Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Ord. 2000CUP-41 2009-11-23
ORDINANCE NO. 2000CUP -41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD AS APPROXIMATELY .6 ACRES OF LOT 9, BLOCK 7, OF THE HICKORY CREEK SUBDIVISION, VOLUME 1, PAGE 162 OF THE B.C.M.R. IN THE BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY TEXAS (LOCATED AT 2206 O'DAY ROAD, PEARLAND, TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009 -18, TO ALLOW A PROFESSIONAL OFFICE IN THE GARDEN O'DAY- MIXED USE (GO -MU) ZONING DISTRICT, AT THE REQUEST OF TRIAD RETAIL CONSTRUCTION, INC., APPLICANT, AND FRANK B. HOLDEN DOROTHY W. HOLDEN., OWNERS, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. WHEREAS, Triad Retail Construction, Inc., applicant for Frank B. Holden Dorothy W. Holden, property owner, filed an application for a Conditional Use Permit for certain property, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A and more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B and WHEREAS, on the 16 day of November 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 ORDINANCE NO. 2000CUP -41 WHEREAS, on the 16 day of November, 2009, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application by Triad Retail Construction, Inc., applicant for Frank B. Holden Dorothy W. Holden, whereby the Commission recommended approval of the Conditional Use Permit, 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, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on November 23, 2009; 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 the Triad Retail Construction, Inc., applicant for Frank B. Holden Dorothy W. Holden, 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 limits of the City of Pearland, Texas, and presently classified as Garden /O'Day Mixed Use (G /O MU), is hereby granted a Conditional Use Permit to allow a professional office use in the Garden O'Day- Mixed Use (GO -MU) Zoning District; such property being more particularly described as: Approximately .6 acres of Lot 9, Block 7, of the Hickory Creek Subdivision, Volume 1, Page 162 of the B.C.M.R. in the Brazoria County Plat Records, Brazoria County Texas (located at 2206 O'Day Road, Pearland TX.) Page 2 of 4 Ord. No 2000CUP -41 ORDINANCE NO. 2000CUP -41 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. 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 the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the approval herein granted 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. Section VI. This Ordinance shall become effective after its passage and approval on first and only reading. Section VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety, and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be hereby waived. Page 3 of 4 Ord. No 2000CUP -41 ORDINANCE NO. 2000CUP -41 PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 23 day of November, A.D., 2009. TOM REID MAYOR ATTEST: l A YO NG LORFING, M CITY SECRETARY APPROVED AS TO FORM: Ca DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord. No 2000CUP -41 Exhibit "A" Application Ordinance No. 2000CUP -41 CUP APPLICATION Page 1 of 4 (Updated May 2008) V.- City of Pearland 7 C Development APPLICATION FOR 3523 Liberty Drive 'I'\ J;,_\ (Community Center) A CONDITIONAL USE Pearland. Texas 77581 s 281- 652 -1768 PERMIT (CUP) 281- 652 -1702 fax www cityofpearland com Conditional Use Permit Request for: of GL r 1 ro CeSS 16eNGG I 4 <x nt t-e. 1 8wS'net (list proposed use from the Table of Uses of the UDC) Current Zoning District: G b Al Property Information: f J Address or General Location of Property: #2-2- 0 0 Cos y 200-A Pc I er% TA 7') S2 Tax Account No. Subdivision: WC tf rw Pi the L p Lot: Block: 7 1 A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME Fre^ IN 3• No lice NAME So.y ocse y ADDRESS 2.315 CAO»k ry C )la thqu c- ADDRESS S 7 SO r oot.. S 1�vA0 CITY PLCl 4 STATE 7X ZIP 77 Sg/ CITY ?LCrtbrd. STATE 74 ZIP 775 S I PHONE(2S? yRl 64 2-c.... PHONE( 2.