Ord. 2000CUP-56 2012-05-21ORDINANCE NO. 2000CUP-56
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, 18.5436 ACRE (807,759 SQ. FT.) TRACT OF LAND BEING OUT
OF LOT 51 AND LOT 53 OF THE ALLISON-RICHEY GULF COAST HOME
COMPANY, SECTION 6, RECORDED IN VOL. 135, PG. 501 H.C.D.R.,
LOCATED IN THE H.T. & B.R.R. CO. SURVEY, A-544, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED AT 5719 BROADWAY, PEARLAND,
TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-02 TO
EXPAND THE FLOOR AREA OF AN EXISTING STRUCTURE WHILE
MAINTAINING EXISTING FRONT LANDSCAPE BUFFER AND PERIMETER
FENCE MATERIAL, IN THE GENERAL COMMERCIAL (GC) DISTRICT AT THE
REQUEST OF TERRI LERA, APPLICANT, ON BEHALF OF LEE MEHTA,
OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS Terri Lera, applicant, on behalf of Lee Mehta, owner, filed an
application for a Conditional Use Permit to expand the floor area of an existing structure
while maintaining existing front landscape buffer and perimeter fence material, 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 16th day of April 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 16th day of April, 2012, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000CUP-56
proposed Conditional Use Permit application for Terri Lera, applicant, on behalf of Lee
Mehta, 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 regular meeting(s) on May 14, 2012 and
May 21, 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 Terri Lera, applicant, on behalf of Lee Mehta, 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 expand the floor area of an existing structure
while maintaining existing front landscape buffer and perimeter fence material in said
zoning district; such property being more particularly described as:
18.5436 Acre (807,759 SQ. FT.) Tract of Land being out of Lot
51 and Lot 53 of the Allison -Richey Gulf Coast Home Company, Section 6,
recorded in Vol. 135, PG. 501 H.C.D.R., located in the H.T. & B.R.R. Co. Survey,
A-544, City of Pearland, Brazoria County, Texas
ORDINANCE NO. 2000CUP-56
Located at 5719 Broadway, Pearland, TX
Additional Details:
1. Existing front landscaping buffer area is a 10' to 15' (varying) area which is being
permitted to remain, as -is, for the purposes of this CUP, as illustrated on the
site plan attached in Exhibit A.
2. Existing front perimeter fence material is currently metal, which is permitted to
remain, as -is, for the purposes of this CUP.
Section 11. 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.
ORDINANCE NO. 2000CUP-56
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
2012.
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of May,
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 21st
day of May, 2012.
ATTEST:
VED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
•Qu3,(icQ
TOM REID
MAYOR
03/08/2012 15:4
Exhibit "A"
Ordinance No. 2000CUP-56
PAGE 02
:AXON Page 1 ore (Updated June zot c)
Clly of Peartand
���
(Community Ca
Peadafd, Tema 71561
281.852:1785
2812.1702 tiro:
wwwwdtyofpearland.00m
APPLICATION FOR
A CONDITIONAL USE
PERMIT (CUP)
Conditional Usa Permit Request for: 'Red ie vIA c 30' 'Q.(zgv t tux)
{ust w.1bomtheTaweofthee orthsUDC)
0Q-
Current
2
Current Zoning District: G
Property Information:
Address or Gil Lvoatian• of Property: 5111 Bianchi -11 aa, y es r� - 'Te.lt¢a a 1' 511
Tex Account No.
SubctiviaiOM l C+Ssrt--' 4C 1py
ICC00, - Lot Sls ;,4
A completeappiica boil
�ust• include all information shown on the
Application Checklist attached to this application.
Block: S¢.c,.'R
PROPERTY OWNER INP9PMATION:
NAME, Li.P , I(Y1p.5n�G�
ADDRESS 51 I eX-Qa r U_rpLi
MY PEW( Loci STATE( ZIP l 781.
PHONED 6
FAXI )_
E-MAIL ADDRESS he . '. s' ~itil�_� 4C..
evwxYole C(�r
APPUCANTIAGENf INFORMATION:
-ret Wait
NAME •
ADDRESS 70 Wg 1051
CITY ICEt kt( STATE 1)( ZI ° 17545-
PHON - Sri 33 - 4
FAX( 2 1 ) 334 -5312-
E -MAIL ADDRESS Lb►ewy
*Property owner must be the current °atria of the property at
that has the property under contrast
As owner and applicant, I hereby request approval
Pea
by the Unified Develciprnent Code of the Cityof Pe
Owner's Signature:
Agent's/
Applicant's Signature: '
ma -Cc
the time of submittal of the appticebion, and net the party
of the above described request as priitMed for
Date:
Date: 3-6-.21)!Z
te: .����.
