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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 Open Space 4j G ovo &Ott .c� • ow Density Residential • Retail, Offices and Services • iCSVe 5°CP 4A ass sayak .Ak f 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 • i • Ow w of flearland ,. COOMMIJNITY DEVELOPMFN+ 3523 LIBERTY DR., PEARLAND, TEXAS 77581 'PROPERTY OWNER AUTHOR Z ON • 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 - Rtanng-4_, 1,rt 1'7 • Vottib P coy Igo ei 5-6 q PHONE: 2j773'7t1 PHONE: EMAIL: GNU �iV� 3z-cue- vspo EMAIL: etr Aft at,l J, f. t. PROPERTY ADDRESS/PARCEL NUMBER:It1-53 vQk4ab?N1\c<'tk\� O 11 ZONE CHANGE pLANNCD DEVELOPMENT CONDITIONAL USE PERMIT ZBA VARIANCE PLAT VARIANCE PLAT/SUBDIVISION ['13 Y�58i 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 ri1/40\_€A)10 DATE 015 _ _ •� . t.•• i. 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'so 1••• *Fry .'- µ .r w,r 1 „w:w� -t v ••'a:. t� la ....•' 1c{t+1•Mrcr' - ":zr .rIA• *4), • < r:it. L. ~.; a•. att• awn .„•t, . twirl: **apt it :gin w..... ..rn1.- ry1= ••.r. I•.w _- my: •r....... • /I^a tar to •..ilk.ttite 'r.041.tr v1 i %s.o cw- V:W F.IiD'i < rt. V 4. Aar .0 CENTRE AT PEARLAND PARKWAY 4 SJIn •:hlr]. G• ••• 50elf, II'NFF. m SM: 110 41 v; Iv'411 .t14 1Mr' MUM 1. till-41r :I ' "I 41t.1r1u nmlmae COS. IV. Ina, 1 In 0:11 •Nt.'I 4.11 P11 MM: 14 %CM e..ea...ar• wwralnra ter..—• •i; cY•-r:a.0 c• .. 1 r=• • • z 9 8/29/2020 Interactive Map Service the Pearland Way! CITY OF PEARLAND GIS DEPARTMENT MAP GALLERY CONTACT US r 1853 PEARLAND PKWY X 1818 Show search results for 1853 P... 1807 1840 1OOft 3,155,857.275 13,775,716.767 Feet • • • ... 4. • t 1849 •• ▪ • • 1 1851 1853 PEARLAND PKWY LOCI D 70148 ADDRESS 1853 PEARLAND PKWY ST_A PT N B R LONGITUDE 3,156,060.40 LATITUDE 13,775,725.14 CITY PEARLAND CITY LIMIT ETJ MUD MUD 28 LANDUSE Retail, Offices and Services ORDINANCE 25 YEAR JUNE 21, 1960 ZONE PUD 1 SCHOOL DIST Pearland ISD Zoom to • • '` r0. ,. lir•• • 1 •. • •• ti •, • • • • ••�., ••�.� r 1� -1 •1 • 1• •1 1 ., 1 . •. .t. , •1,' ,', • •ti • • •• 1 ..7 • All rights reserved https://gis.pearlandtx.gov/interactivemap/ 1/1 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 f 1 Designated Parking Spaces ro sass at 1 Eal 1(51 W z tan kiwi 0 1- _ -1 • ! oar • t 1 1 ieir 1 1 1 1 y1 i w: nal • `s c a • sa ♦.e 11. MOO Lai no 0) suaa a -a a is G i nil al rbr, • �_„— VP ir Nara — — — t w • r 1 .o a ▪ r w, r _ ;, s sr • As 1 - a0 u 3VrI • rta w '=�' � 1 eNit • Ark o % Cti CD Cri W r� c 4 -10 - a es) re - co 1/40 M LL c •, 3AF9EF976427420BB • Z EL 1 f g 11 - ! a1 f1 W • 5' ' 4 d) x noci 0 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 i[2a •* .,. . r.• f. rat r , 1• • '. • • • • .I .T �.•.a• • • r •, '' I• II r ,. ,• •rf .►� 44 • 4 i r 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.