Ord. 2000CUP-48 2011-04-11 FAILEDApril 11, 2011
Failed
ORDINANCE NO. 2000CUP -48
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, APPROXIMATELY 0.550 ACRE CERTAIN TRACT OF LAND OUT OF
THE NORTHWEST ONE - FOURTH (M.W. 1 /4T") OF THE H.T. B.RR CO. SURVEY,
SECTION ELEVEN (11), ABSTRACT 239, BRAZORIA COUNTY, TEXAS.
LOCATED AT 4904 WALNUT STREET, PEARLAND, TX (CONDITIONAL USE
PERMIT APPLICATION NO. CUP 2011 -04) TO ALLOW THE OPERATION OF
A CONSIGNMENT SHOP, IN THE OFFICE PROFESSIONAL (OP) ZONE, AT
THE REQUEST OF REV. B.V. BARNETT, APPLICANT AND OWNER,
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS Rev. B.V. Barnett, applicant and owner, filed an application for a
Conditional Use Permit to allow the operation of a consignment shop, on 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 21St day of March, 2011, 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
WHEREAS, on the 218t day of March, 2011, 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 Rev. B.V. Barnett,
applicant and owner, whereby the Commission recommended approval of the
ORDINANCE NO. 2000CUP- 48
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 April 11, 2011; 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 Rev. B.V. Barnett, applicant and 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 Office Professional (OP), is
hereby granted a Conditional Use Permit to allow the operation of a consignment shop
in the Office Professional (OP) zoning district; such property being more particularly
described as:
Approximately 0.550 Acre Certain Tract of Land out of the northwest one - fourth
(M.W. 1 /0) of the H.T. B.RR CO. Survey, Section eleven (1.1), Abstract 239,
Brazoria County, Texas.
With the following conditions:
1. No outside commercial related activities may take place on site
2. No outside storage on site
3. No commercial vehicle storage on site
Page 2 of 4
Ord. No 2000CUP -48
ORDINANCE NO. 2000CUP- 48
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 second and final reading.
Page 3 of 4
Ord. No 2000CUP -48
ORDINANCE NO. 2000CUP -48
2011.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of April,
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of April, 2011.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord. No 2000CUP -48
Exhibit "A"
Application
Ordinance No. 2000CUP -48
CUP APPLICATION Page 1 of 6 (Updated June 2010)
City of Pearland
unity
APPLICATION FOR Comm 3523 Development
(Community Center)
A CONDITIONAL USE Pearland Texas 77581
PERMIT (CUP)
281-662-1768
652 -1 02fax
281 -852 -1702 fax
www.cityofpeadand.com
Conditional Use Permit Request for: 90 %� 6+r ,94 /Yc,� T S7`
(list Proposed use from the Table of ases of the UDC)
COA15f 610
Current Zoning District.
Property Information:
Address or General Location of Property: # d q w 0 �-7—
Tax Account No.
o� �3
f7 C�
&o a
Subdivision: Oz/
To.t}
n1
Lot: ./ 7- /- 1 L,
Block: 2
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME
ADDRESS 6;�CAa�
CITY STATE 7Ok ZIP 7 `�
PHONEL;ZY l) '7 ' U
FAX( )
E -MAIL ADDRESS
APPLICANT /AGENT INFORMATION:
101111'1
I;adiGllq
5 4mt .AS 0+.0 dl& i-
"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 Development Code of the City of Pearland.
Owner's Signature: I e . � —Date:-/— ' z-"(r" 11
Agent's/
Applicant's Signature: SAYvIE A5 A Q of Date:
Application No.
CUP APPLICATION Pad o 2 of 6 (Updated June 2016)
APPLICATION CHECKLIST FOR THE FOLLOWING
Conditional Use Permits (CUP)
;,Application, filled out completely, and signed by the owner of the property to be
considered 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.
Metes and Bounds Description, (Survey, or a Plat of the property that contain the
metes and bounds description).
" Parcel map, printed from the City of Pearland website, indicating the location and
boundaries of the subject properly.
etter 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
2'Application fee of $250.00, by rash, check made payable to the City of Pearland,
or credit card (Visa and MasterCard only)
,r 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
Acknowledgement of the sign to be posted on the property 10 days prior to the
public hearing
�rovide evidence or proof that all taxes and obligations have been paid regarding
the subject property.
