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Ord. 2000CUP-45 2010-11-22ORDINANCE NO. 2000CUP -45 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, PEARLAND, TEXAS. (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010- 10) TO ALLOW A HARDWARE STORE THAT IS LOCATED IN THE CULLEN -MIXED USE (C -MU) ZONING DISTRICT AT THE REQUEST OF JON QUINTERO, APPLICANT, ON BEHALF OF GILBERT ALLISON, OWNER, 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 Jon Quintero, applicant, on behalf of Gilbert Allison, filed an application for a Conditional Use Permit for hardware store 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 15th day of November, 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 -45 WHEREAS, on the 15th day of November, 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 Jon Quintero, applicant, on behalf of, Gilbert Allison, owner, 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 22, 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 Jon Quintero, applicant, on behalf of Gilbert Allison, owner, 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 hardware store 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 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. Page 2 of 4 Ord No 2000CUP -45 ORDINANCE NO. 2000CUP -45 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 -45 ORDINANCE NO. 2000CUP -45 PASSED, APPROVED, and ADOPTED ON FIRST AND ONLY READING this the 22nd day of November, 2010. ATTEST: SONIA WEBB DEPUTY CITY SECRETARY APPROVED AS TO FORM: C4� 4- ,--- DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 4 of 4 Ord No 2000CUP -45 Exhibit ''A" Application Ordinance No 2000CUP -45 CUP APPLICATION Page 1 of 6 (Updated June 2010) City of Peariand APPLICATION FOR Community Development Liberty rive •=.. °' 3523 liberty Drive A CONDITIONAL USE Pearat� n TexasC77581) �.`.` PERMIT (CUP) 281 - 652 -702 fax wmv.cityofpearfa nd. com Conditional Use Permit Request for: it a-L�, C"i l? E- (list proposed use from the Table of Uses of the UDC) Current Zoning District: Property Information: Address or General Location of Property: P5- S r c.c L Tax Account No. Subdivision: At y f. Li 7, .. 1 F' _ Lot:rr` Los c7 � _ Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: y f r NAME AD RESS CIT �' STATE�ZIP_ % 7 OT,-/% PHONE( `Z- 0 APPLICANT/AGENT INFORMATION: NAME �v, � rU, ADDR SS ! 6S C \Me, CITY L, ✓�c,,...- •' STATE 7 3'= ZIP % -? 5C6 i PHONE( 2 S 3L '�j 7 0 FAX(_} FAX( 1 E-MAIL ADDRESS ? AG) r4,4%e :5 E -MAIL ADDRESS ,(o^. -0 ( 4 ti & f �.� � 0'-0 /G 'Property owner must be the current owner of the property at the time of submittal o the application, and not the party that has the property under contract. As owner and applicant, I Pereby request approval of the above described request as provided for by the Unified Develop m -kc die of the C tyro I arland. Owner's Signatu'r Date: Agent'si Applicant's Signature: Date: t OFFICE USE ONLY: FEES ` r DATE % RECEIVED RECEIPT PAID: °'` PAID: ion, t Ia ! BY: _ NUMBER: 6 Applit ation N C )10 • (J Hardware Air Conditioning and Heat Supplies, LLC 1855 Cullen Blvd. Unit 107 Pearland, TX 77581 To whom it may concern. This letter is a formal request for a conditional use permit to operate a hardware store that will be located at 1855 Cullen Blvd. Unit 107, Pearland, TX 77581. We will be occupying approximately 6,000 square feet of the already existing metal building located at this address. The proposed use that we are applying for will be a hardware store. The inventory that we will carry will include items that you will find at just about any general hardware store, such as screws, bolts, ladders, paint brushes, caulk, glue, 2 wheel dollies, rope, PVC, PVC fittings, copper, copper fittings, electrical supplies, tape, sheet metal, ducts, pipe insulation, gas pipe fittings, thermostats, tools, shovels, brooms, air conditioning parts, heater parts, and other miscellaneous items that fit into this same general use. Our hours of operation ..vill be typical for the average hardware store: Monday through Friday 7:30am to 5pm, Saturday /Sunday from Sam to noon, If there is any other information that you may need from us please feel free to contact the business