Ord. 2000CUP-57 2012-07-23 ORDINANCE NO. 2000CUP-57
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, LOT 2 OF 1011 MAIN ADDITION, A SUBDIVISION OF 10.2734
ACRES SITUATED IN THE H. T. & B. R. R. CO. SURVEY, ABSTRACT 542,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CLERK'S
FILE NO. 2012009314 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS (LOCATED AT 1011 N. MAIN, PEARLAND, TX) CONDITIONAL USE
PERMIT APPLICATION NO. CUP 2012-03 TO ALLOW THE OPERATION OF
AN AUTO REPAIR FACILITY (MAJOR), IN THE GENERAL COMMERCIAL (GC)
DISTRICT AT THE REQUEST OF NARSH, INC, APPLICANT AND OWNER,
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS Narsh, Inc., applicant and owner, filed an application for a
Conditional Use Permit to allow the operation of an Auto Repair Facility (Major), 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 18th day of June 2012, 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 18th day of June, 2012, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit application for Narsh, Inc., applicant and owner,
whereby the Commission recommended approval of the Conditional Use Permit, said
ORDINANCE NO. 2000CUP-57
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 July 9, 2012 and July 23,
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 Narsh, Inc., 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 General Commercial (GC), is
hereby granted a Conditional Use Permit to allow the operation of an Auto Repair Facility
(Major) in said zoning district; such property being more particularly described as:
Lot 2 of 1011 Main Addition, A subdivision of 10.2734 acres
situated in the H. T. & B. R. R. CO. Survey, Abstract 542, according to the map
or plat thereof recorded in Clerk's File No. 2012009314 of the Official Records of
Brazoria County, Texas
Located at 1011 N. Main, Pearland, TX
ORDINANCE NO. 2000CUP-57
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-57
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of July,
2012.
TOM REID
MAYOR
ATTEST:
Yaf NG 44 I 'G, /R /
S=r-ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of July, 2012.
TOM REID
MAYOR
ATTEST:
■ I �/ �� =d:'
NG "1*; j fit( `:m=
Y S ,Fa ETARY 1:4)\. '0\
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A" (� 5 7
CUP APP TIC7N�'age 1 of 6?oigga�e t h e 2610)
City of Pearland
Aski Community Development
APPLICATION FOR 3523 Liberty Drive
A CONDITIONAL USE Center)
Texas
281-652-1768
PERMIT (CUP)
281-652-1702 fax
www.cityofpearland.com
Conditional Use Permit Request for: ALLTo R-ePatR CMo.ToTt�
(list proposed use from the Table of Uses of the UDC)
ALI( 0 ( 11t is n t_Y -tLRo Pa.tnn-twtt
Current Zoning District: •C-
Property Information:
Address or General Location of Property: (t \\ N QY-soi X \C Y1 51-
�Qar�un� Tx 115 8 1
Tax Account No. QS Gja 00 2 I CEO
Subdivision: Lot: Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME MRS 1t jN C- • NAME ,A•s+•--
ADDRESS 3566 pCcC SPa,1,SC. true ADDRESS
CITY 1 1tGU STATE tl ZiP 77D ( CITY STATE ZIP
PHONE( 83g) 90 99_ PHONE( )
FAX( 73 ) 74/- /1/0 FAX(
E-MAIL ADDRESS MO.t.0 O 5 3 CO-i4Ak419ll.Co'v1 E-MAIL ADDRESS
'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: Date: 6--/"./- a o
Agent's/
Applicant's Signature: Date:
OFFICE USE ONLY:
I FEES DATE I RECEIVED RECEIPT
I
PAID: V-�.�J I PAID: S /Cf /../ BY: 1`r4 NUMBER: OW I 1
Application No. a d 12_ 0 3
/411413Par I ZIP
qmEFwcAS 800Y5P"
May 14, 2012
Harold Ellis
City Planner, City of Pearland
3523 Liberty Drive,
Pearland. TX 77581
Re: Conditional use Permit request
1011 North Main Street Pearland, TX 77581
Dear Mr, Ellis,
Here is some additional information in connection with our Conditional Use
Permit request. The following is a descriptive narrative about our business
process that should answer all your questions.
Maaco Collision Repair and Auto Painting is the largest national franchise chain
of body shops, established since 1971 with more than 500 franchised centers
specializing in minor body repair and complete repainting of cars, small trucks,
vans, etc. Our core business is to provide cosmetic refinishing of vehicles. Our
typical customer vehicle needs a paint job and has minor dents and dings to be
repaired. We prefer to not do major collision repairs, particularly those requiring
extensive cutting, welding, frame straightening and/or repairs to engines and
drive train components. For such damage we would typically sub out these types
of repairs to local collision or mechanical repair shops.
Our operation generally involves the vehicle spending a few hours to a couple
days in the actual body repair process (by comparison. heavy collision repairs
can take many days or even weeks to complete). The vehicle is then prepped for
re finishing (sanding, masking), primed and painted in the spray booth, dried in a
gas fired oven, unmasked and detailed (vacuum interiors, clean windows,
replace emblems, trim, wipers, license plates, etc. as needed)for delivery back
to the customer. All work is done inside the building. Our business is typically
open from 7:30 am to 5:30 pm Monday through Friday plus half a day on
Saturday for the convenience of our customers. The shop crew is typically
working from 8:00 am to 5:00 pm Monday through Friday; a partial crew may
work Saturday on equipment maintenance and general housekeeping.
