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Ord. 2014CUP-10 2015-02-23Ordinance No. CUP 2014-10 An ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow an Auto Wash (Full Service/Detail Shop), for certain property, being a 2.3312 acre (101.546 SQ.FT.) tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company subdivision of the H.T. & B.R.R. Company survey, section no. 81, abstract no. 200, Brazoria county, Texas, according to the plat of said subdivision recorded in volume 2, page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 sq. ft.) tract of land conveyed to the city of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R.; said 2.3312 acre tract being more particularly described by metes and bounds as follows, bearings are based more particularly described by metes and bounds as follows, bearings are based on the Texas State Plan coordinate system (South Central Zone NAD82), (generally located on t he east side of Business Center Drive; west side of State Highway 288; and just south of Pearland Town Center), Conditional Use Permit Application No 2014-10, within the BP 288 zoning district; at the request of Stone Development Group, applicant; on behalf of Baath Investments LLC, owner; containing a savings clause, a severability clause and an effective date and other provisions related to the subject. WHEREAS, Stone Development Group, applicant; on behalf of Baath Investments LLC, owner; is requesting approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Full Service/Detail Shop) on approximately 2.33 acres of land on the following described property; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit "A," and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 5th day of January 2015, 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 5th day of January 2015, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit to allow an Auto Wash (Full Service/Detail Shop) on approximately 2.33 acres of a land, 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 meetings on the 23rd day of February 2015 and the 9th day of March 2015; 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 Stone Development Group, applicant; on behalf of Baath Investments LLC, owner; for approval of a Conditional Use Permit on approximately 2.33 acres of land to allow for an Auto Wash (Full Service/Detail Shop); 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 being located within the Business Park 288 (BP -288) zoning district, is hereby granted a Conditional Use Permit to allow an Auto Wash (Full Service/Detail Shop), subject to all requirements of the BP -288 zoning district and the site plan attached hereto and made a part hereof for all purposes as Exhibit "E", 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 10 Ord. No CUP 2014-10 LEGAL DESCRIPTION: Being a 2.3312 acre (101.546 SQ.FT.) tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company subdivision of the H.T. & B.R.R. Company survey, section no. 81, abstract no. 200, Brazoria county, Texas, according to the plat of said subdivision recorded in volume 2, page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 sq. ft.) tract of land conveyed to the city of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R.; said 2.3312 acre tract being more particularly described by metes and bounds as follows, bearings are based more particularly described by metes and bounds as follows, bearings are based on the Texas State Plan coordinate system (South Central Zone NAD82) GENERAL LOCATION: East side of Business Center Drive; west side of State Highway 288; and just south of Pearland Town Center 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 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 benefit of the City. Page 3 of 10 Ord. No CUP 2014-10 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 23rd day of February, 2015. ATTEST: TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day of March 2015. ♦`0,\111111,,,,. YO 4 G LOR CI SECR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ... ,''/111111\\\\``: TOM REID MAYOR Page 4 of 10 Ord. No CUP 2014-10 Ordinance No. CUP 2014-10 Exhibit "A" Exhibit A Legal Description Being a 2.3312 acre (101.546 SQ.FT.) tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company subdivision of the H.T. & B.R.R. Company survey, section no. 81, abstract no. 200, Brazoria county, Texas, according to the plat of said subdivision recorded in volume 2, page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 sq. ft.) tract of land conveyed to the city of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R.; said 2.3312 acre tract being more particularly described by metes and bounds as follows, bearings are based more particularly described by metes and bounds as follows, bearings are based on the Texas State Plan coordinate system (South Central Zone NAD82), Pearland, Texas Page 5 of 10 Ord. No CUP 2014-10 Ordinance No. CUP 