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Ord. CUP 16-00002 2016-07-25 Ordinance No. CUP 16-00002 An ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a gas station and convenience store in the General Business (GB) zone, being a .875± acre tract being all of Lot "D" of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoria County, Texas, located in the City of Pearland, Brazoria County, Texas. (3200 Dixie Farm Road, Pearland, Texas.) Conditional Use Permit Application No CUP 16- 00002, within the General Business (GB) zoning district, at the request of Pan American Engineers, LLC, Ron Bordelon, applicant; on behalf of Murphy Oil USA, Inc. owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS Pan American Engineers, LLC, Ron Bordelon, applicant; on behalf of Murphy Oil USA, Inc. owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a gas station and convenience store use on an approximately .875 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 and convenience store use on approximately .875 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 25th day of July 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 Pan American Engineers, LLC, Ron Bordelon, applicant; on behalf of Murphy Oil USA, Inc. owner; for approval of a Conditional Use Permit on approximately .875 acres of land to allow for a gas station and convenience store 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 allow for a gas 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 Page 2 of 12 Ord. No CUP 16-00002 described as: Legal Description: Being a .875± acre tract being all of Lot "D" of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoria County, Texas, located in the City of Pearland, Brazoria County, Texas. General Location: 3200 Dixie Farm Road, Pearland, Texas. Condition of Approval: Outside sales, displays and the ice machine should be places under the canopy with an exception for the ATM machine. 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. Page 3 of 12 Ord. No CUP 16-00002 Exhibit A Legal Description Being a .875± acre tract being all of Lot "D" of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoria County, Texas, located in the City of Pearland, Brazoria County, Texas. Page 5 of 12 Ord. No CUP 16-00002 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: • NG - NG/;- �3%.. ') •�► Y SELF"ETAR .... PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of July, 2016. TOM REID MAYOR ATTEST: 24! . Le4 . .#1. / '�: I t_ • NG �• LNG, � AN • Y SE ' RETARY APPROVED AS TO FORM: Ca'`'` DARRIN M. COKER CITY ATTORNEY Page 4 of 12 Ord. No CUP 16-00002 Exhibit A Legal Description Being a .875± acre tract being all of Lot "D" of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoria County, Texas, located in the City of Pearland, Brazoria County, Texas. Page 5 of 12 Ord. No CUP 16-00002 Exhibit B Vicinity Map e_ - .. �,,:. _ !, `, Exhibit 1 f 40,0 _ . ,.,„,, ,. i :' .0 AERIAL MAP �i -.,` t . I - CUP::°: .+--„� w ' t; y �~ �� 3$00 rw Road Itfr •nt . • 'fib' / -4i, , , t u• ��ro y' 6 { t. - O. �,.ilk, 1 i, .,. „ • •,, ,Mtn.T•14 Page 6 of 12 Ord. No CUP 16-00002 Ordinance No. CUP 16-00002 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 16-00002 Dixie Farm a true copy of which is hereto annexed was published in said newspapers in its issue(s) of April 28,2016. Publisher's Representative Sworn to and subscribed before me this 54' day of Maj , 2016. Notary Public "" MARILYN ZARATE TNV pV�, My commission expires D : `n Notary Public, Stole of Texas ';'/4.s My Commission Expires '',Z*V S,∎0 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 16-00002 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 Coun- ties, Texas, will conduct a joint public hearing in the Coun- cil Chambers of City Hall, located at 3519 Liberty Drive, Pearland,Texas,at the request of Pan American Engineers, LLC, Ron Bordelon,applicant;on behalf of Murphy Oil USA, Inc.owner;for approval of a Conditional Use Permit(CUP)to allow for a gas station and convenience store in the General Business (GB)zoning district; on approximately .875 acres of land,to wit: Being a .875+ acre tract being all of Lot "D"of Dixie Plaza out of amending Plat 518 recorded in C. F.No.2008026747, Map Records of Brazoria County,Texas, located in the City of Pearland, Brazoria County,Texas. General Location:3200 Dixie Farm Road, Pearland,Texas. 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 AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00002 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 Chambers of City Hall located at 3519 Liberty Drive, Pearland. Texas, at the request of Pan American Engineers. LLC. Ron Bordelon. applicant: on behalf of Murphy Oil USA. Inc owner: for approval of a Conditional Use Permit(CUP)to allow for a gas station and convenience store in the General Commercial (GC) zoning district: on approximately 875 acres of land to wit: Being a .375± acre tract being all of Lot "D` of Dixie Plaza out of amending Plat 513 recorded in C. F.No 2008026747, Map Records of Brazoria County. Texas. located in the City of Pearland Brazoria County, Texas. General Location 3200 Dixie Farm Road. Pearland, Texas. 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 16-00002 Exhibit C Legal Ad NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION I OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00002 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 Chambers of City Hall located at 3519 Liberty Drive. Pearland. Texas at the request of Pan American Engineers. LLC. Ron Bordelon. applicant: on behalf of Murphy Oil USA Inc owner: for approval of a Conditional Use Permit(CUP)to allow for a gas station and convenience store in the General Commercial (GC) zoning district: on approximately .375 acres of land. to wit: Being a 875± acre tract being all of Lot "D' of Dixie Plaza out of amending Plat 518 recorded in C. F. No 2008026747. Map Records of Brazoria County. Texas. located in the City of Pearland. Brazoria County. Texas General Location: 3200 Dixie Farm Road. Pearland, Texas. 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 231-652-1765. Frankie Legaux City Planner Page 7 of 12 Ord. No CUP 16-00002 Exhibit D Planning and Zoning Commission Recommendation Letter Plannin g & Zoning Commission Recommendation Letter May 17, 2016 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Conditional Use Permit Application No CUP 16-00002 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 Pan American Engineers, LLC, Ron Bordelon, applicant; on behalf of Murphy Oil USA, Inc. owner; for approval of a Conditional Use Permit (CUP) to allow for a gas station and convenience store in the General Business (GB) zoning district; on approximately .875 acres of land. Legal Description: Being a .875+ acre tract being all of Lot "D" of Dixie Plaza out of amending Plat 518 recorded in C. F. No. 2008026747, Map Records of Brazoria County, Texas, located in the City of Pearland, Brazoria County, Texas. General Location: 3200 Dixie Farm Road, Pearland, Texas. At the regular meeting of the P&Z Commission on May 16, 2016, P&Z Commissioner Darrell Isenberg made the motion to recommend approval of Conditional Use Application No. CUP 16-00002. Commissioner Mary Starr seconded the motion. Chairperson Tunstall amended the motion for the CUP request to add the following condition: Outside sales, displays and the ice machine should be places under the canopy with an exception for the ATM machine. The motion was seconded by Commissioner Pradia. The motion was approved by a vote of 6-0. Chairperson Tunstall, Vice-Chairperson Duncan, and Commissioners Isenberg, McFadden, Pradia, and Starr all voted in favor of the motion. Sincerely, Frankie Legaux City Planner On behalf of the Planning and Zoning Commission Page 8 of 12 Ord. 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