Ord. 2000M-0103 2013-06-10 FAILEDFailed on June 10, 2013
ORDINANCE NO. 2000M-103
WHEREAS, on the 20th day of May, 2013, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zone change application of Richard Tadlock, applicant and The Grocers
Supply Co., Inc., owner, whereby the Commission recommended denial of the change
of classification for the described property from its existing classification of General
Business (GB) to General Commercial (GC), 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meeting(s) on the 10th day of June, 2013
and; 24th day of June 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 Richard Tadlock, applicant and The Grocers Supply Co., 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 City
Limits of the City of Pearland, Texas, and presently classified as General Business
(GB) to General Commercial (GC), in accordance with all conditions and requirements
of the current Unified Development Code and incorporated for all purposes, such
property being more particularly described as:
Page 2 of 4
Ord. No 2000M-103
ORDINANCE NO. 2000M-103
LEGAL DESCRIPTION: BEING A 1.0090 ACRE TRACT OF LAND OUT OF THE
ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 9, H.T.& B. RAILROAD COMPANY SURVEY, ABSTARCT NO. 234,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2, PAGE 24, OF THE BRAZORIA COUNTY PLAT RECORDS; THIS
TRACT BEING A PORTION OF THE DAN KELLER, TRUSTEE, ET AL, CALL
9.977 ACRE TRACT (VOLUME 1748, PAGE 448, BRAZORIA COUNTY DEED
RECORDS).
GENERAL LOCATION: 7201 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 and that no valid protest of the proposed change has been
made. 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 amendment adopted herein 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
Page 3 of 4
Ord. No 2000M-103
ORDINANCE NO. 2000M-103
benefit of the City.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of June,
2013.
c �OYYt� Ei '
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of June, 2013.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord. No 2000M-103
ORDINANCE NO. 2000M-103
Exhibit "A"
ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2012
City of Pear land
,44104:
10104 APPLICATION FOR Community Development
3523 Liberty Drive
P, A CHANGE IN ZONING Pea(Community Center)
rland, Texas 77581
281-652-1768
.444Zrie 281-652-1702 fax
www.cityofpearland.com
Current Zoning District(( 3) Gcnev' t "Bus;Acs s Rt1 \
bJ-
Proposed Zoning District: (6c) 6-;rt,)c_v&. I 4,4foieve,',. I uii
Property Information:
Address or General Location of Property: 7 ZO ( Pe.Y.(conS /' 775e
eocin-- e' PO Rt0
Tax Account No. Mr, CCOC7 Oc-C
/4/1,1ci-ts,J.1) Olc.)z39 Kr4-ri s
Subdivision: Pcm Lot: Pc5cf0c_. F Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME 7-4c.. eicvS Cc. ;114c - NAME &AI-7a/0, 4
ADDRESS 317/ C. lin/i-ow, card. ADDRESS 3/3/ /cc" Xlvd.
CITY Aksion STATET)( ZIP 77ZZ/ CITY /4,-)14.--7 STATE I ZIP 77Z Zs/
PHONE( 713 ) s--Z 95 PHONE( 71.3 )
FAX(713 ) 71 - FAX( '7/3 ) 7415'— 13i5"
E-MAIL ADDRESS E-MAIL ADDRESS 4///:-/-7Z1040 (,,- ((VJJ e/y.(en,/
*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:
Agent's/Applicant's
Signature: 4/ Date: 514/to 3
OFFICE USE ONLY:
FEES
<,f 1. / co DATE Up, /.7 RECEIVED "71---fir RECEIPT 1) s
PAID: / PAID: I o`o BY: NUMBER:ON
Application No. C v3 0 7
ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2012
City of Pearland
APPLICATION FOR Community Development
3523 Liberty Drive
n (Community Center)
A CHANGE IN ZONING Pearland,Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland corn
Current Zoning District: (GE) Ccof B - - (- gt('at I 7)1 s+;c
Proposed Zoning District: (6 c-) 6;f1i-trtrO mci4 c%c-1
Property Information:
Address or General Location of Property: 70.of Frt dcoc. y " cor Tie 7 7S8
Rte‘a -R.-I?,
Tax Account No. 6 -000(o -Coo.
lbc.,11-c>•1,,, 00 ozYcl ,'r -a)
Subdivision: ret,,k,,ril Lot: Rt_Styruc— F Block: Z
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME Vt.l- tiT-3/4-fp y CO s Zel . NAME
ADDRESS3/3/ Aftc:64,4, Val, ADDRESS
CITY Ausibr, STATET-74- ZIP 7712 I CITY STATE ZIP
PHONE( ?t3 715—— S PHONE(
FAX( 713 ) 7'/?- 235? FAX(
E-MAIL ADDRESIVinp/4d4t1/0 (-v-oc,V.S./k/ffir c h-1, 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 Developmen - •e of the City of Pearland.