2014-10 Exhibit "B" Exhibit B Vicinity Map ISHINE AUTO WASH AERIAL MAP CUP 2014-10 Tlu p.b..." W u/m►at bawd 1a1 nay MT Iwo Nes yrepred kr ar N nnal!e fee 1'a: ea(.rens(. x ee mug p.tpser 1: dere set "'roan as q^.!e Fomd.v.y awl Irrwean w1 "ee ant.o.ate re:aure feaatwat et "mem boss/ants 1 inch = 250 feet LAT:, YLAXP71G DLYA1TYLNT Page 6 of 10 Ord. No CUP 2014-10 Ordinance No. Clip 2014-10 Exhibit "C.. STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, a true copy of Which is hereto annexed was published in said newspapers in its issue(s) of December 18, 2014. Sworn to and subscribed before me this / 2M My commission expires on Publisher's Representative day of J4ritic/ ry/ , 14. Z.0 /.f /-/9 -2 /� .Po " e?:`�.LUCILLE GUERRA Fpr Puei� 1': ••° Notary Public, State of Texas ash, € My Commission Expires January 18, 2016 Legal Notices Legal Notices NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NO: CUP 2014-10 Notice is hereby given that on January 5, 2015 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, at the request of Stone Development Group, applicant; on behalf of YLT 288 Partners, owner; for approval of a Conditional Use Permit (CUP) to allow an Auto Wash within the Business Park -288 (BP -288) zoning district on approximately 2.33 acres of land, to wit: Being a 2.3312 acre (101,546 square feet) tract of land out of Tract 48 of the Allison -Richey Gulf Coast Home Company Subdivision of the H.T & B.R.R Company Survey, Section No. 81, Abstract No. 300, Brazoria County, Texas, according to the plat of said subdivision recorded in Volume 2, Page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 square feet) tract of land conveyed to the City of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R. General Location: East side of Business Center Drive and the west side of State Highway 288, Pearland, TX At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1765. Johnna Matthews City Planner Exhibit C Legal Ad NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NO: CUP 2014-10 Notice is hereby given that on January 5. 2015 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. at the request of Stone Development Group, applicant: on behalf of YLT 288 Partners, owner, for approval of a Conditional Use Permit (CUP) to allow an Auto Wash within the Business Parte-288 (BP -288) zoning district on approximately 2.33 acres of land, to wit Being a 2.3312 acre (101,546 square feet) tract of land out of Tract 48 of the Allison -Richey Gulf Coast Horne Company Subdivision of the H.T & B.R.R Company Survey, Section No. 81, Abstract No. 300, Brazoria County, Texas, according to the plat of said subdivision recorded in Volume 2, Page 98. of the plat records of Brazoria County. Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12.522 square feet) tract of land conveyed to the City of Pearland as described in deed filed under C F. No. 2012007393 B.C.D.R. General Location: East side of Business Center Drive and the west side of State Highway 288, Pearland, TX At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281652-1765. Johnna Matthews City Planner Page 7 of 10 Ord. No CUP 2014-10 Ordinance No. CUP 2014-10 Exhibit "D" Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission January 5, 2015 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Conditional Use Permit Application No. CUP 2014-10 Honorable Mayor and City Council Members: At their meeting on January 5, 2015, the Planning and Zoning Commission considered the following: A request of Stone Development Group, applicant; on behalf of Baath Investments LLC, owner; for approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Full Service/Detail Shop) on approximately 2.33 acres of land, to wit: Legal Description: Being a 2.3312 acre (101.546 SQ.FT.) tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company subdivision of the H.T. & B.R.R. Company survey, section no. 81, abstract no. 200, Brazoria county, Texas, according to the plat of said subdivision recorded in volume 2, page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 sq. ft.) tract of land conveyed to the city of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R.; said 2.3312 acre tract being more particularly described by metes and bounds as follows, bearings are based more particularly described by metes and bounds as follows, bearings are based on the Texas State Plan coordinate system (South Central Zone NAD82), Pearland, Texas General Location: East side of Business Center Drive; west side of State Highway 288; and just south of Pearland Town Center Page 8 of 10 Ord. No CUP 2014-10 Planning and Zoning Commission Vice Chairman Daniel Tunstall made a motion to recommend approval of the CUP, with conditions. The motion was seconded by Planning and Zoning Commissioner Elizabeth McLane. The motion passed 6/0. The Planning and Zoning Commission conditions are as follows: 1. Fifty percent (50) of the trees required along State Highway 288 must be located along the frontage/yard adjacent to State Highway 288. The above requirement is reflected on the site plan, illustrated as Exhibit E of the ordinance. 