CUP
A ronlillpialinas Was
03/12/2012 12:36 2019975112
March 9,2012
Otp of Fearland
Community Development
3523 Minty Drive
Peartand, Trews 77581
STRICKL.AND OFFICE PAGE 01/07
Re: Appl cation for Conditional Use Permits for 5719 Broadway
To Whom It May Concern:
1, Lee M ehata , the Partner end General Manager of the bldg. located at 5719 Broadway in Pearland,
Texas , will give Wycoff Development & Construction, LLC (Owner Agent) authorization to file the
Application for Conditional Use permit on my behalf.
Slncerele,
Lee Mehata
Partner and General Manager
Strickland Chevrolet
smarm,
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CUP APPLICATION Page 5 of 8 (UpdatedaJune 2016
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 (APFCIFY REQUEST)
Contact City of Pearland
281-6524768
*Signs must be professionally made; handwritten signs are not allowed,
*Signs must be freestanding and cannot be attached to a tree, fence, or
building.
Strickland Ghanrralet 6719 Broadway
� 4
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VYWYCOFF
DEVELOPMENT & CONSTRUCTION, LLC
Leiter of 7'rauvu<evni,tta.1/
Date: 3-12-2012
To: City of Pearlland
Re: Strickland
5719 Broadway
From: Terri Lora
Wycoff Development and Construction, Inc.
PO Box 1059
Kemah, TX 77565
281-334-4472
281-334-5392 (fax)
email: tleraewycoffconstruction.com
To Whom It May Concern:
Strickland Chevrolet is requesting a Conditional Use Permit for reduction of the
required 30' landscape screening along their front property line. Per City of
Pearland's request, Strickland has agreed to remove the asphalt area along
Broadway, which has been in place more than twenty years. Currently
Strickland Chevrolet has a front landscape area that fluctuates from 10'-15' in
width as seen on the attached survey. The landscaping along the front of
Strickland creates an enhanced break with numerous trees and shrubs between
the car lot and Broadway. At this time Strickland would like to remove the
existing Used Car Building and replace it with a larger updated facility. In order
to obtain a building permit, the City is requesting Strickland to remove the
asphalt and replace it with grass. The City would like Strickland to leave the
underground storm drain basin and pipe in place since it looks nicer than the
open ditch.
Should you have any questions do not hesitate to call.
Thank You,
Terri/ Levc v
PO Box 1059 Kemah, Texas 77565
T 281 334 4472 / F 281 334 5392
CITY OP PEAALABB
REPRIRT
if' CUMBER RECEIPT fif
Cper; 1COTTER Type: CC Drayer: 1
Date: 3129/12 81 Receipt no: 168278
Description Quantity haunt
BA BOARD OF ABYSM:ITS
1.08 $258.10
3662529
Trams flusher:
5719 IROADwAY, TERRI URA
LEE NENTA
CUP
it1CCPP CO11STRUCTIOR S
DEEYELOPJEAT
PO BOE 1859
SE11AR
Tender detail
CX CE£l[ 73&1 525839
Total tendered S258.88
Total payaeat $258.88
Trans date: 3/29/12 Tape: 7:58:48
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)
Arty 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.