manager: John Quintero (832) 282 -3708. Professionally, John Quintero vit 7,31. E4 �:� t ., CUP APPLICATION Page 5 of 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 1/2 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 freestan g and cannot be attached to a tree, fence, or building. M1 ,P Brazoria CAD - Property Details Page 1 of 2 Brazoria CAD Property Search Results > 166390 ALLISON INVESTMENT for Year 2010 Property Account _ Property ID 166390.... . __..._. Legal Description: A0243 H T & B R R, TRACT 3 -3A, ACRES 9.996 Geographic ID: 0243 - 0001 -000 Agent Code: Type: Real _ $561,100 Location 0.060000 $561,100 $561,100 $336.66 Address: 1855 CULLEN BLVD Mapsco: PEARLAND, Neighborhood: COMM ACCTS Map ID: Neighborhood CD: COMM Tax Rate Appraised Value, Owner 0.000000 $561,100 Name: ALLISON INVESTMENT Owner ID. 266410 Mailing Address: 6427 W CREEK DR % Ownership: 100.0000000000% PEARLAND, TX 77581 DR4 BRAZORIA COUNTY 0.156000 $561,100 Exemptions: Values (PEARLAND) ( +) Improvement Homesite Value: + $0 +) Improvement Non - Homesite Value: + $464,750 ( +) Land Homesite Value: + $0 ( +) Land Non - Homesite Value: + $95,550 Ag / Timber Use Value ( +j Agricultural Market Valuation: + $254,310 $800 ( +) Timber Market Valuation: + $0 $0 {_) Market Value: _ $814,610 ( -} Ag or Timber Use Value Reduction. - $253,510 (_) Appraised Value: _ $561,100 ( -) HS Cap: - $0 (_) Assessed Value: _ $561,100 Taxing Jurisdiction 0.060000 $561,100 $561,100 $336.66 Owner: ALLISON INVESTMENT 1.419400 $561,100 $561,100 $7,96425 % Ownership: 100.0000000000% Total Value: $814,610 2.703601 Entity Description Tax Rate Appraised Value, CAD BRAZORIA COUNTY 0.000000 $561,100 APPRAISAL DISTRICT CPL CITY OF PEARLAND 0.665100 $561,100 DR4 BRAZORIA COUNTY 0.156000 $561,100 DRAINAGE DISTRICT #4 (PEARLAND) Taxable Value Estimated Tax $561,100 $0.00 $561,100 $3,731.88 $561,100_ $.., ,.... 875.32 GBC BRAZORIA COUNTY 0.403101 $561,100 $561,100 $2,261.80 RDB ROAD &BRIDGE FUND 0.060000 $561,100 $561,100 $336.66 SPL PEARLAND INDEPENDENT 1.419400 $561,100 $561,100 $7,96425 SCHOOL DISTRICT Total Tax Rate: 2.703601 llttp:// propaccess. trueautomation .coiTVClientDB/Property .asps ?prop_ id= 166390 10'20/2010 Brazoria CAD - Property Details Taxes w /Current Exemptions: $15,169.91 Taxes w/o Exemptions: $15,169.91 Improvement ! Building Page 2 of 2 Improvement #1: Commercial State Code: F1 Living Area: 20020.0 Value: S247,677 Prod. Value 1 Al sqft 2.7300 118918.80 0.00 Type Description Class CD Exterior Wall Year Built SQFT 406 STORAGE WAREHOUSE S 0.00 1991 15270.0 406 STORAGE WAREHOUSE S .. 1994 4750.0 Improvement #2: Misc Imp State Code: F1 Living Area: sqft Value: $34,956 Type Description Class CD Exterior Wall Year Built SQFT YPC1 CONCRETE PAVING AVERAGE N/A 1991 6450.0 YPC1 CONCRETE PAVING AVERAGE $349860 1998 3689.0 YPC1 CONCRETE PAVING AVERAGE 2009 1999 29155.0 Improvement #3: Commercial State Code: F1 Living Area: 15000.0 Value: $182,117 $615,670 $349,860 sqft 711,910 $0 Type Description Class CD Exterior Wail Year Built SQFT 406 STORAGE WAREHOUSE S $711,910 1999 15000.0 Land # Type Description Acres Sgft EH Front Eff Depth Market Value Prod. Value 1 Al FRONT ACREAGE 2.7300 118918.80 0.00 0.00 $95,550 $0 2 A4 IMPROVED PASTURE 7.2660 316681 20 0.00 0.00 $254,310 $800 �__ Roll Value History ........... _....._..... .. _._ .. _ _ _ ... - _.... - , Year Improvements Land Market . __... -. Ag Valuation Appraised HS Cap - -- Assessed - - -- 2011 NIA NIA N/A N/A N/A N/A 2010 $464,750 $349860 800 561,100 $3 $561,100 2009 $404,380 $349,860 730 500,660 $3 $500,660 .__. - - . 2008 $615,670 $349,860 .... 690 711,910 $0 $711,910 12007 $615,670 $349,860 690 711,910 $] $711,910 2006 $553,650 $249,900 690 622,590 $0 $622,590 12005 $386,240 $249900 690 455,180 $J $455,180 1 2004 $361,630 $99,960 690 389,620 $a $389,620 12003 $168,140 $8,340 0 176,480 $0 $176,480 2002 $170,850 $6,670 0 177,520 $0 $177,520, 2001 $170,850 $6,640 0 177,490 $0 $177,490 Last 3 Deed Transactions) Deed History - (La, # Deed Date Type Description ( Grantor Grantee Volume * Page 12130! 