411101
Owner's Signa - Date4 4---1
Agent's •- -
Signature: Date,
OFFICE USE ONLY:
FEES DATE RECEIVED RECEIPT
PAID: PAID: BY: NUMBER:
Application No.
GROCERS SUPPLY�������������� ���� ]��� ��� C ,
IPHONE��' (71u)74/'aoon • 3131 E.HOLCOMBE BLVD. • p.o BOX louoo • HOUSTON,TEXAS 77221-4200
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_--` WHOLESALE GROCERS �---
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April 18, 2013
The City of Pearland
Attn: Community Development
3523 Liberty Drive
Pearland,TX 77581
RE: Letter of Intent
To Whom It Concerns,
My name is Collin Tadlock and I work for The Grocers Supply Co, Inc.the owner of the tract of land in
which we are seeking to change the zoning from a General Business Retail District (GB)to a General
Commercial District(GC). In regards to the tract of land in the past it was a used for a Valero gas station
and at the end of their lease term the tenant decided not to renew their lease based on competition on
either side of the street. We tried to lease the space to other gas station operators but, could never
come to an agreement based on costs and competition in the area. In late 2012 we decided to have the
underground storage tanks(UST's) removed from the site as well as remove the fuel pumps and canopy
and convert the store into a retail site. Since that time we have had the property listed with the
brokerage firm (UCR)who has been trying to Lease the space for us. UCR have been approached by Half
Price Pawn and Jewelry also, known as Money Mart to place one of their stores at the site. Half Price
Pawn and Jewelry would take the entire building(1,800 SF). When we began looking into this tenant we
found out that the current zoning for this site is a GB and does not allow for this type of use. We are
seeking approval to change the zoning to a GC to allow for this type of occupant so,that they will be
able to operate as a pawn shop, pay day loan, and gold exchange operator. We have currently executed
a Lease with this tenant but, it is contingent on us being able to change the zoning for this site.
If you have any other questions, I can be reached at 713-749-9399.
Thanks for nce,
6.4...4'.!" C°+�~*^-'
Collin Tadlock
Property/Leasing Manager
The Grocers Supply Co., Inc. I
GROCERS SUPPLY 60171pany C%te
PHONE(7 13)747-5000 • 3131 E.HOLCOMBE BLVD • P0 BOX 14200 • HOUSTON TEXAS 77221-4200
7-\ \ WHOLESALE GROCERS I1-7
April 24,2013
City of Pearland
Attn: Ian Clowes
3523 Liberty Drive
Pearland,TX 77581
RE: Posting of Zoning Notification Signs
Dear Mr.Clowes,
The Grocers Supply Co.,Inc.is aware that we will need to post a zoning notification sign on the property
in question at least 10 days prior to the meeting based on the specs provided by the City of Pearland.
Sincerely,
Collin Tadlock
Property/Leasing Manager
The Grocers Supply Co.,Inc.
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Vicinity Map - Peat-land, TX
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This product is for Informational 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,
7201 BROADWAY ST, PEARLAND, TX 77581 -Google Maps Page 1 of 1
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•
December 19, 1996 PARCEL 5
Proposed Reserve "F"
Albertson's-Pearland
Being a 1.0090 acre(43,951 square feet) tract of land out of the Allison-Richey Gulf
Coast Hone Company Subdivision of Section 9,H.T.&B.Railroad Company Survey,Abstract
No.234,Brazoria County,Texas, according to the plat recorded in Volume 2,Page 24, of the
Brazoria County Plat Records;this tract being a portion of the Dan Keller,Trustee,et al.,call
9.977 acre tract(Volume 1748,Page 488,Brazoria County Decd Records);this 1.0090 acre tract
being more particularly described as follows:
CONMENCE at a 1-inch iron pipe found for the northeast comer of Lot 31 and the
northwest corner of Lot 63 of the said Allison-Richey Subdivision;said corner also being the
northwest corner of the Ruby Lee Cox tract(Volume 958,Page 925,Brazoria County Deed
Records) and the northeast corner of the said Keller tract;
THENCE, South 89°23'51"East-241.99 feet to a 1-inch galvanized iron pipe found for
the northeast corner of the said Cox tract;
THENCE, South-850.62 feet to a%-inch iron rod set for the southeast corner of the
said Cox tract;said coiner being in the northerly right-of-way line of State Farm-Market Road
No. 518 (right-of-way width varrs);
THENCE,North 86°49'37' West-242.35 feet along the northerly right-of-way line of
said F.M. 518 to a 1-inch iron rod set for the southwest corner of the said Cox tract;
THENCE,North 87°04'21"West-34.29 feet along the northerly right-of-way line of said
F.M. 518 to a 8/e-inch iron rod set for the southeast comer of and POINT OF BEGINNING for
this 1.0090 acre tract;
THENCE,North 87°04'21"West-214.94 feet along the northerly right-of-way line of
said F.M. 518 to a%-inch iron rod set for an angle point of this tract
THENCE,North 88°44'07" West-3.18 feet along the northerly right-of-way line of F.M.
