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Ord. 2000CUP-55-A 2012-02-27ORDINANCE NO. 2000CUP-55-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A PLAT OF SURVEY OF A 0.6984 ACRE TRACT BEING A PART OF LOT "A" OF WESTGATE PARK A SUBDIVISION OF 9.575 ACRES OF LAND OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19 OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 16, PAGE 320, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7900 BLOCK OF BROADWAY, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011-12 TO ALLOW FOR THE OPERATION OF A MINOR AUTO REPAIR FACILITY IN THE GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF ESTEBAN V. RODRIGUEZ, OWNER AND APPLICANT, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS Esteban V. Rodriguez, owner and applicant, filed an application for a Conditional Use Permit to allow the operation of a Minor Auto Repair Facility, 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 November 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 16th day of January, 2012, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council ORDINANCE NO. 2000CUP-55-A regarding the proposed Conditional Use Permit application for Esteban V. Rodriguez, owner and applicant, 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 regular meeting(s) on February 12, 2012 and February 27, 2012; 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 Esteban V. Rodriguez, owner and applicant, 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 General Business (GB), is hereby granted a Conditional Use Permit to allow for the operation of a Minor Auto Repair Facility in said zoning district; such property being more particularly described as: Plat of survey of a 0.6984 acre tract being a part of lot "A" of Westgate Park a subdivision of 9.575 acres of land out of lots 47 and 48 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19 of the H. T. & B. Railroad Company survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, page 320, of the plat records of Brazoria County, Texas ORDINANCE NO. 2000CUP-55-A Located at 7900 Block Broadway, Pearland, TX Subject to the following Conditions: 1. The property should be developed in accordance with the site plan submitted and the Unified Development Code 2. The existing billboard should be brought into full compliance with the Unified Development Code 3. The applicant shall complete construction or remove the building at 6830 Broadway prior to a Certificate of Occupancy being issues for the facility at 7929 Broadway Site Plan Submitted: 100' WIDE F.M. 518 (7929 BROADWAY) FLAW ORDINANCE NO. 2000CUP-55-A 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. ORDINANCE NO. 2000CUP-55-A PASSED, APPROVED, and ADOPTED on First Reading this 13th day of February, 2012. ATTEST: TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of February, 2012. ATTEST: APPROVED AS TO FORM: 4410.4•NOOM......04' °I DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR EXHIBIT "A" Application Ordinance No. 2000CUP-55-A CUP APPLICATION Page 1 of 6 (Updated June 2010) City of Pearland APPLICATION FOR Community 3523 Liberty D Development A CONDITIONAL USEPea (Community Center) and, Texas 77581 PERMIT (CUP)2818 -652-17202 fax www.cityofpearland.com Conditional Use Permit Request for: Nitwit Arno SAI re- (fist proposed use from the Table of Uses of the UDC) Current Zoning District: Property Information: Address or General Location of Property: 792 Be' w�►T PiEere.1. © � S 775/13/ Tax Account No. 2522 S - ©G`1o/ —120 Subdivision: w EST Cool -TE F'A/a-K Lot: A.% 3 Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME leS'leSa+r"J V. RcVe/CHEZ NAME V, r e,4te z ADDRESS P c. tax 84 //© ADDRESS 13.4) &»c 84 I/O CITY STATE 15< ZIP 77584 CITY /et, -'-o STATE 75c ZIP 775 34 PHONE( E33Z) 2.76- 3709 PHONE( e3 Z) 176- 37C- 9 FAX( 044-) 667 — 7396 FAX( Erck6) 176- 37© E-MAIL ADDRESS e r•1 (meqicelf•4.s.57p ems. E-MAIL ADDRESS erl e trteraceVfdu5 S. A/Iw •term *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 describedrequest as provided for by the Unified Development Code of the City of Pearland. Owner's Signature: Agent's/ Applicant's Signature: '&leat-e._ Date: and Date: /61/z0/1 OFFICE USE ONLY: FEES PAID: DATE 1-6 hi PAID: RECEIVED BY: RECEIPT NUMBER: LOT 'B' \ \ \"6' S ma. X100 t ,N89'47'4SE 127.158' X00 4 J0�.001{E �fOl UN( \ ♦ c. -7.