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Ord. 2000CUP-62 2013-04-22
ORDINANCE NO. 2000CUP-62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING APPROXIMATELY 3.0 ACRE TRACT OF LAND OUT OF A 10 ACRE TRACT, A RESIDUE OF D. H, STRIPLING12.000 ACRE TRACT RECORDED VOLUME 868, PAGE 239 OF THE BRAZORIA COUNTY DEED RECORDS. ALL BEING PART OF THE SOUTH 99 ACRES OF THE H.T. & B. R. R. CO. SURVEY, SEC. 7, A-219 AS RECORDED IN VOLUME 595, PAGE 63 OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT 6301 BROADWAY ST, PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-01 TO ALLOW FOR A PLUMBING SHOP (NO OUTSIDE STORAGE) IN THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT AT THE REQUEST OF MIKE CHANCE, APPLICANT AND CROWN WAREHOUSE INC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS Mike Chance, on behalf of Crown Warehouse Service Inc., owner, filed an application for a Conditional Use Permit to allow for a Plumbing Shop (No Outside Storage), 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 25th day of March, 2013, 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 25th day of March, 2013, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council ORDINANCE NO. 2000CUP-62 regarding the proposed Conditional Use Permit application for Mike Chance, applicant, on behalf of Crown Warehouse Service Inc., 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 April 8, 2013; and April 22, 2013; 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 Mike Chance, applicant, on behalf of Crown Warehouse Service Inc., 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 Planned Development (PD), is hereby granted a Conditional Use Permit to allow for a Plumbing Shop (No Outside Storage) in said zoning district; such property being more particularly described as: Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. & B. R. R. Co. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas ORDINANCE NO. 2000CUP-62 Located at 6301 Broadway St., Pearland, TX 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-62 2013. PASSED, APPROVED, and ADOPTED on First Reading this 8th day of April, ATTEST: N•�Nf�e.ri�„•,• M RIA E. RODRI UEZ DEPUTY CITY SECRETARY EAJP TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of April, 2013. ATTEST: e.ev .,fitqe-dica_174 M RIA E. RODRIGUEZ DEPUTY CITY SECRETARY APPROVED AS TO FORM: Oa.: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Ordinance No. 2000CUP-62 Exhibit "A" CUP APPLICATION Page 1 of 6 (Updated June 2010) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax viivwv.cityofpearland.com APPLICATION FOR A CONDITIONAL USE PERMIT (CUP) Conditional Use Permit Request for: So t y pr posed use from the Table of Uses of -the UDC) Current Zoning District: 23G Property information: Address or General Location of Property: (26/ Tax Account No. C), /c/-0 0 7 ? 6 Subdivision: 1-175-gPr Lot: Block: / A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME C rot1/410 (AAL:t cc ADDRESS i7 Vi -',c CITY ea) r/2 STATE/ NZIP PHONE(? .32 ) FAX( E-MAIL ADDRESS )1 1.47317 0036t) APPLICANT/AGENT INFORMATION: NAME lee /tail c e ADDRESS // 7 A/ - CITY 77? Q ci STATE rni, : ZIP 7 7,5-2" PHoNE(T ) 76 - FAX( 7/ ) 6 03 E-MAIL ADDRESS it1C-/74t C bLi.; 1 1 *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 Cocle of the City of Pearland. Arti4Lec' Owner's Signature: Agent's/ 7- /2 -114 Applicant's Signature: 7 LI1 Date: Date: — -, OFFICE USE ONLY: FEES (,5150 PAID:PAID: DATE RECEIVED BY: RECEIPT Li •• k NUMBER: *Ws &(..1 Application No. ,P.0 13 0 1 February 4, 2013 City of Pearland, TX Planning and Development Department 3523 Liberty Dr. Pearland, TX 77581 Letter of Intent for Conditional Use Permit for 6301 Broadway, Pearland, TX 77581 The building and land is 6301 Broadway, Pearland, TX 77581 is presently owned by Crown Warehouse Services, Inc. The present zoning classification is GB. The proposed tenant is Texas Master Plumber. They plan on putting in a general plumbing business in the building. They will use the office area for their office personnel for bookkeeping, human resources, assignment of plumbers, payment of bills, office administration, and general management. In the warehouse portion they will be storing plumbing supplies and equipment. Everything to do with the business will be contained inside the building. The working plumbers take their plumbing trucks home with them at night so there will not even be any vehicles stored on site at night. The plumbers are out on call during the day so