93/12/2812 12:36 2819975112
STRICKLAND OFFICE PAGE 04/07
TAX RECEIPT
Cordes& Deaasr:
aOw1N QARRRTr, RTh
RlAZORIA COUNTY TAX A88ISSO61- CO1LLSCTOR
IU R. LOCUST
ARGLE1 1N, TEXAS 77511
CLS PROPERTIES
% STRIOCLAIID CRIMBO .sr
$719 BROADWAY 8T
nARLAND , T*: 775*1.7111
Nee* Nei 12032110
Y•BddNa 900000003420135
Account Not 0544.007-110
opowCcta FGAR2
Vac 'ds 01114909
Tax Valu Tss Mete Levy Pahl
A02« Deseriplion
11 T TACT 53. A
1.004, FEAALA D
Rrrod Adinaii 5719 BROADWAY FM 511
Uri Mutt 9.0040
%wit Sas Nat 20339512
xswl/t data 01131/2012
Dip* Pm: 00/01/1012
Pr111Dat;; 01111/2012
PRI Cas Mkt rind 74413
2011 DiaaedaCaarry 1,439100 0.413101 5,944.52 0.00 0.00 5,944.52
2011 S#OtW Rod & &fd0e 1,439,000 0.060000 063.40 0.00 0.00 163.40
2011 144,1444 1st 1.439.000 1.419400 70,473.17 0.00 010 20,413.17
2011 Small Ord0430131444 1,439,000 ais0000 2,213134 020 0.00 2,24424
1011 City IXIasstaed 1,439,000 0.613100 9,311.59 400 0.00 9,03649
±(sit
]64166
PAYERE
[:L3 PROIRRTIES
% STRICKLAND CNEVROI.BT
57D BROADWAY ST
PS'.A R1. 4D , TX 77911-/S1 I
B W 30.60 0311,33‘33
PAn1V4TTYR&:
Mediu
T.140T ds
thraaraa4 x01/31130121
mice raid:
ACCOUNT 'MwINMAL
239,330.91
139,33432
239,336.52
$0.00
ll7ri 064-1224, (P70)30 (161) 766-1320
21.1.133
83/12/2812 .12:36 2819975112
STRICKLAND OFFICE
TAX RECEIPT
Cie °W.ert
RQ'VlN CARR8iZ, RTA
RRAZARIA L1017lMTT TAX ASSIISSOR - CO LC[0R
1.11 R. WAIST
A1MiiMON,1UA$ 77515
a eco IMKS
% STRICKLMW cHLvROLET
570 //ROADWAY ST
PEARLAND,TX 775811$11
Dm* rus 1To311
ViNnp�Nn 117
Account Not 0544-0038.000
Qptrrt., Cede XVI
Vac Or Usk Name
2011 pelSoei.Ceaecq
2011, Speck1 Road a wait
2011 ragtag hd
7011 BIWA a1ioup p;m 4
2011 OT regrind
li0
GeditSrri Aetbwtl,rtlar NM[ e1 Credit Cleft 829.630.03
PAGE 85/07
L44.111 Dieleri$101011
KT A it lat. TRACT 311 .
5.000, rfML- ND
P.1011 *Memo 2510 NAMED O!7' 1'M 315
Ind Atm 3.0000
AM lire 2613.1876
Ne l*t Octel MA/2012
Dcpgelt Omit 5500/2012
*dot lyeta 021100012
TacYeire Tad kale Leri NW r&i CA Fti IMI Told
1.053.900 0.413101 4,477.61 0.00 0.00 4,477360
1.0133920 0.000000 450.73 0.00 0.00 415035
1013,920 1419100 13.355.10 0.00 0.00 13,30116
1,013,920 0.156000 1,690./3 0.00 0.00 1.090.92
1053370 0.653100 7,423.0.1 0.00 0.00 994
828.530.83 21..1 MAW
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LRS =WA
5719 BROADWAY.
MILANO , 'TX 77581
Tout Tout ••
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ACCUUMT1'Ain et FULL
179,690353
529,430.03
10.00
t7 ) 03!-5:205 071.) 3111.1111, $U 7854330
21.1.153
03/12/2012 12:36 2819975112
STRIC1SLAND OFFICE PAGE 06/07
TAX RECEIPT •
Cordial Owsw:
IRO'V@t GARRET, RTA
11,62011NA COUNTY TAT ARMOR .• omicron
n
�1u $*.LOCUS
ANGLZTON, TERAS 77!25
cul r1oPrar
% $AID 05V1 Xr
S/19 BROADWAY ST
PEARIAND,TX 77591.7111
Dara* Na 1110211
Valli Nos • 101
. Aacowg N 0544-0038-110
OpinisTemisi 5011
tar lbs t1i. ( Mace
2011 1MsioAiCamp
2011 Special Paid dt nddsv
1011 Trod Id
2011 beta. Dalmil Dist 4
2011 aq urT idal4
SUEMISEI
P.-9-114.--4611:111211112111
0
Tom_ 21160041
1.1E AIRRTA
5719 BROADWAY
PEA,RLAND p TX 71091
No Vasa TAN Rau Limy Paid
201,900 0413101 1,164.311
221,900 0460000 169.14
201.900 1.419400 4.00118
211900 0.136000 439.76
721.900 0.663100 1,93130
Lied fit8
1I*kLTRACT M(1i).Agin
9000. PE *LAID
refeti A4i1111012 14316 HATFIELD RD
Kyr1 saw moo
Plait SN Nus 7043$39
wool DEW 01/3114012
Dope* Dow 02416/1011
Not oda 02/10/2012
P&1 CAN. FM Th l
0.00 0.00 1,164.52
0.00 0.00 164.14
QAD ODO 4,001.29
0,00 0.00 439.76
0.00 0.00 1.931.20
Creddea,nir:
9161 $77$.02
T4411 AMA
T Tri
0.r permasiba rid - 2//3112980
Cflaile
AccorNr PAID rtna
$7.70101
$'1706.01
$7.706.02
10.00
V19) N4 -1D0, OreI3111.1S10, COM 7 •232
21.1.133
03/12/2012 12:36 2819975112 STRTO(LAND OFFICE
TAX RECEIPT
PAGE 07/87
RO'VIN GAMUT, RV.