--. •,4 \ �'.� <<z)\ r_ F I' CKF�r� it METAL to \ , L48 288 BLDG. _ a D 130445 A 8211.428 i1.aoR� Loon s2.ae iJ e \ GDS3S22'25'E '�+!+oaM 26_l0_R LC48.18tt �y 7. I I — STORY F 01 Uftlf\ + wob S I i FRAME RES. raini S8747•4/SW 82 I . ,oma °\ . v , 11.- 2.'"__—'7_. \\ �, •..-Th. PART OF LOT 'A o >F -- --- \ t L t. I FoJtwoe, , ,-44AEUNK N \ 11 I 1 1 m FENCE 2 co. uoo _ 25' B. L 10' U. E. _ L _ of. S874748.W 111.908 '004) 1 MON 1600 SCALE: 1' = 30' _.J 100' WIDE F. M. 518 (BROADWAY) OWNER: H. LOUIE TASHAKORI AND WIFE MARY E. TASHAKORI ALAMO TIME COMPANY. COMMITMENT No. 01-5)401230 PLAT OF SURVEY OF A 0.8984 ACRE TRACT BEING A PART OF LOT 'A OF WESTGATE PARK A SUBDMS0N OF 9.575 ACRES OF LAND OUT OF L0T'S 47 AND 48 OF TRE ALLISON RICHEY GULF COAST HOME COMPANY SUBDMSION OF SECTION 19 OF THE H. T. ! B. RAILROAD COMPANY SURVEY. ABSTRACT 243. BRAZORIA COUNTY, TDtAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 18, PAGE 320. OF THE PLAT RECORDS OF BRAZORIA COUNTY. TEXAS. BEARING REFERENCE: RECORD PLAT CALL OF WESTGATE SUBOMSION. • DATE OF SURVEY: DECEMBER 7. 2001 THIS PLAT REPRESENTS A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND CORRECTLY REPRFSE4TSTHE FACTS AS FOUND AT THE TIME OF THIS SURVEY. THERE ARE NO ENCROACIME4TS OF IMPROVEMENTS. VTSABLE EASEMENTS OVER OR ACROSS NOR CONFUCIS OF BOUNDARY LINES OTHER NDN SHOWN, AND THAT THIS PROFESSIONAL SERVICE CONFORIAS TO THE CURRENT TIDOS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY 1A, CONDITION II. • OP r. E EY. REG. P I I NE LANA R NO. 1718 IbA ,. 20 MUSTANG S 77583 (281) 489 445 7929 Broadway k l i ' t 2628 mei TA 31. lititird tr 0 -14 2630 -... 7928 2040 --------- SROADWAY ST 7924 —7918- 7824 Pea16nd Sema Village This product is for informational purposes and may not have prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey represents only the approximate relative location of property .boundaries. 7924 7922 7930 Stepping StoneNo.3 7918 790i FM 518 been m0 and , Scale in 19 ft 1 m = 91 Note: Building hoodoo & Boundaries shown based on survey doconseM ploridsd by owner. Refer to adpeyl and latest survey plan for final construction and location of bourder* . SQUARE 100TTAGE 2100d Stop Area 630 did OYBo/Ibptlen 121 dofPorch Maas 3551 d of Teal Coned Area OSITE PLAN 100' WIDE F.M. 518 (7929 BROADWAY) CONDOR AUTO CENTER 7929 BROADWAY, PEARL ND, TX JAM 3M WES OCT 2011 MalloINAIre m RAM A.1.0 Esteban Rodriguez PO Box 84110 Pearland, Tx 77584 Cell. 832.276.3709 October 19, 2011 City of Pearland Planning Department 3523 Liberty Drive Pearland, Texas 77581 RE: 7929 Broadway, Pearland, Tx Conditional Use Permit (CUP) Application To Whom It May Concern, My name is Esteban Rodriguez owner of the property located at the address mentioned above. The reason for this letter is to request approval for the Conditional Use Permit on my property for a new project I am planning. This procedure is necessary to allow my property to comply with the land use dictated by the City of Pearland for new commercial projects in the GP land use zone. The following is a detail description of the proposed project on my property: Current Condition: At the moment on my property there is an existing 2400 sf one-story single family residence which is in poor condition and requires a remodel. The house is not occupied at the moment. In the past, this property has functioned as Car Dealership which is the current occupancy permit. The house has been used as business office and the front parking to display cars. Proposed Project: I currently rent a building for my minor auto repair business, Condor Auto Repair on 6905 Broadway in Pearland, Tx. My business is growing and I need to move out, and instead of looking for a new place to rent, I would like to develop my property and stop paying rent. The vision I have for the property mentioned above is to convert, retrofit and expand the existing house into my new Auto Repair/Mechanic Shop building. The building will have approximately a total of 1000 sf added to the existing house, for a total of 3400 sf, to accommodate 4 open working bays with car lifts & front/back access doors. There will be an office space for staff as well as a reception/waiting area. The main use & services