Ord. CUP2016-04 2016-04-11 FAILEDOrdinance No. CUP 2016-04
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for bail bonds in the General
Business (GB) zone. being a 3.1092 acre tract of land out of Lot 46 of the
Allison Richey Gulf Coast Home Company's Subdivision of Section 8.
H.T&B.R.R. Co. Survey also called the F.B. Drake Survey, Abstract 504,
Brazoria County, Texas, according to the map or plat thereof recorded in Volume
2, Page 24, of the plat records of Brazoria County, Texas. (Located at 6601
Broadway Street, Pearland, TX.) Conditional Use Permit Application No 2016-
04, within the General Business (GB) zoning district. at the request of Alfred
Rucker, applicant; on behalf of Pogie USA LLC, owner, containing a savings
clause, a severability clause, and an effective date and other provisions related
to the subject.
WHEREAS, Alfred Rucker, applicant: on behalf of Pogie USA LLC, owner; is
requesting approval of a Conditional Use Permit (CUP) to allow for a bail bonds use on
approximately 3.1092 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 21th day of March 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 21th day of March 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 bail bonds use on approximately 3.1092
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 1lth day of April 2016 and
the 25th day of April 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 Alfred Rucker. applicant: on behalf of Pogie USA LLC, owner; for
approval of a Conditional Use Permit on approximately 3.1092 acres of land to allow for
a bail bonds 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
bail bonds use, subject to all requirements of the GB 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 3.1092 acre tract of land out of Lot 46 of the Allison
Richey Gulf Coast Home Company's Subdivision of Section 8, H.T&B.R.R. Co.
Survey also called the F.B. Drake Survey. Abstract 504, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 2. Page 24, of the plat
records of Brazoria County, Texas.
General Location: 6601 Broadway 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
Ord. No CUP 2016-04
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 11-t1 day of April,
2016.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING. TRMC CITY
SECRETARY
PASSED, APPROVED. and ADOPTED on Second and Final Reading this 25th
day of April, 2016.
Ord. No CUP 2016-04
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Ord. No CUP 2016-04
Ordinance No. CUP 2016-04
Exhibit "A"
Exhibit A
Legal Description
Being a 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home
Company's Subdivision of Section 8, H.T&B.R.R. Co. Survey also called the F.B. Drake
Survey, Abstract 504, Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 2, Page 24, of the plat records of Brazoria County, Texas.
WALKER L. TREESH
RegiaterTd Prafeasionai Land Sumeyo.-
P.0. Eat 2113
PYY'WHM, T.z n?Sea
(28114a5-514,
FIELD NOTE DESCRIPTION OF A 9.1093 ACk@ TRACT OF LAND OUT OF LOT 48 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY'S SUBDIVISION OF SECTION B.
'i T.&B.RR. CO. SURVEY ALSO CALLED THE F.B. DRAKE SURVEY. ABSTRACT 504 BRA -
IOWA COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 2, PAGE 24. OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRSED AS FOLLOWS:
BEGINNING et the northeast comer of the aforementioned Lot 48, saki pant bring rn the centre-
line
r4 '-
ine Garden Road and being the northeast comer of the herein described trail.
THENCE S 00° 18' 30' E along the centertne of Garden hood and the cast lint of said Lot 46, a
&Vence of 429.80 feet to a point for comer In Broadway Street { F.M. 518). being the southeast
comer 01 said Lot 40:
THENCE WEST along the sotto Ane of said Lor. 46 and Broadway Street a distance of 317.88
foot to point for corner.
THENCE N 00" 28' 50' E al a distance of 23 30 foot pass a % Inch iron rod found for reference
owner In the north right of way line of Broadway Street, continuing In all a total distance of 274.41
foot to found 7 iron pipo In concrote for eng'te po''it
THENCE N 00" 14' 10- W e distance of 155.19 foot 10 a 1 Inch Iron pipe found for corner In the
north ine of said Lot 46;
THENCE EAST eking the north Zino of said Lot 46, at a distance of 284 53 feet pass a 5:8 iron
rod for referertoe comer in the west right LV way line of Garden Road, confining in all a lolal
efts ante of 313.90 feet to the PLACE OF BEGINNING and containing 3.1092 acres of land. more
or less.
6daesi
Worker L. Trsestt, R.P. L S. Vo 1885
October 10 2007
Page 5 of 11
Ord. No CUP 2016-04
Ordinance No. CUP 2016-04
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 2016-04
6601 Broadway St
�'. Awl I
ay not 6a, r pf for as. be a tvalatr
ws4 .. E.Tonng p,n..«. lr
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1 lct- 1181eet
ar: RRUAEY ami
PLAN? INO DEPARTMENT
Page 6 of 11
Ord. No CUP 2016-04
Ordinance No. CUP 2016-04
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 #2016-04 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of March 3, 2016.
