Ord. CUP 16-00001 2016-06-13 FAILEDOrdinance No. CUP 16-00001
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a gas station, convenience
store and self -serve car wash in the General Business (GB) zone, being
a tract or parcel containing 2.653 acres (115,560 square feet) of land
situated in the H.T.& B.R.R. Co. Survey, Section 21, Abstract Number 309,
City of Pearland. Brazoria County, TexasT being out of the remainder of Lot 1
of Allison -Richey Gulf Coast Co's Part of Suburban Gardens, a subdivision
plat of record in Volume (Vol.) 2, Pages (Pg's) 23 and 24 of the Brazoria
County Plat Records (B.C.P.R.); same being out of and a portion of the
remainder a called 5.910 acre tract conveyed to Tildon Sun Development,
LLC as described in deed recorded under Brazoria County Clerk's File
(B.C.C.F.) Number (No.) 2006018134; City of Pearland, Brazoria County.
Texas. (Located at the Southeast corner of Broadway Street and Smith
Road.) Conditional Use Permit Application No CUP 16-00001, within the
General Business (GB) zoning district. at the request of BSD Bright Site
Development LLC, Nathan Richardson, applicant; on behalf of Tildon Sun
Development LLC, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, BSD Bright Site Development LLC, Nathan Richardson, applicant;
on behalf of Tildon Sun Development LLC, owner; is requesting approval of a
Conditional Use Permit (CUP) to allow for a gas station, convenience store and self -
serve car wash use on an approximately 2.653 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 May 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 16th day of May 2016, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
Conditional Use Permit (CUP) to allow for a gas station, convenience store and self -
serve car wash use on approximately 2.653 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 13th day of June 2016 and
the 27th day of June 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 BSD Bright Site Development LLC. Nathan Richardson, applicant:
on behalf of Tildon Sun Development LLC, owner; for approval of a Conditional Use
Permit on approximately 2.653 acres of land to allow for a gas station. convenience
store and self -serve car wash 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 (CUP) to
Ord. No CUP 16-00001
allow for a gas station, convenience store and self -serve car wash use, subject to all
requirements of the GB zoning district, and the site plan and drawings 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 tract or parcel containing 2.653 acres (115,560
square feet) of land situated in the H.T.& B.R.R. Co. Survey, Section 21. Abstract
Number 309, City of Pearland. Brazoria County, Texas: being out of the
remainder of Lot 1 of Allison -Richey Gulf Coast Co's Part of Suburban Gardens,
a subdivision plat of record in Volume (Vol.) 2, Pages (Pg's) 23 and 24 of the
Brazoria County Plat Records (B.C.P.R.): same being out of and a portion of the
remainder a called 5.910 acre tract conveyed to Tildon Sun Development. LLC
as described in deed recorded under Brazoria County Clerk's File (B.C.C.F.)
Number (No.) 2006018134: City of Pearland. Brazoria County. Texas.
General Location: Southeast corner of Broadway Street and Smith Road.
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
Ord. No CUP 16-00001
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 13th day of June,
2016.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of June, 2016.
TOM REID
MAYOR
Ord. No CUP 16-00001
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Ord. No CUP 16-00001
Ordinance No. CUP 16-00001
Exhibit "A"
Exhibit A
Legal Description
Being a tract or parcel containing 2.653 acres (115,560 square feet) of land situated in the
H.T.& B.R.R. Co. Survey, Section 21, Abstract Number 309, City of Pearland. Brazoria County.
Texas: being out of the remainder of Lot 1 of Allison -Richey Gulf Coast Co's Part of Suburban
Gardens, a subdivision plat of record in Volume (Vol.) 2, Pages (Pg's) 23 and 24 of the Brazoria
County Plat Records (B.C.P.R.); same being out of and a portion of the remainder a called
5.910 acre tract conveyed to Tildon Sun Development, LLC as described in deed recorded
under Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2006018134; City of Pearland,
Brazoria County, Texas.
Page 6 of 14
Ord. No CUP 16-00001
Ordinance No. CUP 16-00001
Exhibit "B"
Exhibit B
Vicinity Map
Subject Property
AERIAL MAP
CUP 16-00001
Broadway Street and
Smith Road
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Page 7 of 14
Ord. No CUP 16-00001
Ordinance No. CUP 16-00001
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. 2016-08, a true copy
of which is hereto annexed was published in said newspapers in its issue(s) of March 31, 2016.
Sworn to and subscribed before me this
Notary Public
My commission expires on
day of
blisher's Representative
,,,,,:: ,,,,,
ft: •0=
MARILYN ZARATE
Notary Pub,rc, State of Texos
1'"'
-
My Comrn,35,on:xp,e3
.4:-:
;,p,;,,,,,,
September 07, 2018
A
, 2016.
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tSAU3/41l1b• I 1
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:
2016-08
Notice is hereby given that on April 18, 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 BSD Bright Site
Development LLC, Nathan Richardson, applicant; on
behalf of Tildon Sun Development LLC, owner; for approval
of a Conditional Use Permit (CUP) to allow for a gas
station, convenience store and self -serve car wash in the
General Business (GB) zoning district; on approximately
2.653 acres of land. to wit:
Being a tract or parcel containing 2.653 acres (115,560
square feet) of land situated in the H.T.& B.R.R. Co.
Survey, Section 21, Abstract Number 309, City of Pearland.
Brazoria County, Texas: being out of the remainder of Lot
1 of Allison -Richey Gulf Coast Co's Part of Suburban
Gardens, a subdivision plat of record in Volume (Vol.)