$I L/ TS 7 OO FAX( FAX( 2S y8 S 77 2 E -MAIL ADDRESS) :PE 6 :INCL.1-0r1 -MAIL ADDRESS 3. lkorS Cy@ T"cio.d rC.CCIA X1 :1-1 Q_ ..j nza W `KL. K::: 'Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract. As owner and applicant, I hereby r quest approval of the above described request as provided for by the Unified Developm it f the City of Pearland. %S 04 Owner's Signature: i Date: I r_/ t Agent's Signature: Date: -2.c Q(.. i' ©q OFFICE USE ONLY: FEES /2 6 DATE f RECEIVED p��1 RECEIPT PAID: 2J ri PAID: it) 7, BY: t✓U" I NUMBER: G Application No. c zb-G C t TRIAD C AM9 TIZI..YC1101+.L cs*ars. The City of Pearland Planning Department RE: Conditional Use Permit Application To Whom It May Concern: The purpose of this letter is to comply with the requirements of the conditional use permit application. The intended use of the property by Triad Retail Construction, Inc. is professional offices. This proposed location will be our national headquarters location. Triad is a construction management general contracting firm that provides services on a nationwide basis to our clients, who are primarily fortune 500 retailers. The occupants of the office will be as follows: President Vice Presidents Marketing Project Management Accounting Support Staff All of our field personnel (superintendents only) will be located on the jobsites and not in the corporate office. We do not employ any other field personnel. Nor do we dispatch work crews from the office at any time. There will be no storage outside the building, and the storage inside the building will be limited to office related documents, paperwork and miscellaneous items. There will be no manufacturing or prefabricating of material on site. Please contact me with any questions or issues. Sincerely, Dors President Triad Retail Construction, Inc. 5730 Brookside Road Pearland, Texas 77581 281.485.4700 281.485.7722 Fax Firs property IS 1o0ate1 M LEGEND the 700 yew ((044 Oak) 4. .3 SGLE- T 37 u.t -unITr (0500(111 OK OVERHEAD Weir= uuO in Intuto0 a rote trap 5037 .X O.1.-R0AL0 (07' 904 LINK L E 04 901 tra0 400390 00301 R. 0.M. -0NC11t Or WAY 00100 09.20 -99 IR. WON 000 LOT 5 g LOT 4 ei LOT 3 J i,L NORTH 125.00' ..n 3(7 510' 1A. 5• NE. OCT Orr IA. u u0. •C O— 3735. OC —r.-I 502 -a.. +r— 4•)• O 0Nt STORY I ON CONCR re sot 6.11• 1COR' 7 LOT 9 'd 011E sway N CTA. 1 BRICK BUILDING O o O SON CS 24 CY LOT8 1 N LOT 10 d eb 4 COriROiC d 01 4 O O O a O— b ttD11t ►OS: Q 4 a S d COYJICiC 10+ .O a 3 a A e b A '1 I Sae —D.. •i-- 7.r ,0000 I- d 4 d 15' D4 I 4 J 00: 9.6111(0 O 4 111 SI A 1 1 1 l o 507 5A• in I SCI 070• IA. MINAS' -LO SOUTH 125.00' ealth/LAST•0V rue VIP IA. 0 DAY ROAD 6 0 R. 0. V. frill 1(111 Sir IA K %4WD w03 03 A4 1004.0 401.0 CONCORD 0310C� 1*3 WPC MI( N O MOILS- 04.1104NKVS (0000 4 nq.At 11 OASIS 1011 0(401445. *3111100 AS ALAI MO V 010TN4C0 ews AOC 0001140 •01SINIC(0 i- SN 33 11115 53307307 VAS 000(00001 um. mg 114 r n r 1011 .711 D. T C010111N(NT, (AT(11(N IS AuD .1 2.43 NOON: T AO AAOD70000 ARC 1" 000ARDINO THE Gi1(0 4 P I i EXISTENCE Or EASEntiltS DR OCSYAICTNOrS Or 0. h'ORIN ACCORD HAS OCtu KRfObLD 0 g r ARv FA7V1_ f sw9clur -4:,' 43 S1IRVO NSCO DA /CST Or 03170'01100 NANO 3F'� C 1.1. V N 104 MI Or 7I1YlS ,0 4. 5 L ,J I f /WS C(Ri1r1CAT1O: 1S 0(730000 AN0 11115 Suoy(1 03 NVLL AN0 31010 V 1015 O0u•ENT IS AL1(4(D V: 6111 must*. uSCC 00 RELIED 14077 Sr I AN, 015 01,40 tom n4 7A 'NA(1(00 00.09. DA DM Of 10611 AN 011100.60. 