51.8 to a%-inch iron rod set for the southwest corner of this tract;
THENCE,in a northerly direction along a curve to the left being the easterly right-of-way
line of Proposed Reed Boulevard(100-foot right-ofway width)having a radius of 460.00 feet,a
delta angle of05°45'10",an arc length of 46.19 feet, and a chord bearing North 08°56'36" West-
46.17 feet to a 6/a-inch iron rod set for a point-of-compound-curve;
•
.5 .
Legal Description-Reserve"F"
December 19, 1996
Page 2
THENCE,in a northwesterly direction along another curve to the left being the easterly
right-of-way line of said Proposed Reed Boulevard having a radius of 2,060.00 feet, a delta angle
of 05°21'2/1",an arc length of 192.59 Wit,and a chord bearing North l4°29'53" West- 192.52
feet to a als-inch iron rod set for the northwesterly corner of this tract;
THENCE,in a southeasterly direction along a.curve to the right having a radius of 185.00
feet, a delta angle of 54°5043",an arc length of 177.09 feet,and a chord bearing South
72°25'22" East- 170.40 feet to a s/a-iuch iron rod set for a point-of-tangency;
THENCE, South 45°00'00"East- 162.20 feet to a%-inch iron rod set for the north-
easterly corner of this tract;
THENCE,South 02°55'37"West- 76.99 feet to the POINT OF BEGINNING and
containing 1.0090 acres(43,951 square feet)of land.
COMPILED BY: /
0? /
Texas Engineering And Mapping �/ — _ _�' .�:••-_ ✓`
Civil Engineers-Land Surveyors u clfria ry A. Schmidt
Stafford,Texas Registered Professional Land Surveyor
Job No.055-1 State of Texas No.4355
v rim-il-f
•I I
GREGORY A.6CHAIDT
435
SUR'
II
TAX RECEIPT
eo,r
� 'p
RO"VIN GARRETT,RTA
BRAZORIA COUNTY TAX ASSESSOR-COLLECTOR
111 E.LOCUST
ANGLETON,TEXAS 77515
Certified Owner: Legal Description:
ALBERTSON'S(A0234 fI T&B)(PEARLAND),
GROCERS SUPPLY CO INC BLOCK 2.LOT RESERVE F,ACRES 1.007
3131 HOLCOMBE BLVD
HOUSTON,TX 77021-2116
Parcel Address: 7201 BROADWAY FM 518
Legal Acres: 1.0078
Remit Sty No:22857801
Receipt Date: 01/31/2013
Deposit Date: 02;04/2013
Print Date: 02/02/2013
Deposit No: 13035150 Printed By: LATOYA
Validation No: 900000027429660
Account No: 1168-0006-000
Operator Code: LATOYA
Year Tax Unit Name Tax Value Tax Rate Levy Paid P&I Coll Fee Paid Total
2012 Brazona County 421.720 0.425860 1,795.94 0.00 0.00 1.795.94
2012 Special Road&Bridge 421,720 0.060000 253.03 0.00 0.00 253.03
2012 Pearland lad 421,720 1.419400 5,985.89 0.00 0.00 5,985.89
2012 Brazoria Drainage Dist 4 421,720 0.156000 657.88 0.00 0.00 657.88
2012 City Of Pearland 421,720 0.705100 2,973.55 0.00 0.00 2,973 55
511,666.29 50.00 S0.00 511,666.29
PAY\1ENT TYPE:
heck Number(s): ——
1400113743 Checks: 51 1,666 29
Exemptions on this property:
1
Total Applied: S11.666.29 '
Total Tendered: 577.632.29
(for accounts paid on 01/31/2013)Change Paid: 80.01)
ACCOUNT PAID IN FULL
PAYER: 1084633
GROCERS SUPPLY CO INC
PO BOX 14200
HOUSTON,TX 77221-420
(979)864-1320,(979)388-1320,(281)756-1320
21.1.155
----
ZtE2-IANGE ,IR VARIANCE (circle one
Zone # BA
Description: Input who the check is from
gol3 —0"8"?.__ CITY OF runup
REPII1T
COMMENTS (F10): ..7_, ila QISITIER NCEIPT 4"
