Ord. 2000CUP-63 2013-05-13ORDINANCE NO. 2000CUP-63
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 7929 BROADWAY ST., PEARLAND, TX) CONDITIONAL USE
PERMIT APPLICATION NO. CUP 2013-02 TO ALLOW FOR THE OPERATION
OF A MINOR AUTO REPAIR FACILITY IN THE GENERAL BUSINESS (GB)
DISTRICT AT THE REQUEST OF ESTEBAN V.RODRIGUEZ, APPLICANT, ON
BEHALF OF CONDOR AUTO CARE CENTER, OWNER, CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS Esteban V. Rodriguez, applicant, on behalf of Condor Auto Care
Center, owner, 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 15th day of April, 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 15th day of April, 2013, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000CUP-63
proposed Conditional Use Permit application for Esteban V. Rodriguez, applicant on
behalf of Condor Auto Care Center, 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 13, 2013; and June
10, 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 Esteban V. Rodriguez, applicant, on behalf of Condor Auto
Care Center, 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 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 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
ORDINANCE NO. 2000CUP-63
Located at 7929 Broadway St., 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
_
1, 518 (7929 BROAD
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.
ORDINANCE NO. 2000CUP-63
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.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of May,
A.D., 2013.
ATTEST:
M IA E. RODRIGUEZ
DEPUTY CITY SECRETARY
TOM REID
MAYOR
ORDINANCE NO. 2000CUP-63
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of May,
A.D., 2013.
ATTEST:
ARAE. RODRIGUEZ
DEP TY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Ordinance No. 2000CUP-63
Exhibit "A"
CUP APPLICATION Page 1 of 6 (Updated June 2010)
City of Pearland
unitynt
APPLICATION FOR Comm
3523DLbertypDrve
A CONDITIONAL USE Pearand Texas 77e
581
281-652-176
PERMIT (CUP) 281-652-1702 fax
www.cityofpearland.com
Conditional Use Permit Request for:
(list proposed use from the Table of Uses of the UDC)
Current Zoning District:
Property Information:
Address or General Location of Property: 712'/
r'e ' 1-'ra
7--.›c/.5 7'7 �/
Tax Account No. 2 Z 8 C C/— /20
Subdivision: 1M ? & c F 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:
NAMEl� C CL `t C1' L.L. L NAME i V Lk'i
ADDRESS 747Z', /3,C4Pat, w 57ra--&---r ADDRESS f? L3LX 04 1 / v
CITY /!-cail-e) STATE %h ZIP '7756/ CITY PE `eL 1h STATE . ZIP 77572,1 -
PHONE( E�i3Z ) 276 -- 3 7 '7 PHONE(0.5 ) 276
FAX( e64,) F L"7 - '73 c1 FAX( ) Z7 —
E-MAIL ADDRESS e'r'rt--'rner/ 0,has } ^ r5 4401 E-MAIL ADDRESS c=r1 ePJria ;sc. yhk5. CcrT7
*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: � ����-tom Date:
cs /I2 `ZU/ 3
Agent's/
Applicant's Signature: .moi Date: cs:3// 2'!2.v 4_3
OFFICE USE ONLY:
FEES ?5G -
DATE -2) 1
PAID:
RECEIVED C
BY:
RECEIPT 1 ��'C) di
NUMBER: 1
Application No. � )'3
stewart
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PROPERTY ADDRESS: 7929 BROADWAY STREET PEARL.AND, Texas 77551
DATE: 2/8/2012
FIELD WORK DATE: 217,2C12 REVISION CATE(SI: aew.t 2,5/2OlZ'
7X 1202,0355
BOUNDARY SURVEY
BRAZORIA COUNTY
N 89°47'48° E 130.00 (D)
COMMENCE AT ME NORDWED`
CORNER OF LOT W Of WESTGATE
FART'., A SUBDIVISION OF 9..575
ACRES of LAND OUT or IO1'S 47
AND 48 OF TI3E 2 U5ON RICnCY
GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 19.
H.T. 4 B.R.R. CO. SURVEY.
ABSTRACT 243, BRA2OR'A
COUNTY, TEXA5. ACCORDING TO
THE MAP OR PIAT 7ERE0F
RECORDED IN VOLUME 14. PAGE
920 Of THE PUT RECORDS OF
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GROUND ON THE 7TH DAY OF FEBRUARY 2012.
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GRAPHIC SCALE (In Feet)
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LEGAL DESCRIPTION:
,SEE EXHIBIT A
I CLIENT NUMBER: 1103931914 SURVEY R
CERTIFIED TO:
Condor Auto Care Center, LLC; STEWART TITLE; JPMORGAN CHASE
BANK, N.A..
1215 Te: -.,d 5+/t 9&'1_,!e..'.
1 BUYER Condor Auto Care Center, LLC
' COMMUNITY NUMBER:485458
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www.surveyVM.com
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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.
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Condor Auto Center LLC
P.O.Box 841357
Pearland TX 77584
(281) 495-8913
Pearland, March 12, 2013
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:
Condor Auto Care Center LLC, 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 this property for a new project
Condor Auto Care Center is planning. This procedure is necessary to allow this property to comply with the
land use dedicated 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 this property:
Current Condition: A the moment on this property there is an existing 2400 sf one -store 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 a 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: Condor Auto Care Center currently rent a building for minor auto repair, on 6905
Broadway in Pearland, TX. This business is growing and Condor Auto Care Center needs to move out, and
instead of looking fora new place to rent, Condor would like to develop this property and stop paying rent, The
vision Condor has for the property mentioned above is to convert, retrofit and expand the existing house into s
new Auto Repair / Mechanic Shop building. The building will have approximately a total of 5000 sf to
accommodate 12 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 and 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:OOam-5:OOpm. 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 life 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 no hesitate to contact me.
