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Ord. 2000CUP-42A 2010-07-26ORDINANCE NO. 2000CUP -42A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT APPROXIMATELY 4.9990 ACRE TRACT OF LAND BEING THE NORTH ONE -HALF OF LOT 3 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBURB GARDENS SUBDIVISION OF SECTION 19, H.T. & B.R.R. CO. SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGES 23 -24, PLAT RECORDS, BRAZORIA COUNTY, TEXAS. (GENERALLY LOCATED AT:1855 CULLEN BLVD SUITE 304, PEARLAND, TEXAS). CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010 -05 TO ALLOW A HEALTH CLUB/GYM THAT IS LOCATED IN THE CULLEN -MIXED USE (C -MU) ZONING DISTRICT AT THE REQUEST OF SHAWN MCDONALD, APPLICANT, ON BEHALF OF ALLISON INVESTMENTS LLC., 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 Shawn McDonald, applicant, on behalf of Allison Investments LLC., filed an application for a Conditional Use Permit for health club /gym of 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 19th day of July, 2010, 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 -42A WHEREAS, on the 19th day of July, 2010, 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 Shawn McDonald, applicant, on behalf of, Allison Investments LLC., owners, 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 July 26, 2010; 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 Shawn McDonald, applicant, on behalf of Allison Investments LLC., owners, 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 Cullen -Mixed Use, is hereby granted a Conditional Use Permit to allow health club /gym use in the Cullen -Mixed Use zoning district portion of the subject property; such property being more particularly described as: Approximately 4.9990 Acre Tract of Land being the north one -half of lot 3 of the Allison Richey Gulf Coast Home company Suburb Gardens Subdivision of Section 1.9, H.T. & B.R.R. Co. Survey, Abstract 243, Brazoria County, Texas According to the map or plat thereof recorded in Volume 2, Pages 23 -24, Plat Records, Brazoria County, Texas. Page 2 of 4 Ord No 2000CUP -42 ORDINANCE NO. 2000CUP -42A Section Ill. 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 -42 ORDINANCE NO. 2000CUP -42 PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 26th day of July, 2010. TOM REID MAYOR ATTEST: r APPROVED AS TO FORM: Z4,� A- Cs- DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 200000P -42 Exhibit "A" Application Ordinance No, 2000CUP -42A CUP APPLICATION Page 1 of 4 (Updated April 2010) City of Pearland APPLICATION FOR Community 35 3D Liberty Drive A CONDITIONAL USE Pearland, Texas 77581 PERMIT (CUP) 2812652 702 fax www.cityofpeartand.com Conditional Use Permit Request for: HFALIH a G (list proposed use from the Table of Uses of the UDC) Current Zoning District: (�' - eK u C c� ,J - n1 -Cx/,CC�s L-> �7-s Property Information: Address or General Location of Property: L L- V D: Tax Account No. Subdivision:: �, 4.3 N &R R A,r /2^ c T° Lot: Block: ? -3A A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANTIAGENT INFORMATION: NAME +LA- C NAME M A u o u A L 0 ADDRESS ADDRESS. I ] i - CITY?&.a fLL-A 0 STATEM,�ZIP - Sfj i CITY 'Ar •s_�� r\ STATE�ZIP' �3 PHONE( '7 f 1 )-7 Oa 06, 2 2 PHONE('? i 3 )_ a 91 s 1 7; t)� FAX( ) FAX( ) E -MAIL ADDRESS 6.',2:L- ai! LLB 5-a J �Z o ► -t rz E -MAIL ADDRESSS h ` I '^O R-t *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 request approval of the above described request as provided for by the Unified Develop t gooee of the =Parland. Owner's Signature: Date. l� Agent's! Applicant's Signatur : � ` Date: 5 I U OFFICE USE ONLY: FEES PAD � . PAID BY. CEIVED ,� ` NUMBER: ;, S 1-7 Application No. CQP �Ll Ito, — Application For A Conditional Use Permit (CUP) H (I-A L-'r f-k 4-�- J--- G Additional Anent Information Z- Name C'7 c. l�,ca,rc IzF 2 Address City State ZIP Phone ? i - 1 - LC Fax -S /7 - E -mail Address y Agent Signature Date iI/ 12-o i Allison Investments(Owner: Gilbert Allison), LLC give Oziel "Ozzie' Ramirez the right to act as an agent for the application of the CUP for the property located @ 1 855 Cullen Blvd. CUP for Health Club. Respectfully, Gilber Allison Ft-A r,ulke-n �>WA, SHAWN M. MCDCNALD ATTORNEY AT LAW TELE ?HONE 1713: 226 -2523 SAX 1113! 