offered for this auto repair building will be the ones described under the Development Code Land Use Matrix as: Minor Auto Repair. The hours of operation will be Monday - Saturday from 8:00 am — 5:00 pm. Our architectural vision for the proposed design is to provide a nice contemporary look front facing Broadway. This will not look like the typical "metal -building shop" ,Instead, It will look like a modern auto repair center. Please refer to preliminary drawings to see the intended concept. Should you have any questions concerning this project, please do not hesitate to contact me. Sincerely Esteban Rodriguez (owner) CIT'. CF I=EARLAN ? REPRINT +*t CUMBER RECEIPT +** C ' . 44I11t Tyre: DC ;r=v_r: Lite: I0/21/11 Ctl Receipt r.,. 1K12 Description 6v %3t.it int EA BOARD CF Aga _tS t E 4`_ TESE SANER- C VMUA :c WED FA 7929 FkQADWAY ST ESSTEBAN ROD513112 MIER CJP NA3CLD Tender detail CI CHECE Total teadered Total Fey seat Tr,:date: I 2122 =250. a E253. EXHIBIT"B" Location Map Ordinance No. 2000CUP-55-A 0 r () 0 C) 0 m co 0 c 0 GB BROADWAY ST GC NIPPER LN Vicinity and Zoning Map CUP 2011-12 7900 Block Broadway 0 55110 220 Feet 1111111 N A AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties EXHIBIT "C" Publications Ordinance No. 2000CUP-55-A 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 %/-2, 20 // No. Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 /1 /A14124j CFO LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Commission Expires 0918-2014 day of q02-0-• Laura Ann Emmons, Publisher Notary Public, State of Texa CAkf aoik -�a Published Nsv. 2, 2011 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 NO. CUP 2011.12 IN= Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort .Bend Counties, Texas, will conduct a _joint hearing in the Chambers of City1 located at 3519 L*91gr Drive, Pearland, Tam, on the request 0 Esteban V. Rodriguez, owner and applicant, for approval of a Conditional Use Permit to allow for the operation of a Minor Auto Repair Facility in the General Business (GB) District, on property located in the 7900 Block of Broadway, more specifically described below: Plat of save of a 0.9994 a0011191101001$9 part of fit V' or wimps* PaikelleibM vision of 9 ON of and nut of Isis 47 end 48 of the Allison Mil! Gulf Coast Home Company St 41 Section 19 KA'f i1 B. Railroad ^Company survey, Absbact` 243, Brazoria Couiy,`Texas, according 10 twin* or plat thereof recorded in Volume 16, pope 320, 'of the plat records of Brazoria County, Texas. Notice is hereby given General Location: that .an fbnimbar 21, 7900 2011, M Parbnd, *'>'" City Canal and Iff;AIS At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addi- tional War aifon, Oise e 001001 tie Dipuivert* 'T EXHIBIT"D" P&Z Recommendation Letter Ordinance No. 2000CUP-55-A Planning & Zoning Commission Recommendation Letter February 7, 2012 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2011-12 Honorable Mayor and City Council Members: At their meeting on November 21, 2011, the Planning and Zoning Commission considered the following: A request of Esteban V. Rodriguez, owner and applicant, for approval of a Conditional Use Permit to allow for the operation of a Minor Auto Repair Facility in the General Business (GB) District, on the following described property: LEGAL DESCRIPTION: Plat of survey of a 0.6984 acre tract being a part of lot "A" of Westgate Park a subdivision of 9.575 acres of land out of lots 47 and 48 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19 of the H. T. & B. Railroad Company survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, page 320, of the plat records of Brazoria County, Texas GENERAL LOCATION: 7900 Block of Broadway, Pearland, TX There was discussion regarding layout of the proposed development, existing billboard sign on the property, and concern over a partially constructed, abandoned structure owned by the same applicant. Following this discussion Commissioner Phil Cessac made a motion to postpone the Conditional Use Permit (CUP). The motion was seconded by Commissioner Henry Fuertes. The vote was 4-0 and the motion passed. At the regular meeting of the Planning and Zoning Commission on January 16, 2012, the Commission, this item was readdressed. After discussing the item of concern from the prior