The paint storage & mixing room (typically an H-3 "liquid storage room") will
contain approximately 150 gallons of automotive paints and related products in
factory sealed containers (pints, quarts, gallons and fives). Paint mixing of up to a
gallon at a time is accomplished in this same room; there are no pumps or piping
between the storage room and the booth. All paint is applied in a self contained
booth.
We do not do repairs to engines, drive trains, radiators, fuel systems or tanks,
nor does our business involve tune-ups or oil changes. Vehicles requiring these
types of repairs would undoubtedly have sustained heavy collision damage and
would be subbed out as stated above. We do not wash cars and have no wash
down area. We do not wet sand vehicles; in fact, we have no significant water
usage (outside of normal restroom activities). Our typical customer vehicle is
basically in good operating condition (not leaking fuel, oil, etc.) and just needs
some cosmetic refinishing.
Vehicles waiting to be repaired would be temporarily kept in a fenced yard
adjacent to the building. Once a vehicle repair has started, it is usually completed
in just a couple of days. Once completed. they are delivered back to the
customer.
We will be providing affordable cosmetic vehicle refinishing that is not yet
available in this part of the market. Traffic impact would be minimal. We expect to
have 12-14 employees and anticipate 8-12 customer visits per day. The
surrounding neighborhoods include automotive repair/service, light
industrial/manufacturing, and other commercial type services.
Furthermore, it will increase the employment base in the area.
We have already purchased a 12,000 sq. ft. building on a 53,000 sq. ft. lot
commonly known as 1011 North Main Street Pearland, TX 77581.
There is sufficient onsite parking under current parking codes for customer
vehicles and employees; any vehicles parked outside overnight would be within
the existing fenced area at the rear of the site.
We have attached a shop plan for your review.
I, myself, as a resident of Pearland am striving to hold true the standards in our
great city. If you have any questions or desire further information please do not
hesitate to call me at the numbers below.
Best Regards,
Syed S. Hussain
Cell: (832) 876-9099
Work: (713) 741-7444
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TITLE 001APAI-IY.
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281-412-6900
CATHY S. CROCKER
ISSUE DATE:
G.F. IP:
1103931662 4-11-2012
_. _
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.
5/06/2012 09:04 19798641346 PAGE 01/01
DUPLICATE TAX RECEIPT
_ _______ , ,,I,,,72-4frti,"1.4., , ....
.-VY 1
RO'VIN GARRETT,RTA
BRAZORIA COUNTY TAX ASSESSOR-COLLECTOR
Ill E.LOCUST
ANGLETON,TEXAS 77515
CertISed Owner:
Legal Description:
COLUMNS INC A0542 H T R B R R,TRACT 82C-83C,
1011 N MAIN ST PEARLAND,ACRES 10.2734
PTARLAND,TX 77581-2207
Parcel Address: 1011 N MAIN ST HWY 35
Leval Acres: 10.2734
Remit Seq No: 18906425
Receipt Date: 10/26/2011
Deposit No: TRI20531 Deposit Date: 02/22/2012
Validadou No: 900000023672553 Print Date: 05/08/2012
Account No: 0542-0021-000
Operator Code: CYNT
Year Tex Unit Plante Tax Valae Tax Rate Levy Paid
+7' P&1 Coil Fee Paid Total
2011 Brezoria County 853,700 0.413101 1,768,90 0.00 0.00
2011 Special Rand&Bridge 853,700 0.060000 256.92 1,756.9
2011 Pcarland lad 0.00 0.00 256.92
853,700 1.419400 6,077.87 0.00 0,00 6.077.87
2011 Brazoria Drainage Dist 4 853,700 0.156000 667.99
2017 Cary Of Pcarltmd 0.00 0.00 667.99
853.700 0.685100 2,933.60 0.00
0.00 2,933,60
511,705.23 $0.00 $0.00 511,705.28
igotaber(xl: PAYAUsNT TYPE:
1620 _
C1tecks: $11.705.28 ^
Remotions a,ttbis property:
Total Applied: 811,705.28
Choate Paid: 80.40
ACCOUNT PAID IN FULL
PAYER:
COLUMNS OTC
1011 NMAINST
PLARLAND,TX 77581-2207
(979)864-1320,(979)388-132s.(281)756-1320
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Planning & Zoning Commission
Recommendation Letter
June 20, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2012-03
Honorable Mayor and City Council Members:
At their meeting on June 18, 2012, the Planning and Zoning Commission considered the
following:
A request of Narsh Inc., applicant, and owner, for approval of a Conditional Use
Permit to allow the operation of an Auto Repair Facility (Major) in the General
Commercial (GC) District, on the following described property:
LEGAL DESCRIPTION: Lot 2 of 1011 Main Addition, A subdivision of 10.2734
acres situated in the H. T. & B. R. R. CO. Survey, Abstract 542, according to the
map or plat thereof recorded in Clerk's File No. 2012009314 of the Official
Records of Brazoria County, Texas
GENERAL LOCATION: 1011 N. Main, Pearland, TX
After staff presentation there was brief discussion regarding potential brand logo colors for the
proposed business, building separation between different nearby buildings, and plat boundary
lines. Following this discussion Commissioner Neil West made a motion to approve the
Conditional Use Permit (CUP). The motion was seconded by Commissioner Ginger McFadden.
The vote was 4-0 and the motion passed.
Sincerely,
/
Harold Ellis
City Planner
On behalf of the Planning and Zoning Commission