22­2Q22 .tune I5. 2010 Pearland Planning, and Zoning Commission City of Pearland Community Development a52 i Liberty Drive (Community Center) Pearland. Texas 77581 RE: Conditional Ise Permit 1855 Cullen Blvd. 4_-'04, Pearland Tr 77581 Planning and Zoning Commission, THE LYRIC CENTRE 440 LOUISIANA SUIT_ 5?30 HOUSTON. TEXAS 770(:)Z I am submitting ail application for a Conditional Use Permit for the above stated address We are requesting a pennit for a Crossfit gym, which is a strength and conditioning prograin consisting of functional movements done at extremely h14g11 intensity. We are licensed and reuistered with Crossfit Inc. and �Ne will have three certified Crossfit trainers working within the facility-. Pearland is the only suburb in the greater Houston area that does not current[~, have a Crossfit gvni. Crossfit is utilized by thousands of law enforcement agencies, countless enlisted military personnel, as well as the \acv Scals and Florida Marlins as their principle strength and conditionim- program We fully anticipate we will be training illrllleron5 first responders, including Police Officers, Federal Agents and Firefighters. The faeilih- would include a 2.500 square foot metal br_iilding, 800 of W111A Would be office space, leaving 1.700 square feet of training area. The equipment used within the 4eym Mould include free weights, pull -up bars. kettlebells and barbells \tiith \ el-\ limited use of machine weir =fits. To obtain more Inforination you can visit the C rossfit s nlain site at . Our operating hours would consist of early morning classes from 5 am — 8 am, a noon class and evening classes ranging from 4 pnl until 7 pill 5 -6 days a �\eek The property includes three \ arehouses that are essentialk identical Line [give Sports, x0ich is a baseball training facility. occupies one warehouse and the Houston Chronicle occupies the other. SHAWN M. MCbONAt_D ATTORNEY AT LAW T E L^;PHONE 0131 223 -2523 FPX 17131 221-2922 THE LYRIC CENTRE 440 LOUIS-MA SUITE 900 HOUSTON. TEXAS 77002 Poe 111L Cokle. %� e ntcd at otal of thirteen parking spaces and IOW 11alld Ica p spots fOr tale _2,500 AILMI -C li}ot klildinU'. l here k SlI fiCiCnt �+yu�re I' otog -c ill the propert\ to acCOr111rlodatC 111E I-C�luil -Cd >paCCS. li \otl IlCed anc additicmal i[I601111aIiO1) or if 1011 haXC <lll\ LI Lie SdO[I5 plcaSC LIO not hesitate to contact. Ills' at %our conk cluclice. IZespecltlllll . Sllamn 1. McDonald PCarland Crosstit LLC CUP APPLICATION Page 5 Qr 6 (Updated June 2010) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP). or a variance 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 feet (30') 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 ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, 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 2 feet by 3 feet, but no larger than 4 feet by 4 feet • At least 2 feet above the ground • Blue or black lettering that is a minimum of 3 inches by 112 inch, on a white background • Message content as follows: PROPOSED (SPECIFY REQUEST) Contact City of Pearland 281- 652 -1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. CUP APPLICATION Page "o of o" (Updated June 2010) Additional Information; • Upon malting an application for a zoning change or conditional use permit, 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 or conditional use permit 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 or conditional use permit has been requested. • In the event the applicant shall fail to erect and/or maintain signs in accordance with this section, then the public hearing before the Planning and Zoning Commission /City Council 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 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.. Brazoria COUnth- Tax Office Monday, June 14 2010 Page I of 1 Property Tax Status Begin a Plew Search Go to Your Portfolio Tax Office FAA's Request a Tax Statement Make your check or money order payable to. Ro'Vin Garrett, RTA I71 E Locust Angleton, Texas 77515 �tara• VISA cChrtck A Convenience l=ee of up to 2.65% will be charged for all credit card payments by