F-] 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 /lone 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.
Notice of Confidential €ty Ri;lats: If you area natural person, you may remove or strike any
and all of the following information from any instrument that transfers an interest ilk real
property before it is filed for record in the public records: your social security slumber or
your driver's license number.
GENERAL WARRANTY DEED WITH VENDOR'S LIEN
Date: September 24, 2009
Grantor; Sonya Ann burgaleta alkla Sonya Dare and Bennis Dare
Grantees 2 Barnetts, Ltd., a Texas Corporation
Grantee's Mailbag Address (include county):
5402 Ryan Acres, Pearland, Texas 77564 (Braaoria County)
Consideratiou:
CsWi and oixe note of even date herewith exceuted by Gxantee, payable to tlic order of Sonya Ann
Burgaleta a/k /a Sonya Dare anti Dennis Dare, in the principal amount of SEVENTY FOUR
THOUSAND FOUR HUNDRED AND N01100 DOLLARS (9;74,400.04). This Note is secured
by the first and superior vendor's lien against, and superior title to, the Property retained in this
Deed in favor of Sonya Ann Btugaleta alkla Sonya Dare and Dennis Dare and is secured by a
first•licn Deed of Trust of even date from Grantee to Jeanne Bunnell Lcach, mstee.
Property (including any improvements),
THAT CERTAIN TRACT CIF LAND OUT OF THE NORTHWEST ONE - FOURTH (Mm.
V H) OF THfi 14.T. B.RR CO. SURVEY, SECTION ELEVEN (11), ABSTRACT 219,
B RA7.ORIA COUNTY, TEXAS, MORE, PAR TICULAJtLY DESCRIBED BY M- ETES AND
BOUNDS AS FOLLOWS:
BEGINNING Al' AN IRON PIPE LOCATE[.) IN THE SOUTH LINE OF W) LNUT STREF7,T
(COU NTTY ROAD NO. 409), SAME POINT BEING LOCATED EAST 72 FEET (E. 72')
FROM THE, INTERSECTION OF TBE 0,18TIN'Cl SOUTH LINE OF WALNUT STRE r
WITH THE EMSTING EAST LINE OF COUNTY ROAD NO, 104; SAME POINT BEM-i
LOCATED EAST 97 FEET (E. 9T) ANE) SCIITIF1 56.56 FEET (,`¢, 56.56') FRO2VI THE
NOR "171WEST CORNER OF THE: H.T, B,RR CO. SURVEY, SEC'TIO'N ELEVEN (11),
ABSTRACT
Q
'ITIENCE EAST ALONG THE SOUTH LING. OF WALNUT STREET 120 FEET TO AN
IRON PIPE FOR CORNER;
Ti1ENCE SOUTH ALONG A LING ?, PARALLEL TO THE WEST LINE OF ABSTRACT 239,
A DISTANCE OF 200 FEET TO AN IRON PIPE POP, CORNER;
THENCE WEST ALONG A LINE PARALLEL TO WALNUT STREET 120 FEET TO AN
IRON PIPE FOR CORNER;
THENCE NORTH ALONG A LINE PARALLEL TO I HE WEST LINE OF ABSTRACT 239,
A DISTANCE OF 260 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.55 ACRES
OF LAND.