Sworn to and s
Notary Public
cribed before me this
My commission expires on
54-2'day of
/t:1-zoz.o
`ppubgl
:;ttt"• • °•�e LUCILLE GUERRA
^= Notary Public, State of Texas
My Commission Expires
January 18, 2020
•
/'ubIisher's Representative
/)a4 -L2016.
egal 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 NUMBER:
2016-04
Notice is hereby given that on March 21, 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
Liberty Drive, Pearland, Texas, at the request of Alfred
Rucker, applicant; on behalf of Pogie USA LLC, owner; for
approval of a Conditional Use Permit (CUP) to allow for
bail bonds in the General Business (GB) zoning district;
on approximately 3.1092 acres of land, to wit:
Being a 3.1092 acre tract of land out of Lot 46 of the Al-
lison Richey Gulf Coast Home Company's Subdivision
of Section 8, H.T&B.R.R. Co. Survey also called the Ea
Drake Survey, Abstract 504, Brazoria County, Texas, ac-
cording to the map or plat thereof recorded in Volume 2,
Page 24, of the plat records of Brazoria County, Texas.
General Location: 6601 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.
Frankie Legaux
City Planner
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 NUMBER:
2016-04
Notice is hereby given that on March 21, 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
Liberty Drive, Pearland, Texas, at the request of Alfred
Rucker, applicant; on behalf of Pogie USA LLC, owner; for
approval of a Conditional Use Permit (CUP) to allow for
bail bonds in the General Business (GB) zoning district:
on approximately 3.1092 acres of land, to wit:
Being a 3.1092 acre tract of land out of Lot 46 of the Al-
lison Richey Gulf Coast Home Company's Subdivision
of Section 8, H.T&B.R.R. Co. Survey also called the F.B.
Drake Survey, Abstract 504, Brazoria County, Texas, ac-
cording to the map or plat thereof recorded in Volume 2,
Page 24, of the plat records of Brazoria County, Texas.
General Location: 6601 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.
Frankie Legaux
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 NUMBER:
2016-04
Notice is hereby given that on March 21, 2016 at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion of the City of Peariand, 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 Alfred
Rucker, applicant; on behalf of Pogie USA LLC, owner; for
approval of a Conditional Use Permit (CUP) to allow for
bail bonds in the General Business (GB) zoning district;
on approximately 3.1092 acres of land, to wit:
Being a 3.1092 acre tract of land out of Lot 46 of the Al-
lison Richey Gulf Coast Horne Company's Subdivision
of Section 8. H.TBB.R.R. Co. Survey also called the F.B.
Drake Survey, Abstract 504, Brazoria County, Texas, ac-
cording to the map or plat thereof recorded in Volume 2,
Page 24. of the plat records of Brazoria County, Texas.
General Location: 6601 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.
Frankie Legaux
City Planner
Page 7 of 11
Ord. No CUP 2016-04
Ordinance No. CUP 2016-04
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
_f9
Planning & Zoning Commission
Recommendation Letter
March 20, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2016-04
Honorable Mayor and City Council Members:
At their regular meeting on March 21, 2016, the Planning and Zoning Commission considered
the following:
A request of Alfred Rucker, applicant; on behalf of Pogie USA LLC, owner; for
approval of a Conditional Use Permit (CUP) to allow for bail bonds in the General
Business (GB) zoning district; on approximately 3.1092 acres of land, to wit:
Legal Description: Being a 3.1092 acre tract of land out of Lot 46 of the Allison
Richey Gulf Coast Home Company's Subdivision of Section 8, H.T&B.R.R. Co.
Survey also called the F.B. Drake Survey, Abstract 504, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 2, Page 24, of the plat
records of Brazoria County, Texas.
Location: 6601 Broadway Street, Pearland, TX.
P&Z Vice -Chairperson Thomas Duncan made a motion to approve the CUP request; the motion
was seconded by P&Z Commissioner Troy Pradia. The motion failed to pass 1 -6.
Commissioners Isenberg, Starr, McFadden, Vice -Chairperson Duncan, Selsky, and Chairperson
Tunstall all voted against the requested CUP. Commissioner Pradia voted in favor of the motion.
Commissioners expressed their opposition to the request stating that the proposed bail bonds
office was not suitable at this location.
Sincerely,
312.12/h4i-t_ A- °
Frankie Legaux
Page 8 of 11
Ord. No CUP 2016-04
City Planner
On behalf of the Planning and Zoning Commission
Page 9of11
Ord. No CUP 2016-04
Ordinance No. CUP 2016-04
Exhibit "E"
e
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ho
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Exhibit E
Site Plan and Attachments
1
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war—
SHELL CONVENIENCE STORE
MI Broadway St., Pearland, Tx 77581
DEVELOPMENT SITE PLAN
1
Page 10 of 11
Ord. No CUP 2016-04
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Page 11 of 11
Ord. No CUP 2016-04