the vendor providing this service. For eChecks, a convenience fee of $ 1.50 will be charged/breach transaction. The fee covers the cost of making payments by credit card possible The fee will appear as a charge to 'Certified Payments' No part of this fee is retained by Brazoria County. Unless otherwise noted, all data refers to tax information for 2009. All amounts due include penalty, interest, and attorney fees when applicable. Due to the large volume of work [luring heavy payment periods amounts due may _not reflect payments that have been received but not yet processed. Account Number: 02430001000 Address: ALLISON INVESTMENT 6427 W CREEK DR PEARLAND, TX 77581 Property Site Address: 1855 CULLEN 77581 Legal Description: A0243 H T& B R R, TRACT 3 -3A, ACRES 9.9 96 Current Tax Levy: $13,228.10 Current Amount Due: $0.00 Prior Year Amount Due: $0.00 Total Amount Due: $0.00 Pending Credit Card or E -Check Payments: No Credit Card Payment Pending Jurisdictions: BRAZORIA COUNTY BRAZORIA DRAINAGE DIST 4 CITY OF PEARLAND PEARLAND ISD SPECIAL ROAD & BRIDGE Market Value: $754,240 Land Value: $349,860 Improvement Value: $404,380 Capped Value: $0 Agricultural Value: $730 Exemptions: None Last Certified Date: 09/03/2009 Last Payment Amount for Current Year Taxes: $13,228.10 Taxes Duna Detall by Year and Jurisdiction Payment Information Click Here to see your estimated amount due for a future date. You can see this information by year and by both year and jurisdiction. Tax Office: Search & Pay Taxes Tax Rates & Entities Tax Office FAO Appraisal Distinct Related Links Tax Office Home Paq Your Tax Portfolio Brazoria County: Home County Direc',ory Commissioner's Court Holiday Schedule Related Links Courthouse History Job Postings E.naic rovin_q.@brazoria-county.com 111 E Locust Suite Angleton. T %77515 1979? 864 -1320 2052.2014 App, „sal 3 Cot:action 7e:hro!cg.es All n91tts reserver ' f998 -2006 8razona Cowin• https: /,/act�%-eb.acttal. con - fact_”- ebde�?fbrazoria/showdetail2.jsp ?can =0244 30001000&o%Nnler... 6/14/2010 CLIP APPLICATION Page 2 of 6 (Updated June 2010) APPLICATION CHECKLIST FOR THE FOLLOWING Conditional Use Permits (CUP) implication, filled out completely, and signed by the owner of the property to be co idered for the conditional use permit. If the applicant is the designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on his behalf. Section 1.2.1.1 (a) of the Unified Development Code. "- � o r 6 � (. rk P L. P t� ups r PAYMetes and Bounds Description, (Survey, or a Plat of the property that contain the metes and bounds description). E4'Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. E2('Letter of Intent, explaining the conditional use permit request in detail, specifying proposed uses, specific operations of the use, square footage of buildings, unique characteristics of the property, and any other necessary information [] Application fee of $250.00, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) [] Site Plan or Plot Plan showing the proposed layout of the subject property, including any proposed buildings, parking, landscaped areas, detention ponds, fences, and any other relevant information - P�,-r,Aylr_ c> tLA w Ph 9-<-VP [t/Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing 5/provide evidence or proof that all taxes and obligations have been paid regarding t subject property. Application packets that are not complete will not be accepted. When a completed application packet has been accepted and reviewed, additional information may be required by staff as a result of the review, it may be necessary to postpone the proposed CUP /Zone Change and remove it from the scheduled agenda and place it on a future agenda date according to Section 1.2.1.2. of the Unified Development Code. WALKER I,. TREESIi Registered Profesai€rrtal Lund Sunleyor P_O. Box 21Q Peadand. Texas 77568 71 3-485 -5191 1" 1fl01 al[IMarch 5, 1991 J.. 91 -1B89 ti,[o „[�Tison Custom Milling, Inc. 35 I NOTE: This property does not lie within the 100 year flood plain according to the F.E.M.A. Flood Insurance Rate Map for Bra - 4.9990 Ac. Total zoria County, Texas, Community -Panel No. 485458 0030 H, Dated: June 5, 1989. Less 0.1019 Ac. in FM 865 Zone X Ac. Net �o p k m PLAT SHOWING A SURVEY OF A 4.9990 ACRE TRACT OF LAND BEING THE NORTH �I. ONE -HALF OF LOT 3 OF THE ALLISON- n ° °� RICHEY GULF COAST HOME COMPANY SUB- URBAN GARDENS SUBDIVISION OF SECTION a 19, H.T. &B.R.R. CO. SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORD- ING TO THE MAP OR PLAT THEREOF RECORD ED IN VOLUSIE 2, PAGES 23 -24, PLAT RE- Z CORDS, BRAZORIA COUNTY, TEXAS, se-T GOY /YrE4 /iCAO,� � I �Na No srr.w zG /•9S' 0 'i�r/1 /r TO- Texas Fidelity Title Co., CF# 9000729, and SBA, Exclusively.R r, t, l,laCa L- TpE(sn., '7CwISi[ACC �a.