owners; for approval of a Conditional Use Permit (CUP) to allow for fuel station and
convenience store in the General Business (GB) zoning district; on approximately
2.157 acres of land, to wit:
Legal Description: A tract or parcel containing 2.157 acres of land, being all of
Lot 1, Block 1, JKJ Development recorded under Brazoria County Clerks File
(B.C.C.F.) No. 2008015246, and all of a called 0.65 acre tract as described by
deed recorded under B.C.C.F. No. 2013054148, situated in the R.B. Lyle Survey,
Sec. 4, A-543, City of Pearland, Brazoria County, Texas.
General Location: NW corner of Orange Street and Mykawa Road, Pearland, TX.
P&Z Commissioner Derrell Isenberg made the motion to recommend approval the
motion; the motion was seconded by P&Z Vice -Chair Thomas Duncan. The motion
failed to pass by a vote of 0-5. Commissioners Isenberg, Pradia, McFadden, Duncan,
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Ord. No CUP 2016-02
and Tunstall all voted against the requested CUP. Commissioner Mary Starr had
recused herself from the vote.
Sincerely,
j./it, l -.-t 61`t-4
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
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Ord. No CUP 2016-02