2, Pages (Pg's) 23 and 24 of the Brazoria County Plat
Records (B.C.P.R.); same being out of and a portion of the
remainder a called 5.910 acre tract conveyed to Tildon Sun
Development, LLC as described in deed recorded under
Brazoria County Clerk's File (B.C.C.F.) Number (No.)
2006018134; City of Pearland, Brazoria County, Texas.
General Location: Southeast corner of Broadway Street
and Smith Road.
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
Ordinance No. CUP 16-00001
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 16-00001 Broadway & Smith a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of April 28, 2016.
Sworn to and subscribed before me this day of
Notary Public
My commission expires
Publisher's Representative
, 2016.
ss:.,0.r ,, ,
"'' MARILYN ZARATE
s fir`.' ••rNotory Public, State of Texas
ry
"� ;'o�N'
My Commission Expires
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:
CUP 16-00001
Notice is hereby given that on May 16, 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 Cham-
bers of City Hall, located at 3519 Liberty Drive, Pearland,
Texas, at the request of BSD Bright Site Development LLC,
Nathan Richardson, applicant; on behalf of Tildon Sun Devel-
opment LLC, owner; for approval of a Conditional Use Permit
(CUP) to allow for a gas station, convenience store and self -
serve car wash in the General Business (GB) zoning district;
on approximately 2.653 acres of land, to wit:
Being a tract or parcel containing 2.653 acres (115,560
square feet) of land situated in the H.T. & B.R.R. Co. Sur-
vey, Section 21, Abstract Number 309, City of Pearland. Bra-
zoria County, Texas: being out of the remainder of Lot 1 of
Allison -Richey Gulf Coast Co's Part of Suburban Gardens,
a subdivision plat of record in Volume (Vol.) 2, Pages (Po'-•.;
23 and 24 of the Brazoria County Plat Records (B.C.P.N.);
same being out of and a portion of the remainder a called
5.910 acre tract conveyed to Tildon Sun Development, LLC
as described in deed recorded under Brazoria County Clerk's
File (B.C.C.F.) Number (No.) 2006018134; City of Pearland,
Brazoria County, Texas.
General Location: Southeast corner of Broadway Street and
Smith Road.
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
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:
CUP 16-00001
Notice is hereby given that on May 16. 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 ajoint public hearing in the Council Cham-
bers of City Hall. located at 3519 Liberty Drive, Pearland,
Texas, at the request of BSD Bright Site Development LLC,
Nathan Richardson, applicant: on behalf of Tildon Sun Devel-
opment LLC, owner, for approval of a Conditional Use Permit
(CUP) to allow for a gas station. convenience store and self -
serve car wash in the General Business (GB) zoning district
on approximately 2.653 acres of land, to wit
Being a tract or parcel containing 2.653 acres (115,560
square feet) of land situated in the H.T. & B.R.R. Co. Sur-
vey, Section 21, Abstrad Number 309, City of Pearland. Bra-
zoria County. Texas: being out of the remainder of Lot 1 of
Allison -Richey Gulf Coast Co's Part of Suburban Gardens,
a subdivision plat of record in Volume (Vol.) 2, Pages (Pg s)
23 and 24 of the Brazoria County Plat Records (B.C.P.R.);
same being out of and a portion of the remainder a called
5.910 acre tract conveyed to Tildon Sun Development, LLC
as described in deed recorded under Brazoria County Clerk's
File (B.C.C.F) Number (No.) 2006018134: City of Pearland.
Brazoria County, Texas.
General Location: Southeast corner of Broadway Street and
Smith Road.
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
Page 8 of 14
Ord. No CUP 16-00001
Ordinance No. CUP 16-00001
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
LTL9
"tour
Planning & Zoning Commission
Recommendation Letter
May 17. 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application CUP 16-00001
Honorable Mayor and City Council Members:
At their regular meeting on May 16, 2016, the Planning and Zoning Commission considered the following:
A request of BSD Bright Site Development LLC. Nathan Richardson, applicant: on behalf of
Tildon Sun Development LLC. owner: for approval of a Conditional Use Permit (CUP) to allow for
a gas station. convenience store and self -serve car wash in the General Business (GB) zoning
district: on approximately 2.653 acres of land.
Legal Description: Being a tract or parcel containing 2.653 acres (115,560 square feet) of land
situated in the H.T.& B.R.R. Co. Survey. Section 21, Abstract Number 309, City of Pearland.
Brazoria County, Texas: being out of the remainder of Lot 1 of Allison -Richey Gulf Coast Co's
Part of Suburban Gardens. a subdivision plat of record in Volume (Vol.) 2. Pages (Pg's) 23 and
24 of the Brazoria County Plat Records (B.C.P.R.); same being out of and a portion of the
remainder a called 5.910 acre tract conveyed to Tildon Sun Development. LLC as described in
deed recorded under Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2006018134: City of
Pearland, Brazoria County, Texas.
General Location: Southeast corner of Broadway Street and Smith Road.
Vice -Chairperson Duncan made the motion to recommend approval of the CUP request: the motion was
seconded by Commissioner McFadden. The motion failed to pass by a vote of 0-6. Chairperson Tunstall.
Vice -Chairperson Duncan, and Commissioners Isenberg, McFadden. Pradia. and Starr all voted against
the motion.
Sincerely,
3/14 c,c.c tetU
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
Page 9 of 14
Ord. No CUP 16-00001
Exhibit E
Site Plan
SMITH ROAD
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CONVENIENCE STORE, GAS STATION
& AUTOMATIC CAR WASH
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Page 10 of 14
Ord. No CUP 16-00001
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Page 11 of 14
Ord. No CUP 16-00001
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