1339 12:00:00 AM WD WARRANTY DEED ALLISON'S CUSTO, ALLISON INVESTM 99 057945 Questions Please Cali (979) 849 -7792 VJebsite version: 1.2.2.2 Database last updated on: 10/6/2010 9:17 © 2010 True Automation, Inc. All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6 +, Netscape 7+ and Firefox 1.5 +. httpJ/ propaccess. trucautomation. com/ ClientDB/Property.aspx ?prop_id= 166390 10,120/2010 Brazoria County Tax Office Friday, September 17 2010 Property Tax Status Begin a New Search Go to Your Portfolio Tax Office FAO's Request a Tax Statement Make your check or money order payable to Ro'Vin Garrett, RTA 111 E Locust Angleton, Texas 77515 I� VISA r.I nrra Cage I of I A Convenience F_e of up to 2.65% will be charged for all credit card payments by the vendor provid'ng this service For eChecks, a convenience fee of $1 50 will be charged for each 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. ni:.;.•. ritil rti rl:•a'r -2 sell r:irtta refi,r's to taV. Iniormauorl for 2009. All amounts clue include penn,ly, Whwn avplrcatsle. Yiue t;� Lhc l it rye vulurnr + f work during Heavy payrrrt rrt v reras a r;, rui:at> :tie rr_.t� nOt rrzPle t payrnr_,nts thal hFave been received bur not yet pracasser.l, 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 Due Detail 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. Ti':: t:+ i e: Search A P I 0 Tax Raps ❑y Entitles Tax Office FAQ Appraisal Dtetr ct Relat?n ! inks Tar. 0-lice Home Nape Your Ta ( Portfolio Brazoria CC1r11 *l t,' 1-10111e County Dhecto-y C Lmr Issioner's Cwrt Hoildar, Schedule Related Links CourLhouse History 1011 I-'OSnn E m,-,,i. royincl Owbiazoria-cuun Ly.cornl > )602 -2010 Appra,sa! R CcAnfion rechnolog(ea. 11 E. LCCUit S•IAP AR ngrts lesarved. ai1get9".IK 77,515 C4996 -2006 &etofia County i97iij 354.1320 - h ttps -. / /actwe b. aettax. coin /ac t_webde v /bi-azo ri,t /sho ",det ai 12 . j sp ?can =0243 000 1000,.otvner... 9/17/2010 Exhibit "B" Location Map Ordinance No. 2000CUP -45 SUBJECT PROPERTY -1855 CULLEN +;fit c: m, VICINITY MAP T CONDITIONAL USE PERMIT CUP 2010 -10 NORTH 1855 CULLEN BLVD, PEARLAND, TEXAS Pd VICINITY MAP T CONDITIONAL USE PERMIT CUP 2010 -10 NORTH 1855 CULLEN BLVD, PEARLAND, TEXAS A I Exhibit "C AFFI D VI ° T p OF ■ UBL Ordinance Noa2000CUP -45 The Pearland Reporter News _ 24014 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby in THE REPORTER NEWS, a newspaper of general � appended. was published and Galveston Counties, for tion m Brazona, Harris � issues, as follows: No. 7. — Date /l7.,,27 20 .. , No. Date 20 No. Date 20 No. Date 20 No. Date 20 - CFO ;m - Subscribe and sworn to before me this .2-5 /l�____ day of 20 Laura Ann Emmons, Publisher Notary Public, State of Texas o� Published Oct. 27, 201U NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS ONDITIONAL USE PERMIT NO. CUP 2010.10 Notice is hereby given that on November 15, 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 Jon Quintero, applicant for Gilbert Allison, owner, for approval of a Conditional Use Permit to allow a Hardware Store in the Cullen Mixed Use (C -MU) zone, on the following described property: Generally located at 1855 Cullen Blvd, fur- ther 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 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. At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Harold Ellis Senior Planner Exhibit "D" P &Z Recommendation Letter Ordinance No. 2000CUP -45 �-FlaII I9 i ZOM9 CO Recommendation Letter November 16, 2010 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2010 -10 Honorable Mayor and City Council Members: At their meeting of November 15, 2010, the Planning and Zoning Commission considered the following: A request of Jon Quintero, applicant for Gilbert Allison, owner, for approval of a Conditional Use Permit (CUP) to allow a Hardware Store in the Cullen Mixed Use (C -MU) zone, on the following described property: 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: 1855 Cullen Blvd, Pearland, TX Commission Member Darrell Diggs made a motion to approve the Conditional Use Permit (CUP) to permit. The motion was seconded by Commission Member Henry Fuertes. The vote was 5 -0 and the motion passed. The Conditional Use Permit was recommended for approval. Sincerely, Harold Ellis, Senior Planner On behalf of the Planning and Zoning Commission Page 1