R2020-CUP20-00014 2020-11-16RESOLUTION R2020- CUP20-00014
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow Truck (Heavy) and Bus Rental or
Sales use within the Stonebridge Planned Development (PD), Being all
of Tract A, Block 1 of Centre at Pearland Parkway, a subdiv sion of 4.5066
acres in the City of Pearland Texas, as recorded in County Clerk's File No.
2006061125 in the Official Plat Records of Brazoria County, Texas.
(1853 Pearland Parkway, Suite 123, Pearland Texas) Conditional Use
Permit Application No. CUP 20-00014, within the within the Stonebridge
Planned Development (PD) zoning district, at the request of Obi Anaduaka,
Bizmart Mail & Print, applicant, on behalf of Grace Business Venture, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Obi Anaduaka, Bizmart Mail & Print, applicant, on behalf of Grace
Business Venture, owner, is requesting for approval of a Conditional Use Permit (CUP)
to allow Truck (Heavy) and Bus Rental or Sales use within the Stonebridge Planned
Development (PD), on approximately 4.5066 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 November 2020, a Joint Special Meeting was
held before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by online publication on the City website, a copy of
which 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, 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 Obi Anaduaka, Bizmart Mail & Print, applicant, on behalf of Grace
Business Venture, owner, for approval of a Conditional Use Permit on approximately
0.4968 acres of land; Truck (Heavy) and Bus Rental or Sales use within the
Stonebridge Planned Development (PD); presented which, in the judgment of the City
Council, would justify the approval of said application; now, therefore,
BE IT RESOLVED 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
Stonebndge Planned Development (PD), is hereby granted a Conditional Use Permit
(CUP) to allow Truck (Heavy) and Bus Rental or Sales use, subject to all requirements
of the Stonebndge Planned Development (PD) 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,
1. Parking of U-Haul Trucks shall be restricted to clearly marked parking spaces in
the rear of the multi -tenant building.
2. Parked trucks shall not be visible from Pearland Parkway.
3. Length, width, and height of trucks and equipment parked on the premises shall
not exceed dimensions of a 15-foot U-Haul Truck.
4. No part of a truck or equipment shall encroach into the adjacent fire lane when
parked.
Such property being more particularly described as:
Legal Description: Being all of Tract A, Block 1 of Centre at Pearland Parkway,
a subdivision of 4.5066 acres in the City of Pearland, Texas, as recorded in
County Clerk's File No. 2006061125 in the Official Plat Records of Brazoria
County, Texas.
General Location: 1853 Pearland Parkway, Suite 123, Pearland, Texas
S ection 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 and to City Council for consideration and decision.
S ection III. The City Council of the City of Pearland finds and determines that
the Resolution adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
S ection IV. If any section, subsection, sentence, clause, phrase, or portion of
this Resolution 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 Resolution and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval on first and final reading.
PASSED, APPROVED, and ADOPTED on this the 16th day of November 2020.
EVIN COLE
AYOR
ATTE
CRY `% AL ROAN, TRMC
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit 1
CUP 20L000'14
Zoning + Aerial Map
U-Haul Dealer
1853 Pearland Pkwy, Ste 123
Legend
Subject Property
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 250 feet
OCTOBER 5, 2020
COMMUNITY DEV. DEPT.
1
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Retail, Offices and Services
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Public /Semi -Public
Exhibit 2
CUP 20-00014
Land Use Map
U-Haul Dealer
1853 Pearland Pkwy, Ste 123
Legend
Subject Property
01
PE
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 250 feet
OCTOBER 5, 2020
COMMUNITY DEV. DEPT.
•
Exhibit 3
CUP 20-00014
Notification Map
U-Haul Dealer
1853 Pearland Pkwy, Ste 123
Legend
Subject Property
Notification Area
WA
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 250 feet
OCTOBER 5, 2020
COMMUNITY DEV.DEPT.