SOLSZORIA COUNTY TAX ASSESSOR - COLLECTOR
211 E. Loa=
ANGLETON, T OCA.4 7751!
*MN Owner: Legal Desalgireem
Pave nxt wasp VIRECLES OTHER PERSONAL
PROPERTY
STAND CHEVROLET INC
5719 BROADWAY ST .
PEARLAND TX 773/1.7511
Rep.* Me 1210311
r►allAtll1111'IF Is
moue, r14►1 97514415.400
pprowceOa sag
Pored MEW= 370 14ROADWAY
010000
ReeRSeri lop 110413145
SIO1/44polo 01/11!1017
mimes Dom 020dl2012
ream pop 021104012
!teat Tie UWI time The Vedae To*" Le.: P016 red cog Fs Paid Tercel
2011 Iwmpde Caro 461.610 0+413101 1.906.92 0.00 DAD 1,006.17
2011 SDeebi Pfd & 8.;dee 461.610 0.060000 27697 0.00 060 276.97
2011 1ftlin4 bt 441.610 1.419100 6593.09 0.00 0.00 65552.09
2011 1441411 Mg1Vlrt4 661410 0.156000 .720.11 0.00 0.00 720.11
2011 43ty Of >! 441410 0,615100 3.161.49 0.00 OM 3.162.49
pot cmtAulkottatimi Net 0
SIENIStae e. ertMItte.
LYS' 116/3027 =
LEE DERMA
5719 BROADWAY
PM LArtW,TX 17511
617,,61956 ii010*M moms
?AVNER? TYR&
Ci edl1 Car& 112,62031
Taket Aggirls 117611.35
Tallia T1166191 slim
Or teceemit rid us 11/31/Jb0731Orme PgAta 10.00
Accour T PAID 1NPT114
_.<
CM) 1644210CM) 701511, 4591) 771.17060
21.2.153
03/12/2012 12:36
2919975112
STRICKLAND OFFICE
•
:";; ltd::•riXi... :: :}..•I:C�t`:a�:•:�-••�•??: : ' •r•••4t .. '•'%:4v:r�t.::•!
.1 ••1
OFFICIAL TAX RECEIPT
RG'vin OARMVr. RIA
BlWLOWA COUNTY TM ASSESSOR •COLLECTOR
111 E. LOCUST
ANGLETaN. TEXP S 77519
Acaanl Nat VIPT•P910400
O.N1ed OwnK: ST1 "1a.AND CHEVROLET INC
2011 VALUE: 8.682,930
Jr Year
1 . 2011
•A 2011'
28 2011
54 2011
98 2011
•
Wry P*Id
13,515.86
2.02541
47,915.78
'5.255.32
23.121.93
1.1.5 POSTAGE PAID
P11IT NO.4 - s
ru4K21.61014 Tx - - _ •J
PAGE 03/07
•
SPECIAL INVENTORYP6RZONAi. PROPEL{
Ptd Parcel Adder 3718 BROADWAY
0.00 Lep! Maw 010000
'4.00 .ApprNo: 489274
0.00 • Deposit No: 'VIT120236
M* 1/29801
Paid Deye: 02
0.00Toad Payr 1992.282.20
Check Na 952
eitecOoldax NONE
STRICKLAND CHEVROLET!' INC
5719 BROADWAY 31
PEARL#ND , TX 77581-7811
• �t��,li«>,>,td.1�1,dI.�.111...11,d,t.jni.�Y.1.i��1�t�,I.,t�
Exhibit "B"
Ordinance No. 2000CUP-56
Vicinity and Zoning Ma g
CUP 2012-02
5719 Broadway
Strickland Chevrolet
This product is for information purposes and
may not have been prepared for or be suitabl
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground surve
and represents only the approximate relative
location of property boundaries. N
0 187.5375 750 Feet
1 1 1 1 1 1 1, 1
A
Planning & Zoning Commission
Recommendation Letter
May 2, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2012-02
Honorable Mayor and City Council Members:
At their meeting on April 16, 2012, the Planning and Zoning Commission considered the
following:
A request of Terri Lera, applicant, on behalf of Lee Menta, owner for approval of
a Conditional Use Permit to expand the floor area of an existing structure in the
General Commercial (GC) District, on the following described property:
LEGAL DESCRIPTION: 18.5436 Acre (807,759 SQ. FT.) Tract of Land being out
of Lot 51 and Lot 53 of the Allison -Richey Gulf Coast Home Company, Section 6,
recorded in Vol. 135, PG. 501 H.C.D.R., located in the H.T. & B.R.R. Co. Survey,
A-544, City of Pearland, Brazoria County, Texas
GENERAL LOCATION: 5719 Broadway
Strickland Chevrolet
After staff presentation there was a discussion regarding site layout, the need for the
expansion, nearby property owner notification, as well as site history. 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
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF APRIL 16, 2012
Conditional Use Permit No. CUP 2012-02
A the request of Terri Lera, applicant, on behalf of Lee Menta, owner for approval of
a Conditional Use Permit to expand the floor area of an existing structure in the
General Commercial (GC) District, on the following described property, to wit:
Legal Description: 18.5436 Acre (807,759 SQ. FT.) Tract of Land being out of Lot