they will only be on site to pick up supplies or materials. Their customers do not come to the building. The only traffic they will have will be their employees, the plumbers, and delivery trucks. Texas Master Plumbers is an experienced company that is located at 8607 Mosley Road, Houston, TX 77075. We are requesting a CUP to the GB classification to accommodate the plumbing classification, as indicated in the zoning code. The owner will be making improvements in the building by cleaning up the property, painting, making minor repairs, and getting the building in better shape again. The tenant will continue maintaining the building, improving and changing the landscape and other areas of the building and grounds. There will not be any new construction done on or in the building. The tenant will use the existing rooms in the form they are in now. Thank you for your assistance in this matter, Nancy Murphy, Secretary of Corporation, for Crown Warehouse Service, Inc. 7 February 4, 2013 City of Pearland Planning and Development Department Crown Warehouse Services, Inc. does hereby authorize Mike Chance, agent to owner/applicant, to file this application for zoning change on their behalf. Nancy Murphy { Crown Warehouse Services, Inc. February 4, 2013 The applicant, Crown Warehouse Services, Inc. acknowledges that they will post the required sign on the property 10 days prior to the public hearing. Crown Warehouse Services, Inc. • Elmer E. Coon, Surveyor 6402 ACcprn Forest, Houston, Texas 77088 Off. 466-0958 Date: January 3, 1978 F:ELD NOTES: For a 3.000 Acre Tract of land out of a 10.000 Acre Tract, a residue of H. Stripling, 12.000 Acre Tract recorded in Volume 868, Page 239 of the Brazoria County Deed Records. All being n part of the South 99 Acres of the 11.T.& B.R.R. Co. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed Records of Brazoria County, Texas. Being more particularly described by metes and bounds as follows to -wit: BEGINNING: At a 1/2" iron rod found in the North Right -Of -Way of F.M. 518, the Southeast corner of the 10.000 Acre Tract, the same being the Southeast corner of this Tract. THENCE: N 89° 40' 00" W, 187.17 feet with the North Right -Of -Way of P.M. 518 to a 1/2" iron rod set for the Southwest corner of this Tract. In the South property line of the 10.000 Acre Tract. THENCE: North, 698.20 feet, severing the 10.000 Acre Tract, to a 1/2" iron rod set for the Northwest corner of this Tract. 'HENCE: S 89° 40' 00" E, 187.17 feet to a 1/2" iron rod set the East pro- perty line of the 10.000 Acre Tract, the Northeast corner of this Tract. THENCE: South, 698.20 feet, with the East property line of the 10.000 Acre Tract, the same being the East line of this Tract to the place of beginning. Containing 3.000 Acres of land. SUBJECT TO: A 5.0 foot utility easement to H.L.& P. Co. record in Volume 920, Page 534 of The Brazoria County Deed Records. I, Elmer E. Coon, a Texas Registered Public Survyeor, Registration Number 1679, do hereby certify that 1 performed a true and accurate survey on the ground and set the necessary property pins, to establish said tract on this 26th day of December, 1977. I further certify that there are no encroachments either way across any property lines at this time. Elmer E. Coon Texas Registered Public Surveyor Texas Registration No. 1679 Brazoria CAD - Property Details Page 1 of 2 Brazoria CAD Property Search Results > 164487 CROWN WAREHOUSE SERVICE IN for Year 2012 Property Account Property ID: Geographic ID: Type: Property Use Code: Property Use Description: Location Address: Neighborhood: Neighborhood CD: Owner Name: Mailing Address: Values 164487 0219-0038-120 Real 6301 BROADWAY FM 518 PEARLAND TX COMM ACCTS COMM Legal Description. A0219 H T & B R R, BLOCK 1, TRACT 1, CROWN PLAT, ACRES 2.9498 Agent Code ID:304 Mapsco. Map ID: CROWN WAREHOUSE SERVICE IN Owner ID: 7919 MONTGLEN ST % Ownership: HOUSTON, TX 77061-1319 (+) Improvement Homesite Value: + (+) improvement Non-Homesite Value: + (+) Land Homesite Value: (+) Land Non-Homesite Value: (+) Agricultural Market Valuation' (+) Timber Market Valuation' + + Exemptions' 32682 100.0000000000% $0 857,440 60 $365,890 Ag / Timber Use Value $0 $0 80 80 (=) Market Value: _ 8423,330 (—) Ag or Timber Use Value Reduction: — 60 (=) Appraised Value: (—) HS Cap: (=) Assessed Value: Taxing Jurisdiction Owner CROWN WAREHOUSE SERVICE IN % Ownership: 100.0000000000% Total Value $423,330 $423,330 $0 $423,330 Entity Description CAD BRAZORIA COUNTY APPRAISAL DISTRICT