Notification List: CUP20-00014
Owner Name
MUSGRAVE-GROHMAN VENTURES LTD
PEARLAND CAR WASH SERVICES LLC
STABLE PARKWAY LLC
PEARLAND PARKWAY PLAZA
HIGHLAND GLEN KRK TYKES LP
GRACE BUSINESS CENTER LLC
HERITAGE BANK NA
LAKES AT HIGHLAND GLEN COMMUNITY
ASSOC INC
WYAlT JUSTIN BRADLEY
RUNGE TRAVIS & LAUREN
BROWN BERT & BRANDI T
LEWIS STEVEN IRWIN & OLGA L
DIAZ DAVID & GABRIELA MENDOZA
POTTER LINDA S
HOSSAIN MIR MOHOSHIN & MOST B
KHATUN
OBI ANADUAKA
Address
PO BOX 1743
17322 SPRING CREEK ROAD
2904 AUBURN WOODS DR
10603 FUQUA ST, SUITE C
8202 HOMEWARD WAY
3319 WILD RIVER DR
1850 PEARLAND PKWY
PO BOX 218194
1721 BRIGHTON BROOK LN
1723 BRIGHTON BROOK LN
1801 BRIGHTON BROOK LN
1803 BRIGHTON BROOK LN
1805 BRIGHTON BROOK LN
1807 BRIGHTON BROOK LN
1717 SAWYER CROSSING LN
4826 ELKMONT CT
City
ABILENE
CYPRESS
PEARLAND
HOUSTON
SUGAR LAND
RICHMOND
PEARLAND
HOUSTON
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
State Zip Code
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
79604
77429
77581
77089
77479
77406
77581
77218
77581
77581
77581
77581
77581
77581
77581
TX 77584
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COOMMIJNITY DEVELOPMFN+
3523 LIBERTY DR., PEARLAND, TEXAS 77581
'PROPERTY OWNER AUTHOR Z ON
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PROPERTY OWNER AGENT
NAME: 1616411\e,c6p \e,vi\-tvree NAME: obi A n c4 elip%a 12 oi
ADDRESS: ADDRESS: 9 97-- "'` or} t -
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PHONE: 2j773'7t1 PHONE:
EMAIL: GNU �iV�
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PROPERTY ADDRESS/PARCEL NUMBER:It1-53 vQk4ab?N1\c<'tk\�
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ZONE CHANGE
pLANNCD DEVELOPMENT
CONDITIONAL USE PERMIT
ZBA VARIANCE
PLAT VARIANCE
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I hereby certify that: I am the owner of the subject property or a person hiving a legal or equitable interest
therein. I authorize the above listed agent to act on my behalf for the purposes of this application.
OWNER SIGNATURE
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DATE
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Interactive Map
Service the Pearland Way! CITY OF PEARLAND GIS DEPARTMENT MAP GALLERY CONTACT US
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LOCI D 70148
ADDRESS 1853 PEARLAND PKWY
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LATITUDE 13,775,725.14
CITY PEARLAND CITY LIMIT
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MUD MUD 28
LANDUSE Retail, Offices and
Services
ORDINANCE 25
YEAR JUNE 21, 1960
ZONE PUD
1 SCHOOL DIST Pearland ISD
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Blzmart Mail & Print
1853 Pearland Parkway Suite 123
Pearland, Texas 77581
Phone: 281-835-4470
Fax: 281-721-2817
www.bizmartmailandprint.com
bizmartmandpmngr@gmail.com
To whom it may concern,
Bizmart Mail & Print of Pearland would like to be considered as a U-Haul dealer supplying to the
residents of Pearland and surrounding areas. With approximately 2568 sq. ft (16 parking spaces) to park
the vehicles safely on Grace Business Venture's property we feel this does not disrupt any other
business in this area and the trucks will be out of sight from ongoing traffic on Pearland Parkway. We do
recognize that the city would prefer no equipment based businesses in this zone but I can assure you
that we will keep U-Haul trucks parked in the back at all times and we are willing to limit the type of U-
Haul trucks at this location to no larger than a 17' moving van. Since last year when we discontinued this
service, every day I receive multiple phone calls from customers asking for U-Haul services so I know this
will serve the community well. Our business was impacted by Covid-19 and we believe that adding U-
Haul will bring revenue to help keep the business afloat. Kindly, take into consideration our proposal as
it is crucial to our struggling business and livelihood.
Thank you for your consideration,
Obi Anaduaka
Owner of Bizmart Mail & Print
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Sign Acknowledgement Form
This form is required to be signed by the property owner and applicant.
Any person, firrn or corporation requesting a zoning change, a conditional use permit (CUP), or
a variance(special exception shall be required to erect and maintain a sign(s), to be inspected
by the City, upon the property for which a variance or zoning change has been requested.
Such sign(s) shall be located as follows:
1 One (1) sign per street frontage shall be located within thirty (30) feet of the abutting street, or
as determined by the City.
2. So as to be clearly visible and readable from the public right-of-way and not obstructed in any
manner.
3. So as not to create a hazard to traffic on the public rights -of -way abutting the property.
4. On the subject property at least tern (10) days prior to the hearing of the Zoning Board of
Adjustment for variance/special exceptions and of Planning and Zoning Commission for zone
change and conditional use permit, and to remain continuously on said property until final action
by the City Council or withdrawal of the case by the applicant. Removal of the sign by the
applicant prior to a recommendation by the Planning and Zoning Commission and/or a final
decision by the City Council shall constitute a withdrawal of the request.
5. The signs shall be as follows:
• A minimum sign size of two (2) feet by three (3) feet, but no larger than four (4) feet by
four (4) feet
• At least two (2) feet above the ground
• Blue or black lettering that is a minimum of 3 inches by'/z inch, on a white background
• Message content, depending on project type, as follows:
PROPOSED CUP
CONTACT CITY OF PEARLAND
WWW.PEARLANDTX.GOVIPLANNENG
281.652.1765
PROPOSED ZONE CHANGE
CONTACT CITY OF PEARLAND
WWW.PEARLANDTX.GOWPI 2A NN ING
281.652 1765
PROPOSED VARIANCE/SPECIAL EXCEPTION
CONTA( " 1 CITY Y OF PEARLAND
' W.PEARLANDTX.GOVIPLANNING
281.652.1765
Signs must be professionally made; handwritten signs are not allowed.