51 and Lot 53 of the Allison -Richey Gulf Coast Home
Company, Section 6, recorded in Vol. 135, PG. 501 H.C.D.R.,
located in the H.T. & B.R.R. Co. Survey, A-544, City of
Pearland, Brazoria County, Texas
General Location: 5719 Broadway, Pearland, TX
Strickland Chevrolet
APPROVAL PROCESS: After this Joint Public Hearing, the requested
Conditional Use Permit application will be considered as
follows:
Planning and Zoning Commission: April 16, 2012*
City Council for First Reading: May 14, 2012*
City Council for Second Reading: May 21, 2012*
(*dates subject to change)
SUMMARY: Terri Lera, applicant on behalf of Lee Menta/Strickland Chevrolet, owner,
is requesting approval of a Conditional Use Permit to expand their existing facility at the
above referenced location. Specifically, the applicant would like to expand the floor area
of their existing used car facility. The existing use, an Auto Sales/Dealer facility is
permitted in the General Commercial (GC) zoning district, which is the current zoning
district for the property. The site improvement/expansion, as it will result in an increase
of over 500 square feet of structure to the property, triggers full site compliance, as
required by the Unified Development Code. The site requirements not able to be met
due to site restrictions or other constraints as explained by the applicant are listed
JPH 04-16-12
CUP 2012-02
Page 1
below:
• 30' front landscaped setback area along Broadway
• Existing perimeter fencing material along Broadway
These requirements can be waived or reduced by City Council 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, unless waived by City Council with a Conditional Use Permit, to
be met for this property when redeveloped/expanded.
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
General Commercial (GC)
General Commercial (GC)
and Manufactured Home
Park (MH)
General Commercial (GC)
General Commercial (GC)
Land Use
Residential Home
Commercial/Mobile Home Park
Commercial
Commercial
CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously
mentioned, the property is currently zoned General Commercial (GC). A breakdown
between those lot and development requirements and the site current configuration is
provided below:
Lot Size:
Lot Width:
Lot Depth:
Front Setback:
Rear Setback:
Side Setback:
General Commercial
22,500 sq ft
150'
125'
25'
25'
10'
Existing Site
807,759 sq ft
965.11'
818.19'
100.3'
310'
90.9'/251.6'
As previously mentioned this site, due to its location within the City's Corridor Overlay
District, requires a 30' front setback for all parking and maneuvering areas. Additionally,
this area is required to be landscaped, as are all front setbacks along thoroughfares within
the City. As the site is currently developed with a varying width landscaped area of 10'-15'
adjacent to Broadway, additional landscaping and setback area between the parking area
and the right-of-way would be required to be added to meet this requirement. This would
require relocation of existing parking which is the reason the applicant has requested a
JPH 04-16-12
CUP 2012-02
Page 2
Conditional Use Permit to reduce the required with the existing site configuration.
Additionally, the property currently has an existing perimeter fence made of a metal type
material which is not a permitted fence material in the Corridor Overlay District. As the
fence is existing, the applicant has requested that the Conditional Use Permit also permit
this fence to remain in place. The existing landscape/setback area and fence are
illustrated on the site photo below:
At the time of development, all aspects of the Unified Development Code (UDC) which are
not waived or reduced by City Council with a Conditional Use Permit will be required to be
met. At this time, all aspects of the UDC not specifically addressed appear to be met.