Reservations from Conveyance:
Grantor excepts from the Property conveyed and reserves unto itself, its successors and assigns,
all of the oil, gas and minerals of every kind and character, ,vhtthor similar of dissimilar, known
or urticnown, in, on under and which may be discovered, mined, produced or recovered from the
Property, or any portion thereof, that are owned by Grantor, if any, as of the date of this
Deed.(hereivafter the "Mineral Reservation ")
Notwithstanding the foregoing Mineral Reservation, Grantor, on behalf of itself, its successors
and assigns (including 'future owners of the Mineral Reservation), forever WAIVES,
RELFASES and RELINQUISHES unto Grantee, its sn" essors and assigns, all of the Grantor's
rights to enter, use, or occupy the Property or any part thereof for the purposes of exploring,
developing, drilling, producing, transporting, mining, 'treating, storing or any other purposes
incident to or in any manrtcr related to the development or production of oil, gas and other
minerals or to enter upon the surface of the Property for the purposes of doing ally o£ fire
foregoing. Neither Grantor., nor its lessees, shall be permitted to place any drilling equipment or
accessories (including, but not limited to drilling rigs, casing, tubing, Compressors, he ;ater -
treaters, separator,, tanks, fixtures, cequipraimt, buildings, roads, pipelines or other structures)
upon the surface of the Property, under or by virtue ofitv rights as the owner of the oil, gas and
miner€ is on, in and under the :'roperty.
F.Xcepticns to conv,gw1ce and Warrant, s
"T'hc conveyance is made and accented subject to any and all Liens described as part of the
Co nsidcra.tiun and any other liens described in this deed d as being either assunsed by Grantee or
subject to which title is taken by Grantee; validly existing restrictive covenants common to the
platted, subdivision in which the Property is located; standby fees, taxas, and assessments by any
taxing outhor'sty for the year 2009 and subse,uent years, and subsequent taxes and assessments
by any taxing authority for prior years due to change in land usag-e or urvnership; validly existing
utlisty case;uents croated by the dedication dead or plat of the subdivisiion in which ttae Propinay
is located. including but not limited to the fnlleiwi7tg:
��i C>
�G
nry.
V P "
i
i
i
ae
NOLW 5FF NiS.
_- _.H'Ji5EF13735 ___
VLL4GE P.UiLS _
K'
G
G GLEN ..�E
1
v�
d
c
a -
O' -
ti
a
a
E
o
t3;
2 aARNETTS LTD
5402 Ryan Acres Dr
Pearland, TX 77589
February 7, 2019.
City of Pearland, TX
Mr. Herold Ellis
Senior Planner
To whom It may concern:
This is a letter of intent on the property, 4904 W. Walnut St. It will be used as a resale area,
leased to Right Price Moving Co. Property leased as is, with the building that is already there.
They will work out of it until the move -in building is permitted.
Thank you for working with me,
B,v. Barnett
MIT ePUR A
upe-
llucl'i,o
041orA
° Ro
R,
:mom
CASII
INI te .. C,-"Ed
`Tr-
CUP APPLICATION Pegg G of 6 (Updraled 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 (t) 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 properly 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 minimurn of 3 Inches by 112 inch, on a white
background
• Message Content as ,follows;
PROPOSED (SPIM.FY- FIEME --,T j
Contact City of Pearland
281 - 652-11768
*Signs must be professionally made; handwritten signs are not allowed.
*Signs must be freestanding and cannot be attached to a tree, fence, or
building.
DUPLICATE TAX RECEIPT
RO'VIN GARRETT, RTA
HRAZORIA COUNTY TAX ASSESSOR • COLLECTOR
III E. LOCUST
ANGLETON, TEXAS 77515
Cat tilled Oevnen
2 HARNETTS LTD
5402 RYAN ACP.CS DR
P'EARLAND , TX 77584.9017
Vepw1t No:
0010045
ValldoHon Na:
1262
Account Nn:
0239 - 0026 -000
Operator Cade:
BAND
Year Tax Unit Name
2010 13razmrn County
2010 Special Road& Bridp
2010 Peaeland Lsd
2010 Alazorla Drainage Dist4
7010 City Of Narland
4�egk Nueataar(�,i
00011850
Lral t ensrn kis arm e_!=.
Legal Description:
LT 1L 239 it T & S PEARLAND, ACRES 17.5511
Parcel Address: 4904 WALNUT
Legal Acres: 0.5$00
Ramlt Seq Noi 17975112
Tteeoipt Data: 01131/2011
llepoait Hate: 02/0112011
Prlat Unto: 02/17/1,011
Tax Value
Tax Efate
Levy Paid
P &I
('011 Fee Paid
Total
47,920
0.403101
19317
0.00
0.00
197,17
47,920
0.060000
28.75
0100
0.00
28.75
47,720
1,419400
68018
0.00
0.00
680.18
47,920
0.116000
7476
0.00
0.00
74.76
47,920
0.65SI00
318.72
0.00
0.00
318.72
51,295.5a^
80.00
_ -_ -_ $0.00
$1.,295.58
PAYER:
213ARNETTS LTD
5402 RYAN ACRES DR
PEARLAND , TX 77584 -9017
PAYMENT TYPE:
Checks: --
Total Appiled;
Change Pald:
ACCOUNT PAID TN PULL
$1,295,58
_._._...._ —_ __..,.