Commission meeting, Commissioner Richard Golden made a motion to approve the Conditional Use Permit (CUP) with the following conditions: 1. The property should be developed in accordance with the site plan submitted and the Unified Development Code 2. The existing billboard should be brought into full compliance with the Unified Development Code 3. The applicant shall complete construction or remove the building at 6830 Broadway prior to a Certificate of Occupancy being issues for the facility at 7929 Broadway 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 freestanding and cannot be attached to a tree, fence, or building. KNaWt. pltENI> .rr' ©wMwPC : V 4-cI2 2010 TAX STATEMENT A. kt Ro'Vin Garrett, RTA BRAZORIA COUNTY TAX ASSESSOR- COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Mailine Address RODRIGUEZ ANA E & ESTEBAN V PO BOX 84110 PEARLAND TX 77584-0018 Account No: 8228-0001-120 (979) 388-1320 (979) 864-1320 (281) 756-1320 Legal Description WESTGATE PARK (A0243 H T& B R R 19), LOT A3, ACRES 0.698 Legal Acres: .6980 Parcel Address: 7929 BROADWAY As of Date:10/ 11/10 Print Date: 10/1 5/ 10 rket Vain prevenient lu Assessed Value.., CappEed:_ Value Rotnestte Value 'icuhural 'alae �tcxt_t�Jut ttalifyitg; $117,080 $40,020 $157,080 $157,080 $157,080 ilg If'i A5s€ssed aiue (00%): Code <: outlt ::: Taxably Va1 .Tax Rate= BRAZORIA COUNTY SPECIAL ROAD & BRIDGE PEARLAND ISD BRAZORIA DRAINAGE DIST 4 CITY OF PEARLAND $157,080 $157,080 $157,080 $157,080 $157,080 SO SO SO SO SO $157,080 $157,080 $157,080 $157,080 $157,080 .40310100 .08000000 1.4194000 .15800000 .86510000 Q1tt Taft $833.19 $94.25 $2,229.59 $245.04 $1,044.74 Amount saved by additional sales tax revenue $118.76 Exemptions: AMOUNT DUE IF PAID BY END OF: TOTAL TAX: TOTAL TAX PAID TO DATE: TOTAL TAX REMAINING: $4,248.81 5.00 $4,248.81 TOB ER 2010. ON/EMBE:R:. 2010 OEGE MBER.2 010 AN1ARY 2011 EBRUARY 2011 MARCH 2011 $4,246.81 $4,246.81 $4,246.81 $4,246.81 $4,544.08 $4,629.02 PLEASE PUT YOUR ACCOUNT NUMBER ON ALL CORRESPONDENCE TAXES ARE DUE UPON RECEIPT. TAXES WILL BECOME DELINQUENT FEB. 1, 2011. PENALTY AND INTEREST WILL BE ADDED MONTHLY BEGINNING FEB 1, 2011 - •--•• •--•• • -• .••.• ... • •O 4" ^^rc,^u AL COLLECTION FEE OF UP TO 20 % OFFICIAL TAX RECEIPT ROVIN GARRETT, RTA BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Account No: 8228-0001-120 Certified Owner. RODRIGUEZ ANA E & ESTEBAN V 2010 VALUE: 157,080 Jr Year 1 2010 9 2010 28 2010 54 2010 96 2010 Levy Paid 633.19 94.25 2,229.59 245.04 1,044,74 P&I 0.00 0.00 0.00 0.00 0.00 RODRIGUEZ ANA E & ESTEBAN V PO BOX 84110 PEARLAND , TX 77584-0018 FIRST CLASS .Y - - 18% + UP TO 20% ATTORNEY FEE U.S POSTAGE PAID PERMIT NO, 4 ANGLETON TX WESTGATE PARK (A0243 H T &BRR 19), LOT A3, ACRES 0.698 Parcel Address: 7929 BROADWAY Legal Acres: 0.6980 ApprNo: 263875 Deposit No: 01250001 Paid Date: 01/25/2011 Total Paid: $4,246.81 Check No: 00001550 Exemption(s): NONE mole VISA 'echeck t oa00 The motion was seconded by Commissioner Sheila Fischer. The motion passed 5-1, with Commissioner Neil West voting in opposition. At the regular meeting of the Planning and Zoning Commission on February 6, 2012, a request by Commissioner Neil West was placed on the agenda to allow him to reconsider his vote in opposition on this request due to a lack of clarification on the recommended conditions of approval. A motion to approve Commissioner West's request was made by Commissioner Sheila Fischer. The motion was seconded by Commissioner Henry Fuertes. The motion passed 3-0, with Commissioner Neil West abstaining from voting. Site Plan Submitted: 100' WIDE F.M. 518 (7929 BROADWAY) Sincerely, f r, ,erre IFt-e.M... Harold Ellis, Senior Planner On behalf of the Planning and Zoning Commission JOINT PUBLIC HEARING AGENDA ITEM MEETING OF NOVEMBER 21, 2011 Conditional Use Permit No. CUP 2011-12 A the request of Esteban V. Rodriguez, owner and applicant, for approval of a Conditional Use Permit to allow for the operation of a Minor Auto Repair Facility in the General Business (GB) District, on the following described property, to wit: Legal Description: Plat of survey of a 0.6984 acre tract being a part of lot "A" of Westgate Park a subdivision of 9.575 acres of land out of Tots 47 and 48 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19 