Ord. CUP2016-01 2016-04-25 Ordinance No. CUP 2016-01
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, a tract or parcel
containing 0.8767 acre portion of a 3.3825 acre tract of land situated in the
Thomas J. Green Survey, Abstract 198, in the City of Pearland, Brazoria
County, Texas. (Located at the NE Corner of Broadway St. and
Alexander Ln., Pearland, TX) Conditional Use Permit Application No 2016-
01 , within the General Business (GB) zoning district, at the request of James
Elmore, applicant; on behalf of A&A Business, owner, 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 A&A Business, owner; is
requesting approval of a Conditional Use Permit (CUP) to allow for a gasoline station
use on an approximately 0.8767 acre portion of a 3.3825 acre tract 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 gasoline station use on approximately
0.8767 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 11th 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 of James Elmore, applicant; on behalf of A&A Business, owner; for
approval of a Conditional Use Permit on approximately 0.8767 acres of land to allow for
a gasoline station 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
gasoline station use, subject to all requirements of the GB zoning district, and the site
plan and attachments 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: Being a 0.8767 acre portion of a 3.3825 acre tract of land
Page 2 of 11
Ord. No CUP 2016-01
situated in the Thomas J. Green Survey, Abstract 198, in the City of Pearland,
Brazoria County, Texas.
General Location: NE Corner of Broadway St. and Alexander Ln., 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 11
Ord. No CUP 2016-01
PASSED, APPROVED, and ADOPTED on FIRST Reading this 11th day of April,
2016.
TOM REID
MAYOR
ATTEST: ►►,,,.
j UNG 1��� 1, Tom' C -� j\
Y S:S RETA-Y ....
PASSED, APPROVED, and ADOPTED on SECOND and Final Reading this 25th
day of April, 2016.
TOM REID
MAYOR
ATTEST: ��,, R'► ,,,�
- � ,
YQ NG i►1= IN T4C V,.. /\
VY SE ' RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Page 4 of 11
Ord. No CUP 2016-01
Ordinance No. CUP 2016-01
Exhibit "A"
Exhibit A
Legal Description
Being a 0.8767 acre portion of a 3.3825 acre tract of land situated in the Thomas
J. Green Survey, Abstract 198, in the City of Pearland, Brazoria County, Texas.
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Page 5 of 11
Ord. No CUP 2016-01
Ordinance No. CUP 2016-01
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. 2016-01,
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 gef',- day ofd 016.
Notary Public
MARILYN ZARATE
My commission expires on =' 1= Notary Public, State of Texas
`• •,»€ NN Commission Expires
%:f%;„.% September 07, 2018
Ordinance
Exhibit "No. CUP B" 2016-01
Exhibit B
Vicinity Map
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Page 6 of 11
Ord. No CUP 2016-01
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:
2016-01
Notice is hereby given that on February 15, 2016 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 James Elmore, applicant;
on behalf of ASIA Business, owner; for approval of a Condi-
tional Use Permit(CUP)to allow for Fuel Station in the Gen-
eral Business (GB)zoning district; on approximately 0.8767
acres of land,to wit:
Being a 0.8767 acre tract out of a 3.3825 acre tract of land
situated in the Thomas J. Green Survey,Abstract 198, in the
City of Pearland, Brazoria County,Texas.
General Location:NE Corner of Broadway St.and Alexander
Ln., 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.
Frankie Legaux
City Planner
Ordinance No. CUP 2016-01
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#2016-01 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of March 3, 2016.
•ublisher's Representative
Sworn to and s cribed before me this /5��day of inatc—L, 2016.
//
Notary Public
My commission expires on / '"/d_ ZO L O
LUCILLE GUERRA
=r •^z Notary Public,State of Texos
(!V�+�,,: My Commission Expires
"'4,,;;;,;,••O January 18, 2020 '
Legal Notices \ I Legal Notices \I
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:
2016-01
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 James
Elmore, applicant; on behalf of A&A Business, owner; for Legal Notices \ I Legal Notices
approval of a Conditional Use Permit (CUP) to allow for
a Gasoline Station in the General Business (GB) zoning
district; on approximately 0.8767 acre portion of land that
is part of a 3.3825 acre tract, to wit: NOTICE OF A JOINT PUBLIC HEARING
OF THE CITY COUNCIL
Being a 0.8767 acre portion of a 3.3825 acre tract of land
situated in the Thomas J. Green Survey,Abstract 198, in AND
the City of Pearland, Brazoria County,Texas.
THE PLANNING AND ZONING COMMISSION
General Location: NE Corner of Broadway St. and Alex-
ander Ln., Pearland,TX OF THE CITY OF PEARLAND,TEXAS
At said hearing, all interested parties shall have the right CONDITIONAL USE PERMIT APPLICATION NUMBER:
and opportunity to appear and be heard on the subject. 2016-01
For additional information, please contact the Planning
Department at 281-652-1765. Notice is hereby given that on March 21, 2016 at 6:30
p.m., the City Council and Planning and Zoning Commis-
Frankie Legaux sion of the City of Pearland, in Brazoria, Harris and Fort
City Planner 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 James
Elmore, applicant; on behalf of A&A Business, owner; for
approval of a Conditional Use Permit (CUP) to allow for
a Gasoline Station in the General Business (GB) zoning
district; on approximately 0.8767 acre portion of land that
is part of a 3.3825 acre tract, to wit:
Being a 0.8767 acre portion of a 3.3825 acre tract of land
situated in the Thomas J. Green Survey,Abstract 198, in
the City of Pearland, Brazoria County,Texas.
General Location: NE Corner of Broadway St. and Alex-
ander Ln., 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:
2016-01
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 James
Elmore, applicant; on behalf of A&A Business, owner; for
approval of a Conditional Use Permit (CUP) to allow for
a Gasoline Station in the General Business (GB) zoning
district; on approximately 0.8767 acre portion of land that
is part of a 3.3825 acre tract, to wit:
Being a 0.8767 acre portion of a 3.3825 acre tract of land
situated in the Thomas J. Green Survey, Abstract 198, in
the City of Pearland, Brazoria County, Texas.
General Location: NE Corner of Broadway St. and Alex-
ander Ln., 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 2016-01
Ordinance No. CUP 2016-01
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
i Zoning Pla nnn g & Commission
Recommendation Letter
March 22, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2016-01
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 James Elmore, applicant; on behalf of A&A Business, owner; for
approval of a Conditional Use Permit (CUP) to allow for a Gasoline Station in the
General Business (GB) zoning district; on approximately 0.8767 acre portion of
land that is part of a 3.3825 acre tract, to wit:
Legal Description: Being a 0.8767 acre portion of a 3.3825 acre tract of land
situated in the Thomas J. Green Survey, Abstract 198, in the City of Pearland,
Brazoria County, Texas.
General Location: NE Corner of Broadway St. and Alexander Ln., Pearland, TX
Vice-Chairperson Duncan made a motion to recommend approval of the CUP request
with conditions; the motion was seconded by Commissioner Isenberg. The motion was
approved by a vote of 7-0. Chairperson Tunstall, Vice-Chairperson Duncan, and
Commissioners Isenberg, McFadden, Pradia, Selsky, and Starr all voted in favor of the
motion.
0
Page 8 of 11
Ord. No CUP 2016-01
I
Sincerely,
tet,t,cu.,2o
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
Page 9 of 11
Ord. No CUP 2016-01
Ordinance No. CUP 2016-01
Exhibit "E"
Exhibit E
Site Plan
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Page 11 of 11
Ord. No CUP 2016-01