Address -7,q(51 01-04cAviciS Oper: IMAMS Type: OC Drover: 1
Date: 4/25/13 111 1eceipt ao: 211651
w----- Description OaaatitjuswiTs Moat
Applican —.14-:;-: ___ - IA BOARD OF
1.N 1775.0
Trams rosier: 4166962
Owner Gfo(crrs 51)k:A 3 Co , raENE CRANE 2413-112
7211 NUMMI ST.
Explanation one hang:. CUP or Variance SIOCER SUPPLY C0.111C
REAL ESTATES DEPT
e one) PO ICU 77221
A 7755C) 111
Tender detail
CE Ai 101113979 $715.11
Total tendered $775.0
Total parent 1775.111
Trans date: 4/25/13 Time: 14:31:44
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AFFIDAVIT OF PUBLICATION
Ordinance No. 2000M-103
The Pearland Reporter News Exhibit"C'
2.404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
3alveston Counties, for / issues, as follows:
1. No.. / Date /
No. Date - — 20
No. Date — 20
No. Date 20
No. Date
20
1-Ukrr -)
CFO
Subscribe and sworn to before me this
day of / j.
� f
LAURA ANN EMMONS /
tVTARY PUBLIC 'Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published May 1,2013
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION
NO.2013.08Z
Notice is hereby given
that on May 20,2013 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 Collin
Tadlock, applicant and
The Grocers Supply Co.,
Inc.,owner,for approval
of a zone change from
the General Business
(GB) zone to the
General Commercial
(GC) zone, on property
located at 7201
Broadway St., more
specifically described
below:
Being a 1.0090 acre
tract of land out of the
Allison-Richey Gulf
Coast Home Company
Subdivision of Section 9,
H.T.& B. Railroad Com-
pany Survey, Abstarct
No. 234, Brazoria
County, Texas, accord-
ing to the plat recorded
in Volume 2,Page 24,of
the Brazoria County Plat
Records;this tract being
a portion of the Dan
Keller,Trustee,et al,call
9.977 acre tract(Volume
1748, Page 448,
Brazoria County Deed
Records).
General location: 7201
Broadway Street.
At said hearing,all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1765.
Ian Clowes
Planner II
ORDINANCE NO 2000M-103
Exhibit"D"
$ I1 \ l \.
1 L x A S
Plannin g Zoning&
Recommendation Letter
May 21, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-08Z
Honorable Mayor and City Council Members:
At their meeting on May 20, 2013, the Planning and Zoning Commission considered the
following:
A request of Collin Tadlock, applicant and The Grocers Supply Co., Inc., owner, for
approval of a zone change from the General Business (GB) zone to the General
Commercial (GC) zone for 1.0090 acres on the following described property:
LEGAL DESCRIPTION: Being a 1.0090 acre tract of land out of the Allison-Richey
Gulf Coast Home Company Subdivision of Section 9, H.T.& B. Railroad Company
Survey, Abstarct No. 234, Brazoria County, Texas, according to the plat recorded in
Volume 2, Page 24, of the Brazoria County Plat Records; this tract being a portion of
the Dan Keller, Trustee, et al, call 9.977 acre tract (Volume 1748, Page 448,
Brazoria County Deed Records).
GENERAL LOCATION: 7201 Broadway St, Pearland, TX
Following staff presentation, there was discussion regarding whether or not the proposed
use is of a pawn shop was appropriate for this location. Commissioners also questioned
whether other uses allowed in the GC zone would be desirable for this specific location.
They also questioned whether they should be so focused on the use or just zone the land.
Following this presentation, Vice Chairperson Linda Cowels made a motion to approve the
zone change. The motion was seconded by Commissioner Mary Starr. The vote was 0-6
and the motion failed.
Sincerely,
Ian Clowes, Planner II
On behalf of the Planning and Zoning Commission