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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 �� _--` WHOLESALE GROCERS �--- \ ` � � ' /~ 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. \ •., \ , i 1 _ 1 , ,' 1 t-- - i \ \ , k 4, \ ' \ '‘ \ ‘ ) It li ; \ \ 'S ‘... ; .*'''' it / ; k 1 I \ I \ t \ / i I. \ , 1 LWIONJWAY SS 1 . - – im —m t I ri \ .„,„ _..._. . .. . . t 11 1 g i , 1 1 I H= . 1 N. 1 1 1 s 1 , i k I ..i „,. ,,.„. I , ' Vicinity Map - Peat-land, TX o'4r4. ott, lisrt1/4-4 ./ 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 To see all the details that are visible on the screen,use the"Print"link next to the map. G0040 vele ,,. Kai r . - .„: - ..,...,:oi ',;:,..,,,,,'., , ,t „1 ,.," x a., .:,.„.„...,,„..,. p. +,,,:w4„,,,;'''','„:,4441':4,4,„ ' wa w � 1 ,R C ,,,,.,,,„4. ,r.,,,,,,,,..... -,, ,.n 1{W i,e magery' 20i https://www.i;oogle.corn/maps?q=7 201+BROADWAY+ST,+PEARLAND,+TX+77581&i... 3/26/2013 • 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 1 a W T CO ca N a � � a) w o om � a rA M ++ no cpo ca = � .� rn E ru Z 8_.•= o CD l Ri m3ca o — o c (V) N 7 Z W r X r C ti c 2 as_c -C V3^ C C T — Q * e iii 1t 0 N C Z —• > i...+ i O N N 0 O N O �' �� a C 0 CO .c 0 c a - U C O / r C r -0L ° c oc On — �N N N T0 — as i C V O F— E 42 = CO O i i '; 1 PIPER RD 1 , I 1 _ \ ' . 4 sz ', , \ �l iy -- , MA NVEL RD O ; Q \O o Q , O m tv ---- -- .N 1 � co ' m , ,- WESTCHESTER CIR MAX RD I 1 i I / A , iiiii-T------T-i 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