PLATTING STATUS: Currently the property has not been platted. Adding additional
square footage or site improvements does trigger the platting requirements according to
Section 3.1.1.1 (c) of the Unified Development Code (UDC).
CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive
Plan (latest update in 2009) indicates Business Commercial for the subject property. The
existing use, proposed to be expanded, Auto Sales/Dealer, is a permitted use in the
JPH 04-16-12
CUP 2012-02
Page 3
General Commercial zoning district. As that zoning district is a correlating zoning district in
the City's Comprehensive Plan for Business Commercial, the zoning and use are 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 expansion of
the used car facility on this property is not anticipated to have any negative impacts on
existing surrounding or future developments.
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 with the exceptions specifically stated in the Summary section of this
report. 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
improvements either on-site or within the public rights-of-way to mitigate
JPH 04-16-12
CUP 2012-02
Page 4
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;
(5) 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
(7) 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. It should be noted that at this time staff has not identified negative impacts which
will need to be mitigated as a result of the proposed addition. Should City Council identify
impacts which it feels should be mitigated, conditions and modifications may be placed on
the approval of the Conditional Use Permit.
STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit
to expand the floor area of an existing structure, while maintaining the existing
buffer/landscaped area and perimeter fencing material in the General Commercial (GC)
district as proposed by the applicant and owner for the following reasons:
1. The proposed request should not have any significant negative impact on the
surrounding properties and developments.
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 expansion of an existing business in the City
of Pearland.
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CUP 2012-02
Page 5
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 04-16-12
CUP 2012-02
Page 6
Abutter Map
CUP 2012-02
5719 Broadway
Strickland Chevrolet
This product is for information purposes and
may not have been prepared for or be suitabl
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground surve
and represents only the approximate relative
location of property boundaries. N
0 150 300 600 Feet
11/111111
Parks
Medium Density Residential
■1/1111N1ts-r■
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5—
■
PI
Public / Semi -Public
Retail, Offices and Services
vu,;.10 1.1 4 141111111111111..
'31,111.1 11,1 L:11 lijimmisil
Business Commercial
D-10,000sf Lots (Suburban Res)
r-
4-
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■
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to
FLUP Map
CUP 2012-02
5719 Broadway
Strickland Chevrolet
This product is for information purposes and
may not have been prepared for or be suitabl _
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground surve
and represents only the approximate relative
location of property boundaries. N
0 187.5375 750 Feet
111111111
A
Aerial Map
CUP 2012-02
5719 Broadway
Strickland Chevrolet
This product is for information purposes and
may not have been prepared for or be suitabl
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground surve
and represents only the approximate relative
location of property boundaries. N
0 70 140 280 Feet
111111111
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit "C"
Ordinance No. 2000CUP-56
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 g 21 20 %2 -
No. Date
No. Date
No. Date
No. Date
Subscribe and sworn to before me this
20_
2ef
20
20
20
20
jJ�t74J
CFO
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
1
Polled 111, 2012
TOSTIOD -OP..A
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CONDITIONAL
INIRMrr NO. 2011141
Notice is hereby= M10
mmrt on April 16, 2112, at
140 pato., the £M
Council =qed PIS
Mrd ZoningtOmriiiii
of the City of Peal.*
in Brazoria, Harrie,.d
Pert Bend Count ;
limas, will condole a
joint public Welds
the Council Char
N City Halt, Ioeets
619..., Ube*/ IAO,
hearland, Texas, at lis
lequest of Terri loos,'
1pplicant, on behalf e1
Lee Menta, owner, for
approval of a Condilon-
M Use Permit to expird
the floor area of an ere*
Mg structure In the
General Commeid l
PC) District, on proper-
ty located at 5711
illroadway, more apoliti-
cally described.
A 15.5436
0807,759 SQ.
Of Land being o1"
51 and Lot
Allison-Rich
Coast Home
Section 8,.
Vol. 135,.
N.C.aL Meealt/ i Mia
$.T A tR,lt.
N said hearing, M Ilse.
shed t shalt Nero
*aright and opo dually
le *ppeer and be Aiwa
late subject. Fereddi•
Sorel intomielle 9
elgse contact tbaflan.
al* Department e.ti1.
*1788.
NiroUd'EIBa
ambo Planner