51,29.._5.58
$0.00
(971) 8 644 320, (979) 389. 1370, (287) 756,820
Page 1 ail
21.1,137
Exhibit "B"
Location Map
Ordinance No. 2000CUP -48
� 4
^ v.
t� V
N
yll
C.0
rilN
a
YN ?l
6 TT
pS
tJ
ON NV3
..... ... .. .. ....
'C3
c 'C
� C
ry
(
Ot
)( a
i
n
The Peariand 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.
Date °
20
Exhibit "C
AFFIDAVIT
OF
PUBLIC
C.
Publications
No. 2000CUP -48
The Peariand 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.
Date °
20
No.
Date
20
No.
male
20
. No.
_ Gate
20
No.
mate —_
20
CFO
Subscribe and sworn to before me this_ day of A__
20 rey AURA ANN EMMIONS
NOTARY RUSLIC
STATE OF TEXAS Commission Expires 09-08.2094
Laura Ann Emmons, Publisher
Notary Public, State of Texas
0.0 0-10i tv-CH
i ? y
Published Feb. 2, 2011,
NOTICE OF A JOINT "
"PUBLIC HEARING.OF
'THE CITY COUNCIL
AND THE PLANNING
AND ZO,NING`" '
COMMISSION OF THE
CITY OPPEARLAND,:'
'TEXAS._..,, ....
CONDITIONAL USE"
201-W
Notice Is hereby given,
ha}' on FebrUary'21,;`'
201.1. at 630'p,ml; the
"dity'Copnoll and -- :;Plan• ".
Ang and Zoning Com.
-misslon' of the, Olty of
P #arland, in Braorla;`.
Harrls,apd Fort "Behd
CbbHls"8 TeXa , jwlll
a
Harald Ellls-
Senlor Planner
The Pearland Reporter News
2404 Parr 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 f issues, as follows:
No.
No.
No.
No.
No.
Date
Date
Date
Date
Date
20 11
20
20
20
20
Subscribe and sworn to before me this da!gof �� y
20.11
LAURA ANN EMM ®NS
NC)TARY PUBLBC
* � ° STATE OF TEXAS
Fdy CornmisaYan expires 09-09.2014
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Exhibit "D"
P &Z Recommendation Letter
Ordinance No. 2000CUP -48
Commission
Recommendation Letter
March 22, 2011
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland. TX 77581
Re: Recommendation on CUP 2011 -04
Honorable Mayor and City Council Members:
At their meeting on March 21, 2011, the Planning and Zoning Commission considered the
following:
A request of Rev. B.V. Barnett, applicant and owner, for approval of a
Conditional Use Permit to allow the operation of a consignment shop, in the
Office Professional (OP) zone, on the following described property:
LEGAL DESCRIPTION: Approximately 0.550 Acre Certain Tract of Land out of
the northwest one - fourth (M.W. 1/4 1h) of the H.T. B.RR CO. Survey, Section
eleven (11), Abstract 239, Brazoria County, Texas
GENERAL LOCATION: 4904 Walnut Street, Pearland Texas
After staff presentation and discussion regarding landscaping, buffering, other allowable
uses of the property, signage, and concerns expressed from nearby neighbors,
Commissioner Darrell Diggs made a motion to approve the Conditional Use Permit (CUP) with
the following conditions:
1) No outside commercial related activities may take place on site
2) No outside storage on site
3) No commercial vehicle storage on site
The motion was seconded by Commissioner Henry Fuentes. The vote was 5 -0 and the motion
passed. The Planning and Zoning Commission recommended approval of the CUP with the
above listed conditions.
Sincerely,
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1