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R2020-CUP20-00018 2020-11-16RESOLUTION R2020- CUP20-00018 A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow an accessory dwelling unit within the Suburban Residential-15 (SR-15) District, Beingl.5 acres out of Lot 43 of the Subdivision of the G. C. Smith Survey, Section 22, Abstract 548, according to the Plat recorded in Volume 2, Page 51 of the Deed Records of Brazoria County, Texas. (Located at 3610 Curtiss Rd. Pearland TX). Conditional Use Permit Application No CUP20-00018, within the Suburban Residential -15 (SR-15) District, at the request by Bruce V. Kirby, applicant and owner containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Bruce V. Kirby, applicant and owner, is requesting approval of a Conditional Use Permit (CUP) for an accessory dwelling unit within the Suburban Residential-15 (SR-15) District; 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 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 advertised in the premises, finds that in the case of the application of Bruce V. Kirby, applicant and owner, for approval of a Conditional Use Permit to allow an accessory dwelling unit on a 1.5-acre tract of land; 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: S ection I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the Suburban Residential-15 (SR-15) District, is hereby granted a Conditional Use Permit (CUP) for an accessory dwelling unit, subject to all requirements of the Suburban Residetial-15 (SR- 15) District, in accordance with all conditions and requirements of the 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 1.5 acres out of Lot 43 of the Subdivision of the G. C. S mith Survey, Section 22 Abstract 548, according to the Plat recorded in Volume 2, Page 51 of the Deed Records of Brazoria County, Texas General Location: 3610 Curtiss, Pearland, TX. 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. S ection 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. S ection VI. This Resolution shall become effective after its passage and approval. PASSED, APPROVED, and ADOPTED on this the 16th of November 2020. EVIN COLE MAYOR ATTE CRY`` AL R*' N, TRMC CITY SECRETARY DARRIN M COKER CITY ATTORNEY Exhibit 1 CUP 20-00018 Zoning &Aerial Map Accessory Dwelling Unit 3610 Curtiss Road Legend r 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 NOVEMBER, 2020 COMMUNITY D EV. DEPT. km' • i ■ ■ ■ ■ i ■ ■ ■ u ■ ■ ■ ■ ■ ■ ■ • • ■ BAILEY'RD Exhibit 2 CUP 20-00018 Future Land Use Map Accessory Dwelling Unit 3610 Curtiss Road 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 N OVEMBER, 2020 COMMUNITY DEV. DEPT. Exhibit 3 CUP 20-00018 Notification Map Accessory Dwelling Unit 3610 Curtiss Road Legend Subject Property Notification Area r////1 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 NOVEMBER, 2020 COMMUNITY D EV. DEPT. Notification List: CUP 20-00018 Owner Address City State Zip Code DOHERTY FRANK 4103 BAILEY AVENUE MANVEL TX 77578 DOHERTY FRANK 4103 BAILEY AVENUE MANVEL TX 77578 GARCIA LORENZO PO BOX 418 RAYMONDVILLE TX 78580 ROE JAMES & JESSICA LINDSAY-ROE 3611 CURTISS RD MANVEL TX 77578 KIRBY BRUCE V & DEBBIE 3610 CURTISS RD MANVEL TX 77578 PHAM DUC M & SACHIKO T 3607 CURTISS RD MANVEL TX 77578 LAFFERTY HAROLD LEWIS & JANET 3630 CURTISS RD MANVEL TX 77578 JOSEPHINE LAFFERTY REVOCABLE LIVING TRUS NGUYEN THACH 3002 BROADMOOR DR SUGAR LAND TX 77478 WESTBROOK KIMBERLY GLYNDON 3603 CURTISS RD MANVEL TX 77578 GONZALEZ FERNANDO 3602 CURTISS RD MANVEL TX 77578 SOLIS MARY INEZ P 3634 SAN PEDRO HOUSTON TX 77013 SAAVEDRA POMPEYO 3510 CURTISS RD MANVEL TX 77578 <<�)• Gaily U' IPo a 5t111no] COft�dUE\9R'Y n 3523 LIBERTY DR., PEARLAND, TEXAS 77581 SIMS rTh$ E:3) n I rTh \\ [ Co) r/2 Au-1 iU PROPERTY OWNER NAME: V. 1 \ ,6 AGENT NAME: ADDRESS: `K ‘ , 0 C iA r -; ,it ADDRESS: ct A J• ! t' Pi ) ' 7 ! ice+ t� PHONE: E'' .7) c1 "t EMAIL: �• �- L 9 etrhe4 n z PROPERTY ADDRESS/PARCEL NUMBER: DC I c i irt, - , ca ZONE CHANGE PLANNED DEVELOPMENT CONDITIONAL USE PERMIT ZBA VARIANCE PLAT VARIANCE PLAT/SUBDIVISION PHONE: EMAIL: hereby certify that: I am the owner of the subject property or a person having 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 4). DATE For more information go tp https.