of the H. T. & B. Railroad Company survey, Abstract 243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 16, page 320, of the plat records of Brazoria County, Texas General Location: 7900 Block of Broadway, Pearland, TX APPROVAL PROCESS: After this Joint Public Hearing, the requested Conditional Use Permit application will be considered as follows: Planning and Zoning Commission: November 21, 2011* City Council for First Reading: December 12, 2011* City Council for Second Reading: December 12, 2011* (*dates subject to change) SUMMARY: Esteban V. Rodriguez, owner and applicant, is requesting approval of a Conditional Use Permit to allow the operation of a Minor Auto Repair Facility at the above referenced location. The site is currently zoned General Business (GB) and there are not currently any business operations ongoing on the site. The most recent commercial use on the site was an auto sales lot which is no longer in operation. The property has an existing residential home structure on site; however the structure is not being used as a home and is currently vacant. JPH 11-21-11 CUP 2011-12 Page 1 The property owner is proposing to redevelop the site to be used as a Minor Auto Repair facility. The conceptual plans submitted to the City indicate the existing home will be remodeled and turned into the auto repair facility. The City's Unified Development Code does allow a Minor Auto Repair Facility in the General Business (GB) zone with the approval of a Conditional use Permit. If the Conditional Use Permit is approved, the site plan process will commence with the Planning and Building departments. A Pre -development meeting was held between staff and the property owner to discuss the City's current regulations for development which will be required to be met for this property when redeveloped. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Neighborhood Service (NS) Commercial South Neighborhood Service (NS) Commercial East Neighborhood Service (NS) Commercial and General Business (GB) West General Business Commercial/Residential CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously mentioned, the property is currently zoned General Business (GB). A breakdown between those lot and development requirements and the site current configuration is provided below: General Business Existing Site Lot Size: 22,500 sq ft -30,690 sq ft Lot Width: 150' 111.90' Lot Depth: 125' 236.50' Front Setback: 25' 130' Rear Setback: 25' 39' Side Setback : 10' 4'/10' At the time of development, all aspects of the Unified Development Code (UDC) will be required to be met. At this time, all aspects of the UDC appear to be met with the exception of the side carport. PLATTING STATUS: The property is currently platted as Westgate Park. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive Plan (latest update in 2009) indicates Business Commercial for the subject property. The proposed use, a Minor Auto Repair Facility, is a permitted use in the General Business zoning district with the approval of a Conditional Use Permit. Furthermore, as the subject JPH 11-21-11 CUP 2011-12 Page 2 property is currently zoned General Business (GB), and that zoning district is a correlating zoning district in the City's Comprehensive Plan for a Business Commercial, the zoning is in compliance with the Comprehensive Plan. CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has frontage on Broadway, a major thoroughfare, with a minimum of 120' right-of-way. AVAILABILITY OF UTILITIES: The subject parcel does have access to public water and public sewer. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed redevelopment of this site is not anticipated to have any negative impacts on existing surrounding or future developments. The traffic impact of the proposed development will be reviewed by the City's Engineering Department at the time of formal site plan submittal. ADDITONAL COMMENTS: This request has been reviewed by the City's Development Review Committee and there are no additional comments from other departments at the time of this report. SITE PLAN CONSIDERATIONS: A conceptual site plan for was submitted with the Conditional Use Permit application. This plan appears to meet the City's Corridor Overlay District regulations. A complete