�(S i51.n.1 5 La n4 S�••C T' =W ,w T„C S[C [C ar Tr.Fi, nC.[9r :C R'Y!, • 5 v( r• , r -C t. •(r ;..5 S,iarCr :... C�!-.., {5 �n�f r551):.a• ][q+I..{ _ r•)au, Yn,S P • ,. P. �(:'Cr .E'PC iC.,Ti T..0 !•[Y r.)u� • -�[ T, 5• any fi .nR' �� 1 i �� .i _ TC -1 5a CTT r Cr oPW 6([5i, ]n(C Yll WV EI yWi �T•.r0i.05, •no .PE [.r ,ya s�,ns rbW . [i :,AL.KER L. TREES) Re is' , -erei Pro: essi .:(! Le I :;,rrv,.or % 1 Exhibit "C" Publications AFFIDAVIT OF PUB..... , Um n Ordinance l No 2000CU ° 42A The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria 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 Brazoria, Harris and Galveston Counties, for / issues, as follows: No. f Date � "so 20 /0 No. Date 20 No. Date 20 No. Date 20 No. Date 20 CFO Subscribe and sworn to before me this day of i-� 20-/0 'r • �• � � I F, 1' 1'• 1 1 s trrr.s.- }:vsel�wra'ss�_r�.st� ra Ann` Emmons, Publisher Notary Public, State of Texas Published June 30, 2010 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE APPLICATION NO, CUP 2010.05 Notice is hereby given that on July 19, 2010, 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, on the request of Shawn Mc- Donald, applicant, on behalf of Allison Invest- ments LLC., owners of 1855 Cullen Blvd. Suite 304, for a conditlonal use permit for a health club /gym, being located in the Cullen Mixed -Use (C -MU) Zoning District, on the following de- scribed property, to wit: Approximately 4.9990 Acre Tract of Land being the north one -half of lot 3 of the Allison Richey Gulf Coast Home com- pany Suburb Gardens Subdivision of Section 19, H.1 & B.R.R. Co. Survey, Abstract 243, Brazoria County, Texas According to the map or plat thereof recorded in Volume 2, Pages 23 -24, Plat Records. Brazoria County, Texas. (Gener- ally located at: 1855 Cullen Blvd Suite 304, Pearland 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 Exhibit "B" Location Map Ordinance No. 2000CUP -42A 8211 - - -- - - _ 6412 6�ri 1782 WA 1749 Ejl;�1750 SUBJECT PROPERTY -1855 C - 1609 r r m I 1605 8717 8733 6801 8700 8705 8715 8515 1904 1821 8635 an 8516 8507 HAWK RD 8618 1831 8014 8611 8610 8534 8538 VICINITY MAP T CONDITIONAL USE PERMIT CUP 2010 -05 NORTH 1855 CULLEN BLVD, PEARLAND, TEXAS Exhibit "D' P &Z Recommendation Letter Ordinance No. 2000CUP -42A Planning &Zoning Commission F commendation Letter July 20, 2010 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2010 -05 Honorable Mayor and City Council Members: At their meeting of July 19, 2010, the Planning and Zoning Commission considered the following: A request of Shawn McDonald, applicant, on behalf of Allison Investments LLC., owners of 1855 Cullen Blvd, Suite 304, for a conditional use permit for a health club /gym, being located in the Cullen Mixed -Use (C -MU) Zoning District, on the following described property, to wit: LEGAL DESCRIPTION: Approximately 4.9990 Acre Tract of Land being the north one -half of lot 3 of the Allison Richey Gulf Coast Home company Suburb Gardens Subdivision of Section 19, H.T. & B.R.R. Co. Survey, Abstract 243, Brazoria County, Texas According to the map or plat thereof recorded in Volume 2, Pages 23 -24, Plat Records, Brazoria County, Texas. GENERAL LOCATION: Located at 1855 Cullen Blvd., Pearland, TX. Commission Member Neil West made a motion to approve the Conditional Use Permit (CUP). The motion was seconded by Commission Member Richard Golden. The vote was 5 -0 and the motion passed. The Planning and Zoning Commission recommended approval of the CUP. Sincerely, Angela Gantuah, Senior Planner On behalf of the Planning and Zoning Commission Page 1