//www.pearlandtx.gov/departments/community-development/planning or call 281.652.1765 KIMBERLY KENDRICK (94)000/947 CORNELIUS B. NIANLEY JR. 1326/916 1513/789 1(3610) CURTIS LANE (AKA COUNTY ROAD 8i34) (60' R.O.W.) SOUTH 196:00' JAMES ROE (01)002/889 FND 1 /2- IR 0 300.00' 10' B.L. v-1303, P - 532 FERNANADO B. GONZALEZ 51/458 LEGEND • CONCRETE COVERED CONCRETE GRAVEL STEPS f ELEVATED WOOD DECK 0 a S89'53' 30"E P.0.8. SET 1 /Y IR FRANCES P. DOHER 1000/758 re- -1 • • • • • • • • • • • r • ft • • • • • WATER WELL a 29.3 • a AA P OP •r, • • • 10' B.L. • -� -' V- i-3(�rir-a52 • • . . • •. ;• . • Q 0 • • • • • A tv 30.6 111111111 15A 7(7 31. el..^ 1-1/2 STORY BRICK & FRAME it/ 16.4 A 10' B.L. �1 Ts. V-1303, P-532 et el 1.500 ACRES . SS ea e I•• AA NORTH FRANK 100 NOTE: RESTRICTIVE COVENANTS AS RECORDED IN V-1303, P-532, DR • • 6a SOWN . 198.00' P. DOHERT 0/758 .3 • a 4 • .4 4 M 4 4 4 ••••111. IRO • "7°m 3 0 M PO 30' ROAD ESIW4T. V-1303, P-530 L. SET 1 /24 IR 0 30.00' REMAINDER BRUCE V. KIRBY 2.5 ACRES TRACT (98)039/141 0 ro ate) 03 Z 10' B.L. V-1303, P-532 1-1/2 STORY BRICK & FRAME GARAGE =8'XB' FRAME SHED ON CONC. FENCE LEGEND 4' WOOD X X 4' CHAIN UNK 61 WOOD SET 1 /2- IR NOTEAN EASEMENT FOR H.L.8t P AS RECORDED IN V-1343, P-838, DR. (DOES NO1 AFFECT THIS PROPERTY.) } BUYER ERIK M. BRISTOL PROPER SCALE 1". 50' TY ADDRESS 3610 CURTIS LANE (A.K.A. COUNTY ROAD 884) DESCRIBED PROPERTY A 1.500 ACRE TRACT OR PARCEL OF LAND, MORE OR LESS, OUT OF LOT 43 OF THE SUBDIVISION OF THE G. C. SMITH SURVEY, SECTION 22 ABSTRACT 548, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF CORDED IN VOLUME 2, PAGE 51 OF 9/28/2020 Interactive Map i3610 CURTISS RD 3603 Show search results for 3610 C... ,[ L..AND C 1S I7EPAR I Me_I`.1 P; AP GAi.!_ERY CONTACT US' 3502 3615 350E 3510 3635 3643 3602 3729 3749 4103 200ft 4161 4155 3610 3614 3622 3626 3630 0 3501. 3507 3515 3603' 3607 3611 3623 4203 https://gis.pearlandtx.gov/interactivemap/ All rights reserved 1/1 To whom it may concern/Pearland City Council: am requesting a Conditional Use Permit in order to build an additional structure on my property that has a kitchen. I was informed by specialists within the City Planning Department that in order to build an additional structure with a kitchen I would need to submit an application for a Conditional Use Permit for your review. Proposed Uses / Specific Operations of the Use: The additional structure will serve as living quarters for a disabled family member, and possibly any required caretakers. The structure will be a residential dwelling that has specific modifications to suit the needs of a disabled person. Square Footage of Building/Lot Sizes: I anticipate that this structure will be approximately 35 feet wide by 35 feet deep. However, this is subject to change as needed related to any structural changes that may be required to accommodate accessibility (e.g. doorways/hallways that are ADA compliant). Unique characteristics of the property: This structure will be built where another structure previously stood. This area of my land already has the infrastructure required for an additional structure, including connections for water and septic needs. The only request made to the city would be for an electrical connection. Other relevant information: I have discussed this proposition with the City Planning Department, and they confirmed that they would approve this request, given the minimal effort requested of the city. Thank you for your consideration. Best regards, Bruce Kirby A-- fik; 17 a hi • ao Bedroom #1 116x 13 9' Ceiling bedroom #2 116x13 9' Ceiling Lauri, -2x6 • • Patio 126xiO Breakfast Area 12x6 9' Ceiling Raised Ear Kitchen 12x10-4 Raised Bar Living Room 176x 121i (CLEAR) 9' Ceiling Gas Logs i Front Porch 171O x 5-1 ■ o 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. 