review will occur at time of formal site plan submittal. PUBLIC NOTIFICATION: Public notice, comment forms, and a vicinity map were mailed to property owners within 200 feet of the subject property under consideration for the Conditional Use Permit. A legal notice of public hearing was published in the local newspaper, and a notification sign was placed on the property by the applicant. OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: Staff has not received any comments either in opposition to or in support of the proposed Conditional Use Permit request. CRITERIA FOR APPROVAL: When considering an application for a Conditional Use Permit, the Planning and Zoning Commission and City Council shall evaluate the impact of the proposed use on and its compatibility with surrounding properties and residential areas to ensure the appropriateness of the use at the particular location, and shall consider the extent to which: (1) The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan; (2) The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; (3) The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes JPH 11-21-11 CUP 2011-12 Page 3 improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; (4) The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; (6) The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood. Conditions: The City Council may require such modifications in the proposed use and attach such conditions to the Conditional Use Permit as the City Council deems necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. (5) (7) The proposed facility will have automotive repair bays as an integral part of the use. The design and layout of the facility indicates that these bays will open towards Broadway, a Corridor Overlay District within the City. In order to lessen the visual impact of vehicle repair bays along this corridor, staff recommends that a condition of approval be added to the Conditional Use Permit, if approved, which requires that a vegetative screening wall, comprised of shrubbery and trees be planted and maintained in the "Lawn" area shown on the conceptual site plan between the two main outside parking areas. Should City Council identify additional impacts which it feels should be mitigated, additional conditions and modifications may be placed on the approval of the Conditional Use Permit. STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit No. 2011-12 to allow the operation of a Minor Auto Repair Facility in the General Business (GB) district as proposed by the applicant and owner for the following reasons and with the following condition: 1. The proposed request should not have any significant negative impact on the surrounding properties and developments. JPH 11-21-11 CUP 2011-12 Page 4 2. The proposed request would be in conformance with the Unified Development Code with the approval of a Conditional use Permit. 3. The proposed request is in conformance with the criteria of approval of a Conditional Use Permit listed in the Unified Development Code. 4. The proposed request would result in redevelopment of a currently non -occupied residential home in a commercial zoning district. 5. The proposed request would enhance the property from its current state, particularly with the recommended condition of approval, listed below. Condition: 1. A vegetative screening wall comprised of shrubbery and trees shall planted and maintained in the "Lawn" area shown on the conceptual site plan between the two main outside parking areas prior to the issuance of a Certificate of Occupancy by the City of Pearland SUPPORTING DOCUMENTS: • Vicinity and Zoning Map • Property Ownership Map • Property Owner Notification List • Future Land Use Plan • Aerial Photograph • Zone Change Application and applicant packet JPH 11-21-11 CUP 2011-12 Page 5 Abutter Map CUP 2011-12 7900 Block Broadway N 0 85 170 Feet I Aerial Map CUP 2011-12 7900 Block Broadway 0 20 40 80 Feet 111 1 1 1 1 il A VA Cullen Mixed Use District 1 Public / Semi -Public Business Commercial -a r 0 f:rROAEMAY ST LAKESIDE MANOR LN STONE ARBOR LN Low Density Residential WATERLILLY LN z 73 F.7173 MISTY LAKE LN z QUIET TRACE LN Retail, Offices and Services High Density Residential FLUP Map CUP 2011-12 7900 Block Broadway O87.75 350 Feet 11 1111111