CPL CITY OF PEARLAND DR4 GBC RDB SPL Tax Rate 0.000000 0.705100 BRAZORIA COUNTY DRAINAGE DISTRICT #4 (PEARLAND) 0.156000 BRAZORIA COUNTY ROAD & BRIDGE FUND PEARLAND INDEPENDENT SCHOOL DISTRICT Total Tax Rate' Improvement! Building All improvmets valued at Income Improvement #1: Commercial State Code: Type Description 406 STORAGE WAREHOUSE Improvement #2: Mec Imp State Code: :/lpropace .ss 0 425860 0.060000 1.419400 2.766360 F1 Living Area; Appraised Value $423.330 $423,330 $423,330 8423,330 $423,330 $423,330 Taxable Value $423,330 $423,330 $423,330 $423,330 $423,330 $423,330 Estimated Tax 80.00 $2,984.90 $660.39 $1,802.79 $254.00 $6,008.74 Taxes w/Current Exemptions: $11,710.82 Taxes w/o Exemptions: $11,710.83 6250.0 sgft Value: NI,A. Class CD Exterior Wall 5 Fi Living Area: Year Built SOFT 1978 6250 0 sgft Value: N/A ucautomation,com/ClientDB,[Property.aspx?prop_id--164487 2/2/2013 Brazoria CAD - Property Details Page 2 of 2 Type Description Class CD Exterior Wall Year Built SQFT YPA1 ASPHALT PAVING 2003 15144.0 Improvement #3: Commercial State Code: 81 Living Area: sgtt Value: NIA Type Description Class CD Exterior Wall Year Built SQFT YSH2 ALUM SHED 1978 330.0 CP5 CANOPY ONLY - 1978 660.0 Improvement #4: Misc Imp State Code: P1 Living Area: soft Value: NIA Type Description Class CD Exterior Wall Year Butt SQFT CP5 CANOPY ONLY 1978 875.0 Improvement #5: Misc Imp State Code: F1. Living Area: soft Value: N/A Type Description Class CD Exterior Wall Year Built SQFT 519 Greenhouse Shade Shelter S 2000 3000.0 519 Greenhouse, Shade Shelter 5 2000 3000.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod. Value 1 S1 PRIMARY SITE 1.2500 54450.00 0.00 0.00 $0 $0 2 S2 SECONDARY SITE 1.6998 74043,29 0.00 000 50 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2013 N/A N/A NIA N/A N/A N/A 2012 557,440 5385,890 0 423.330 50 $423,330 2011 $77,730 5365,890 0 443,620 $0 $443,620 2010 $82,320 5413,820 0 496,140 50 $496,140 2009 5104,470 5432,040 0 536,510 50 $536,510 2008 567,960 5432,040 0 500,000 80 $500.000 2007 $67,960 5432,040 0 500,000 50 5500,000 2006 $67,960 3432.040 0 500,000 50 5500,000 2005 $110,170 5392,040 0 502,210 $C 5502,210 2004 $63,490 $392,040 0 455,530 50 $455,530 2003 554.950 3261,360 0 316,310 $0 $316,310 2002 551,850 $174,240 0 226,090 50 $226,090 2001 $51,850 5174,240 0 226,090 50 5226,090 Deed History - (Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page Deed Number Questions Please Call (979) 849-7792 Website version: 1.2.2.2 Database last updated on: 1/9/2013 6:28 AM © 2013 True Automation. Inc. All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+ end Firefox 1.5+. httpsi/propaccess.trueautomation.com/CLientDB/Property.aspx?prop id=164487 2!212013 Ordinance No. 2000CUP-62 Exhibit "B" Go _ se earth feet,meters 100 400 A • ••••:,iii.,:al.'.!!',4.,;;;,iiriiligii1112,.1:1•Iitillii10.4k.:!•-••• • • • • ,,....".••••••••It:',i1.'"••*'‘'• ":•• • • " . • Z -2P-1 Goge Go igle earth feet 10 meters 5 d2i N3G VO is aN39 AZV1 R-1 GARDENIA ST BROADWAY ST QAl9 Sy1VO 1S3M GC WEST OAKS CIR G/O-MU 0 v Vicinity and Zoning Map CUP 2013-01 6301 Broadway Crown Warehouse This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 75 150 300 Feet I 1 1 1 I 1 1 1 I Ordinance No. 2000CUP-62 Exhibit "D" Planning & Zoning Commission Recommendation Letter March 26, 2013 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2013-01 Honorable Mayor and City Council Members: At their meeting on March 25, 2013, the Planning and Zoning Commission considered the following: A request of Mike Chance, applicant for Crown Warehouse Service, Inc., owner, for approval of a Conditional Use Permit to allow a Plumbing Shop (No Outside Storage) in the PD -GB zone, on the following described property: LEGAL DESCRIPTION: Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. & B. R. R. Co. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas GENERAL LOCATION: 6301 Broadway St. Pearland, TX After staff presentation Commissioner Daniel Tunstall made a motion to approve the Conditional Use Permit (CUP). The motion was seconded by Commissioner Matthew Hanks. The vote was 7-0 and the motion passed. Sincerely, Ian Clowes Planner II On behalf of the Planning and Zoning Commission JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MARCH 25, 2013 Conditional Use Permit No. CUP 2013-01 A request of Mike Chance, applicant for Crown Warehouse Service, Inc., owner, for approval of a Conditional Use Permit to allow a Plumbing Shop (No Outside Storage) in the PD -GB zone, on the following described property: Legal Description: Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. & B. R. R. Co. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas General Location: 6301 Broadway Street APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: March 25, 2013* City Council for First Reading: April 8, 2013* City Council for Second Reading: April 22, 2013* (*dates subject to change if item is tabled) SUMMARY: The applicant is requesting approval of a Conditional Use Permit (CUP) for a Plumbing Shop with no outside storage. The property is currently zoned Planned Development (PD), which permits the proposed use with the approval of a CUP. The current PD, Botanical Landscape Designs, was approved by City Council on April 8, 2002. The PD was approved for a landscape design business which the applicants to amend the fencing requirements on site, and utilize outside storage for landscaping materials. The property was previously zoned Suburban Development (SD). The approved PD document indicates that that the base zoning district is General Business (GB). The PD was amended by the City Council on November 8, 2010 to allow JPH 03-25-2013 CUP 2013-01 Page 1 additional uses and limit building height for any additional structures. SITE HISTORY: Botanical Landscape Design ceased operations in November of 2009. In October of 2010, a fine arts studio was interested in occupying the existing facility. The PD at the time only permitted commercial landscape operations to operate on site. The applicant initially applied for a zone change to the General Business (GB) zone but later withdrew that request and amended the existing PD document to allow their proposed use. The amendment allowed for all uses permitted in the GB zone but omitted a number of uses that were determined by City Council to be in conflict with the surrounding residential uses. Any use within the GB zone that would require a conditional use permit (CUP) would be allowed in the PD with the approval of said CUP. The requested use of a Plumbing Shop (No outside storage) falls under this category. The following is a list of the GB uses that are not permitted in the Botanical Landscape Design PD: - All uses listed in the land use matrix under the Automobile -Related Use section - Check Cashing Service -Rehab Care Facility (Commercial or Halfway House) -Convenience Store with or without gasoline sales - Restaurant with Drive -In or Drive-Thru service - Tavern - Adult Day Care Center (Business) -Mortuary/Cemetery (Including Mausoleum/Crematorium) - Nursing/Convalescent Home - Pet Care Facility/Animal Kennel -Exterminator Service/Company - Machine Shop SURROUNDING ZONING AND LAND USES: Zoning Land Use North Single Family Residential -1 Single Family (R-1) South General Commercial (GC) Office Building East General Commercial (GC) Church and Single Family Residential -1 Single Family (R-1) West General Business (GB) Dental Office CONFORMANCE TO THE UNIFIED DEVELOPMENT CODE (UDC): The subject property is currently zoned Planned Development (PD). The parcel is 3 acres and meets the JPH 03-25-2013 CUP 2013-01 Page 2 minimum size for a non-residential PD which is 3 acres. The property will be required to meet all current requirements of the Unified Development Code for the proposed use (parking, screening, etc.). PLATTING STATUS: The property is not currently platted. Future expansion on site would require the completion of a Minor Plat for the entire site. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends Business Commercial for the subject property and the surrounding properties. The Comprehensive Plan further indicates that the appropriate zoning districts are General Business (GB) and General Commercial (GC). The existing planned development, with the allowed uses and listed prohibited uses, is in compliance with the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Broadway, a major thoroughfare with sufficient width for right-of-way of 120 feet. There are not any dedications required for Broadway. The proposed Conditional Use Permit is in conformance with the Thoroughfare Plan. AVAILABILITY OF UTILITIES: The subject parcel is served by public water and sewer. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant is requesting approval of a Conditional Use Permit that would allow a Plumbing Shop to occupy the space. The base zone for the PD is GB and the requested use is not excluded by the planned development. All of the properties abutting the subject parcel, with the exception of the property to the north and portions to the east, are zoned either GB or GC and are used as such. The property to the north is zoned R-1 and currently has one single home on site that is located approximately 300 feet from the subject parcels property line. A fence already exists which acts as a screening element for the residential use. Fences also exist along the eastern portion of the property where two single family homes are located approximately 100 feet from the subject parcels property line. The planned development would limit future growth on the site by limiting the height of any new buildings as they approach the surrounding residential property. Specifically, any building that is greater than 300' from Broadway may not exceed 20' in height. At this time the applicant has stated that they do not intend to add any additional structures to the property. Upon redevelopment, the applicant will be required to ensure there are no code enforcement issues and any future use will have to meet all requirements of the Unified Development Code. Buffering and screening will be enforced along the areas where the subject property abuts residential uses. ADDITONAL COMMENTS: This request has been reviewed by the City's Development JPH 03-25-2013 CUP 2013-01 Page 3 Review Committee (DRC) and there are no additional or outstanding comments from other departments. SITE PLAN CONSIDERATIONS: A site plan was not submitted with the application. The site contains an existing building and no new construction is planned at this time. At the time of review for a tenant occupancy or build out, a site plan will be required to ensure compliance with all development requirements including parking, screening, landscaping, and facade materials. PUBLIC NOTIFICATION: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a sign advertising the proposed Conditional Use Permit was placed on the subject property. 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 at this time. STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit No. CUP 2013-01 as proposed by the applicant for the following reasons: 1. The proposed Conditional Use Permit should not have any significant negative impact on the surrounding properties and developments. 2. The proposed Conditional Use Permit is in conformance with the current land use plan. 3. This proposed Conditional Use Permit is compatible with the neighboring properties zoning classification 4. The proposed use is permitted as part of the planned development with an approved Conditional Use Permit. SUPPORTING DOCUMENTS: • CUP Application • Vicinity Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan • Aerial Photograph • Other Maps and Related Documents JPH 03-25-2013 CUP 2013-01 Page 4 0 m IS CIN38 AZV1 R-1 GARDENIA ST •\ 40 4, lr 4 • 4 4 4 4 P1 40° Ciii,f<>4 BROADWAY S G/O-MU 0 0 0 GC MF WEST OAKS CIR R-3 Abutter Map CUP 2013-01 6301 Broadway Crown Warehouse This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. 0 75 150 300 Feet III ill ill Low sr Residential \\\ \Garden/O'Day Mixed Use Dist N'11\\ IS QN39 J.Z`d-1 BROADWAY ST High Density Residential Business Commercial 0 0 m 0 T _ WEST OAKS CIR p Medium Density Residential -mG 0 FLUP Map CUP 2013-01 6301 Broadway Crown Warehouse This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 75 150 300 Feet 111111111 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties Ord. No. 2000CUP-62 Exhibit "C" 1, 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.. No. No. No. No. Date 2- 6 20 _L Date 20 Date 20 Date 20 Date 20 Subscribe and sworn to before me this 20 /3 LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Comm ssIon Expires 09.09-2014 14/il2avra,-1 CFO day of CA40-Ar-A-i GC,f/t Laura Ann Emmons, Publisher Notary Public, State of Texas Published March 6, 2013 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 2013.01 Notice is hereby given that on March 25, 2013 , at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Mike Chance, applicant for Crown Warehouse Service. Inc., owner, for approval of a Conditional Use Permit to allow a Plumbing Shop (No Outside Storage) in the PD -GB zone, on the fol- lowing described proper - Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. & B. R. R. Co. Survey, Sec. 7, A-219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas (Generally located at 6301 Broadway Street, Pearland Texas). At said hearing, all inter- 3sted parties shall have the right and opportunity to appear and be heard