0 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 and/or maintain signs in accordance with this section, the public hearing before the Planning and Zoning Commission/City 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 lost, 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 lost, stolen or vandalized signs. Property owner signature Property owner name (typed) Be 4t e. c 1.1 ; by Applicant signature .,�.. p � Applicant(typed)r �� c= pp name Date Date • 1 PiA. L+ r 1 RO VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Certified Owner: KIRBY BRUCE V & DEBBIE 3610 CURTISS RD MANVEL, TX 77578-2808 Deposit No: Validation No: Account No: Operator Code: 1934380C 900000056844786 0548-0006-140 PEARI Year Tax Unit Name 2019 Brazoria County 2019 Special Road & Bridge 2019 Pearland Isd 2019 Brazoria Drainage Dist 4 2019 City Of Pearland Check Number(s): 1074 Exemptions on this property: HOMESTEAD OVER 65 Rec Type TL TL TL TL TL PAYER: KIRBY BRUCE V & DEBBIE 3610 CURTISS RD MANVEL, TX 77578-2808 Tax Value 137,568 137,568 258,160 162,568 249,536 Tax Rate 0.365233 0.050000 1.395600 0.146000 0.741212 Levy Paid 502.44 68.78 3,602.88 237.35 1,849.59 $6,261.04 Legal Description: A0548 H T& B R R TRACT 43B ACRES 1.5 Parcel Address: 3610 CURTISS RD CR 884 Legal Acres: 1.5000 Remit Seri No: Receipt Date: Deposit Date: Print Date: Printed By: P&I 0.00 0.00 0.00 0.00 0,00 $0.00 PAYMENT TYPE: 42142335 12/06/2019 12/09/2019 12/06/2019 02:14 PM PEAR1 Coll Fee Paid 0.00 0.00 0.00 0.00 0.00 Checks: ..sota1 Applied: Total Tendered: (for accounts paid on 12/06/2019) Change Paid: Total 502.44 68.78 3,602.88 237.35 1,849.59 $0.00 $6,261.04 $6,261.04 ACCOUNT PAID IN FULL $6,261.04 $6,261.04 50.00 (979) 864-1320, (979) 388-1320, (281) 756-1320 Page 1 of 1 51.1.9 Exhibit A Legal Description Being 1.5 acres out of Lot 43 of the Subdivision of the G. C. Smith Survey, Section 22, Abstract 548, according to the Plat recorded in Volume 2, Page 51 of the Deed Records of Brazoria County, Texas. Exhibit B Vicinity Map • Exhibit 1 CUP 20-00018 Zoning & Aerial Map Accessory Dwelling Unit 3610 Curtiss Road Legend Subject Property This product is for informational purposes and may not have been prepared for or he 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 NM' FIN! BEit. 2(r20 COMMUNITY 1)EY. DI IT. Exhibit C Online Notification NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: Conditional Use Permit Application : CUP 20-00018 A request by Bruce V. Kirby, applicant and owner, for approval of a Conditional Use Permit (CUP) for an accessory dwelling unit within the Suburban Residential-15 (SR-1 i) District, on approximately 1,50 acres of land; to wit: Legal Description: Being 1.5 acres out of Lot /13 of the Subdivision of the G. C. Smith Survey, Section 22, Abstract 548, according to the Plat recorded in Volume 2, Page 51 of the Deed Records of Brazoria County, Texas. General Location: 3610 Curtiss Road, Pearland, Texas, Summary: The applicant proposes to construct a 1225-square foot accessory dwelling unit with a kitchen adjacent to the existing 3,068 square feet home on the subject property. THE PUBLIC HEARING WILL BE CONDUCTED VIA TELEPHONENIDEO CONFERENCE on: Mcnday, November 16 2020 at 6:30 P.M. You are receiving this notice because appraisal district records indicate that you own property within 200 feet of 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 slowe@pearlandtx.gov or submit 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 and as permitted by the presiding officer during the meeting. All speakers MUST register in advance. To speak remotely during the meeting, speakers MUST: • Submit the online registration form found at: https://pearlandtx.civicweb.netlPortal/MeetingTypeList.aspx. • Registration must be received no later 12 p.m. on Monday, November 16. Once the registration form is received, residents will receive either an email or phone call providing them a telephone number to call on Monday, November 16. • Speakers roust 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 not be able to speak.