Sincerely.
Condor Auto Care Center LLC
Esteban Rodriguez
Member
6905 Broadway Ste 103 — Pearland TX 77581 • Fax (281) 494-8948
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CUP 2013-02
7929 Broadway St.
0 55110 220 Feet
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Abutter Map
CUP 2013-02
7929 Broadway St.
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LAKESIDE MANOR LN
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FLUP Map
CUP 2013-02
7929 Broadway St.
0 87.5 75 350 Feet
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Aerial Map
CUP 2013-02
7929 Broadway St.
0 20 40 80 Feet
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Ordinance No. 2000CUP-63
Exhibit "C"
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 _ 1
issues, as follows:
'No..
No.
No.
No.
No.
Date 2- ) %
Date
Date
Date
Date
Subscribe and sworn to before me this__
20
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commisd � r, Expires 09-09-2014
20 Li_
20
20
20
20
CFO
�----day of C4A-e-Z)
Laura Ann Emmons, Publisher
Notary Public, State of Texas
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 2013.02
Notice is hereby given
that on April 15, 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 Esteban V.
Rodriguez, applicant for
Condor Auto Care
Center, LLC., owner, for
approval of a
Conditional Use Permit
to allow for Minor Auto
Repair in the General
Business (GB) zone, on
property located at 7929
Broadway, more specifi-
cally described below:
Plat of survey of a
0.6984 acre tract being
a part of lot "A" of
Westgate Park a subdi-
vision 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:
7929 Broadway,
Pearland, TX
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Ian Clowes
Planner II
Ordinance No. 2000CUP-63
Exhibit "D"
Planning & Zoning Commission
Recommendation Letter
April 16, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2013-02
Honorable Mayor and City Council Members:
At their meeting on April 15, 2013, the Planning and Zoning Commission considered
the following:
A request of Esteban V. Rodriguez, applicant for Condor Auto Care Center,
LLC., owner, for approval of a Conditional Use Permit to allow for Minor Auto
Repair in the General Business (GB) zone, on property located at 7929
Broadway, more specifically 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: 7929 Broadway St. Pearland, TX
After staff presentation there was discussion regarding the proposed site layout for the
repair facility. Staff mentioned that instead of the original condition (no repair bays
should face Broadway), the CUP could be tied to the submitted site plan which shows
the bays not facing Broadway. Following this discussion Commissioner Matthew Hanks
amended the original motion, tying the site plan to the approval. The motion was
seconded by Commissioner Mary Starr. The vote was 5-0 and the motion passed.
Sincerely,
Ian Clowes
Planner II
On behalf of the Planning and Zoning Commission
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF APRIL 15, 2013
Conditional Use Permit No. CUP 2013-02
A the request of Esteban V. Rodriguez, applicant for Condor Auto Care Center,
LLC., owner, for approval of a Conditional Use Permit to allow for Minor Auto Repair
in the General Business (GB) zone, on property located at 7929 Broadway, more
specifically 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: 7929 Broadway St., Pearland, TX
APPROVAL PROCESS: After this Joint Public Hearing, the requested
Conditional Use Permit application will be considered as
follows:
Planning and Zoning Commission:
City Council for First Reading:
City Council for Second Reading:
April 15, 2013*
May 13, 2013*
May 13, 2013*
(*dates subject to change)
SUMMARY: Esteban V. Rodriguez, applicant, is requesting approval of a Conditional
Use Permit (CUP) 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 04-15-13
CUP 2013-02
Page 1
The property owner is proposing to redevelop the site to be used as a Minor 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 CUP. A previous
CUP for the same proposed use on this site had been approved in January of 2012.
That CUP was never acted on by the applicant so has now expired. The applicant is
now ready to proceed with the opening of his business and is seeking the approval of a
new CUP.
If the CUP 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.
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 CUP. Furthermore, as the subject property is currently
JPH 04-15-13
CUP 2013-02
Page 2
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 the proposed use was
submitted with the CUP 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 CUP.
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 CUP request.
CRITERIA FOR APPROVAL: When considering an application for a CUP, 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
development related adverse impacts, such as traffic, noise, odors, visual
JPH 04-15-13
CUP 2013-02
Page 3
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 CUP 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.
The proposed facility will have automotive repair bays as an integral part of the use. Being
that Broadway is within the Corridor Overlay District, staff feels that a condition should be
in place that prevents the repair bays from facing or opening up onto Broadway St.
Should City Council identify additional impacts which it feels should be mitigated, additional
conditions and modifications may be placed on the approval of the CUP.
STAFF RECOMMENDATION: Staff recommends approval of the CUP No. 2013-02 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.
2. The proposed request would be in conformance with the Unified Development Code
with the approval of a CUP.
3. The proposed request is in conformance with the criteria of approval of a CUP 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.
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5. The proposed request would enhance the property from its current state, particularly
with the recommended condition of approval, listed below.
Condition:
1. Repair bays shall not be permitted to open up to or face onto Broadway St.
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
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