1131111150 AND SEAL Or 1NC MY( UK I 101(1) Su1C119C1. 5(07000 9 I 0:4 7 I HICKORY CREEK PLACE accono•n0• (04:0)1 5140 Va_ 1, P[ 62 OF tic B.C.NR. BRajpRIA I Ii XAS ADDRESS Cin Ir' 000( 1(3X0 2206 O'DAY ROAD PEARLAND I 17901 •00[0•-G I Mt ((91.07 G.r 110 FRAME )7ti_ D0.t4 14tOM 111 1 31. AR SURVEYING 'De N' 09 -9e -030 Man 03 IMIIIIIIIIMM no 0011 410 KARµ\+3, 70.05 7)007 0«10610 N. NY (701) 4 17 779 4 MAXIiD)) 415 -74•4 *13311: Exhibit "B" Location Map Ordinance No. 2000CUP -41 1' i I 460c1 l j I 6016 66'2 1 ,0022 i .6,018 I &014 I 1 l OLIN OR 1 iI I 1 X2'37 I 1 ------1 I r37 1.41 1 ,2245 I LEGEND: GARDEN(ODAY AWED USE DIST k- '1 I;, 1 7 2202 w 1 jm. X231 4 14110 1 2201 130 MARSHA IN I 3201 111 1 '3 I '2]1 ;SUBJECT P ROPER 1 „2201 119 ILEGEID: LOW DENSITY RESIDENTIAL n ,2201 126 ,2201 i18 1 X14 I 1 r. 114207 g I i =q, 156 m i u1T 1 r y I 220' 124 L2271 125 ,2201 026 Z I I j I I 1 I ,1237 n 1 2242 0466 X47 11 65 6 2241 11 4241E0 i 6224 1 6 2241 /'S III 2241 s 68 X 7141 x ?4 X 2 24: W 58 X24113 2241.'46 KELLY LN 4 sT8 I i,1 2211 s94 6 or 1 I j AsyadGtS 6222 1 I I A118b i�42 `2241142 X241 s93 6 2242 sTT 2242 064 LOCATION MAP T CONDITIONAL USE PERMIT No. 2009 -18 NORTH 2206 O'day Road Pearland, Texas Exhibit "C" AFFI DAVIT OF PUB.... Ordinan P ce No. 2000CUP -41 The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for issues, as follows: No Date /0-.4 20_0_ No. Date 20 No. Date 20 No. Date 20 No. Date 20 CFO Subscribe and 'sworn to before me this day of led 20_ AURA ANN EMMQN i t Notary Rib lic State of i I A _AIL 0 11 Commission Expires :-09- 1 I 4 *;.0:.... a Ann Emmons, Publisher Notary Public, State of Texas Published October 28, 2006 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NO, CUP 2009.18 Notice Is hereby given that on November 16, 2009, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, In Braiaria, 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, on the request of the Triad Retail Construction, Inc., appli- cant for Frank B. Holden Dorothy W. Holden, owners, for a conditional use permit to allow a professional office In the Garden O'Day- Mixed Use (G9 MU) Zoning District, �n the following described property, to wit 'Legal DescrlpNofi: Approximately .8 eons of Lot 9, Block 7, of the Hickory Creek Subdivision, Volume 1, °Page 182 of the B.C.M:R. In the'Braxoifa County Plat Records, Brazoria County Texas. Location: 2206 Garden O'Day Road, Peariand, Texas At said hearing all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Angela Gantuah Senior Planner REPORTER NEWS (281) 485.7501 Exhibit "D" P &Z Recommendation Letter Ordinance No. 2000CUP -41 1 1 Pl anning on�mission Recommendation Letter November 17, 2009 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2009 -18 Honorable Mayor and City Council Members: At their meeting of November 16, 2009, the Planning and Zoning Commission considered the following: Request of the Triad Retail Construction, Inc., applicant for Frank B. Holden Dorothy W. Holden, owners, for a conditional use permit to allow a professional office use in the Garden O'Day- Mixed Use (GO -MU) Zoning District, on the following described property: LEGAL DESCRIPTION: Approximately .6 acres of Lot 9, Block 7, of the Hickory Creek Subdivision, Volume 1, Page 162 of the B.C.M.R. in the Brazoria County Plat Records, Brazoria County Texas GENERAL LOCATION: Located at 2206 O'Day Road, Pearland, TX Commission Member Ron Capehart made a motion to approve the Conditional Use Permit (CUP) to permit. The motion was seconded by Commission Member Darrell Diggs. The vote was 5 -0 and the motion passed. The Conditional Use Permit was approved. Sincerely, Ian Clowes, Planning Technician On behalf of the Planning and Zoning Commission Page 1