Signs must be freestanding and cannot be attached to a tree, fence, or buil
• Upon making an application for a zoning change, a conditional use permit (CUP), or a
variance/special exception, the applicant shall place sign(s) as required. The City shall
inspect such sign(s) to ensure compliance as required by the UDC.
+ After the zoning change, a conditional use permit (CUP), or a variance request is
approved by the City Council, denied by the City Council, or withdrawn by the applicant,
the applicant shall remove the sign from the area of the request within ten (10) days of
such event.
It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign
which gives notice that a zoning change, a conditional use permit (CUP), or a
variance/special exception has been requested.
• In the event the applicant fails to erect andlor maintain signs in accordance with this
section, the public hearing before the Planning and Zoning ComrnissionlCity
Council/Zoning Board of Adjustment shall be postponed to a date in the future, which
would allow time for compliance.
• The erection of any sign required by this section shall not require a permit under Section
4.1.2.6 of this UDC.
• The owner or applicant shall promptly notify the Planning Department of any sign
required by this section, which becomes Iost, stolen or vandalized. The Planning and
Zoning Commission or Zoning Board of Adjustment, depending on the type of case, shall
have the power to decide whether or not there has been substantial compliance with the
posting requirements in the case of Iost, stolen or vandalized signs.
P roperty owner signature
P roperty owner name {typed}
Applicant signature c ! -
Applicant name (typed) Orr
Date
Date CI
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RIGHT EQULPMEI
Exhibit A
Legal Description
Being all of Tract A, Block 1 of Centre at Pearland Parkway, a subdivision of 4.5066
acres in the City of Pearland Texas, as recorded in County Clerk's File No.
2006061125 in the Official Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
Retail, Offices and Services
Exhibit 2
CUP 20-00014
Land Use Map
U-Haul Dealer
1853 Pearland Pkwy, Ste 123
Legend
Subject Properly
tibia ptottatt b' tat Itlinttt stk nul put -paws roll
mill not iinu h►' a pt.psttvat tbi' <t tom• sukattto
fur fecal, engineering, tlr rarveyinc purpuses. It
d,t'g rKt. repreminn t un nnihe-gn)Mn'i duce and
n L
ivplltnta gully folio UttptnsXi=n lu tvI:ttiti\' Lrn:tt,Ih
of piopiny tound.sries.
1 inch = 250 fool
U�,TvIiElc .,, 21;211
rllMMNIUN;TY UEV, ItEP'T,
281£52.1765
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
FAX: 281.652.1702 wwww.pea rlandtx.gov
NOTICE OF A JOINT PUBLIC HEARING OF THE CIT' 'COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXASt REGARDING:
Conditional Use Permit Application : CUE 20-00014
A request by Obi Arraduaka, Bizmart Mail & Print, applicant, on behalf of Grace
Business Venture, owner, for approval of a Conditional Use Permit (CUP) far Truck
(Heavy) and Bus Rental or Sales within the Stonebridge Planned Development iPD)
District, to accommodate a U-Haul dealer on approximately 4.4996 acres; to wit:
Legal Description: Being all of Tract A, Blook 1 of Centre at Pearland Parkway, a
subdivision of 4.5066 acres in the City, of Pearland, Texas, as recorded in County
Clerk's File No. 200 0.1125 in the Official Plat Records of Brazoria County, Texas.
General Location: 1853 Pearland Parkway, Suite 123, Pear'arid, Texas_
Summary: The applicant desires to be considered as a U-Haul dealer at the subject
shopping center. A U- Iaul dealer is classified as Truck (.Heavy) and Bus Rental or
Sales, which is defined as the rental or sale of new or used panel trucks, vans,
trailers, recreational vehicles or motor -driven buses in operable +condition and where
no repair work or intensive cleaning operations are performed.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TEL.EPHONEiIDEO CONFERENCE
on:
Monday, Novornbor 16, 2020 at 6:30 RM.
You are receiving this na&tice b-ecause appraisal district records indicate that you
own property within DM feed al the subject property identified on the attached map.
You are invited to voice your support or opposition for the above referenced request
by submitting comments or requesting to speak remotely. You may submit
comments by email to sib e( peartandtx.gov or subrnit a request to speak remotely
during the tele-conference. The public will be permitted to offer public comments by
telephone as provided by the agenda ar i as permitted by the presiding officer
during the rneeting. All speakers MUST register in advance. e. To speak remotely
during the meeting, speakers MUST:
• Submit the online registration farm found at:
h ips:P pearlandtx.•dvkweb.ne iPcrtals vieetingTypeiist.aspx.
• Registration must be received no later 12 p.m. on Monday, November 16.
Orte the registration forum is received, residents will receive either an email
or phone call pi -melding them a telephone number tD call on Monday.
Speakers must call in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will rrot be ab ie to
speak.