2. Development of the site must conform to all requirements of the BP -288 zoning district. Sincerely, Johnna Matthews City Planner On behalf of the Planning and Zoning Commission Page 9 of 10 Ord. No CUP 2014-10 w cti Ela Ea) wt/) 104'W Sas ow 7.+.�1.16 e M. w ..i .: r Wm', MN IMMO VON w IBA 201 71. Nod 34, felt ,,1+ to td-L` + 18 VACUUM BAYS « ♦ R DETAIL WAGING SPACES n► r ISHINE CARWASH TAO -STORY 7237 SF ;Mai— 410' s 1'- -- ' Proposed St* PIan 2 33 Total Acres iShine Carwash Hwy 288 & County Rd 59 Pearand, TX N SCALE. 1' =40' 02,00.13 O O N— o y— 1 . O O N N d rnD 0_U d 0 z 0 JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, JANUARY 5, 2015, AT 6:30 P.M. COUNCIL CHAMBERS - CITY HALL -3519 LIBERTY DRIVE I. CALL TO ORDER II. PURPOSE OF HEARING Conditional Use Permit Application No. 2014-10 A request of Stone Development Group, applicant; on behalf of Baath Investments LLC, owner; for approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Full Service/Detail Shop) on approximately 2.33 acres of land on the following described property: Legal Description: Being a 2.3312 acre (101.546 SQ.FT.) tract of land out of tract 48 of the Allison -Richey Gulf Coast Home Company subdivision of the H.T. & B.R.R. Company survey, section no. 81, abstract no. 200, Brazoria county, Texas, according to the plat of said subdivision recorded in volume 2, page 98, of the plat records of Brazoria County, Texas, being out a called 2.615 acre tract save and except 0.2875 acre (12,522 sq. ft.) tract of land conveyed to the city of Pearland as described in deed filed under C.F. No. 2012007393 B.C.D.R.; said 2.3312 acre tract being more particularly described by metes and bounds as follows, bearings are based more particularly described by metes and bounds as follows, bearings are based on the Texas State Plan coordinate system (South Central Zone NAD82); General Location: East side of Business Center Drive; west side of State Highway 288; and just south of Pearland Town Center III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION C. STAFF WRAP UP IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION Page 1 of 2 — 1/5/2015 VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Proposal Memo To: City Council and Planning and Zoning Commission From: Planning Department Date: December 22, 2014 Re: Conditional Use Permit Application No. 2014-10 A request of Stone Development Group, applicant; on behalf of Baath Investments LLC, owner; for approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Full Service/Detail Shop) within the Business Park 288 (BP -288) zoning district, on approximately 2.33 acres of land. The subject property includes approximately 2.33 acres, of which the applicant is requesting approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Full Service/Detail Shop). According to the applicant's letter of intent, the facility, iShine Auto Wash Express & Detail, will include a 7,220 square foot building, which will incorporate several environmentally conscious, resource saving ideas. The car wash will provide employees on the premise to ensure that the wash tunnel runs at top efficiency and to ensure expectations of the "customer's experience" are met with every wash. There will be vacuum towers on site for customers to vacuum their vehicles. Public Notification/Comment Staff sent public notices, comment forms and a vicinity map to the applicant, owner of the property and to property owners within 200 feet of the site. Additionally, a legal notice of public hearing was published in the local newspaper, and a notification sign was placed on the property by the applicant. As of the date of this writing, staff has not received any returned notices from property owners within 200 feet of the site in favor or in opposition to the request. Recommendation Staff recommends approval of CUP 2014-10 to allow for an Auto Wash (Full Service/Detail Shop) on the approximately 2.33 acre site, following the reasons: 11 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE 1. The property is located within the Business Park -288 (BP -288) zoning district. An "Auto Wash/Full Service Detail" shop is permitted, with approval of a Conditional Use Permit. 2. The proposed Auto Wash (Self Service) will not significantly impact surrounding properties or developments. 3. With approval of the Conditional Use Permit, the proposed Auto Wash will comply with the Business Park future land use designation of the Comprehensive Plan. 4. The proposed development will require platting of the site. Platting will ensure that infrastructure is adequate to serve the proposed development and that access complies with the City's Engineering Design Criteria Manual. Conditions of Approval Fifty percent (50) of the trees required along State Highway 288 must be located along the frontage/yard adjacent to State Highway 288. It does not appear that this requirement is shown on the site plan. 2. Development of the site must conform to all requirements of the BP -288 zoning district. Exhibits 1. Staff Report 2. Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Notification Map 6. Notification List 7. Site Plan 8. Applicant Packet 21 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Summary of Request Exhibit 1 Staff Report The subject property includes approximately 2.3 acres, of which the applicant is requesting approval of a Conditional Use Permit (CUP) to allow for an Auto Wash (Full Service/Detail Shop). According to the applicant's letter of intent. the facility, iShine Auto Wash Express & Detail, will include a 7,220 square foot building, which will incorporate several environmentally conscious, resource saving ideas including rainwater reclamation system, fiberglass reinforced concrete to cut down on steel production, energy saving designs throughout the facility to cut down on energy usage and lighting costs, upgraded fixtures to cut down on wasteful energy usage, recycling, and solar panel installation. iShine Auto Wash Express and Detail will implement the most up-to-date tunnel wash technology available. The car wash will provide employees on the premise to ensure that the wash tunnel runs at top efficiency and to ensure expectations of the "customer's experience" are met with every wash. There will also be vacuum towers on site for customers to vacuum their vehicles. Site History The subject property is currently undeveloped. The property was annexed into the City of Pearland in 1996. Prior to the adoption of the Unified Development Code in 2006, the property was dually zoned Suburban Development Residential District (SD) and Low Density Single Family (R-1). In 2006 the Business Park -288 zoning district was created and applied to the subject property. With the exception of the undeveloped BP -288 parcel to the west, cited to be developed with a Convalescent/Nursing Home, the site is surrounded by undeveloped properties located within non-residential zoning districts and/or non-residential/ mixed use Planned Developments (PDs). Directly north and south of the site are undeveloped tracts located within the Business Park 288 (BP -288) zoning district. Further north is the Pearland Town Center PD; a mixed use PD. Further south of the site is properties 11 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE located within the Business Center Drive PD; a non-residential PD. Directly east of the site is State Highway 288. The below table identifies surrounding uses and zoning districts: Conformance with the Unified Development Code The property is located within the Business Park — 288 (BP -288) zoning district, which is intended to permit large office complexes/campuses and retail development in locations with good visibility and roadway access. The BP -288 zoning district also permits uses (such as the proposed Auto Wash - Full Service/Detail Shop) with approval of a CUP, which may be suitable in certain locations and/or with certain conditions. The site plan submitted for consideration depicts a single lot on 2.33 acres, associated parking spaces and landscaping with approximately 10,000 square feet proposed for detention. The detention area includes a number of trees on the west and east sides of the detention area. The Auto Wash will meet the requirements of the BP -288 zoning district as it relates to the area regulations. The required and proposed lot area are listed below: BP -288 Requirement Subject Property Minimum Lot Size 43,560 sf. (1 acre) 2.33 Acres Minimum Lot Width Minimum Lot Depth 150 ft. 247 ft. 3 in. 200 ft. 410 ft. 9 in. The applicant proposes 10,000 square feet of on-site detention located on the eastern boundary of the site as required by the UDC and the Engineering Design Criteria Manual. The BP -288 zoning district requires detention facilities to be incorporated as an amenity, such as a lake or pond. Other amenities for detention facilities include 21 Page Zoning Land Use North Business Park 288 (BP -288) Undeveloped South Business Park 288 (BP -288) Undeveloped East State Highway 288 State Highway 288 West Business Park 288 (BP -288) Undeveloped, Future Development of a Nursing/Convalescent Home Conformance with the Unified Development Code The property is located within the Business Park — 288 (BP -288) zoning district, which is intended to permit large office complexes/campuses and retail development in locations with good visibility and roadway access. The BP -288 zoning district also permits uses (such as the proposed Auto Wash - Full Service/Detail Shop) with approval of a CUP, which may be suitable in certain locations and/or with certain conditions. The site plan submitted for consideration depicts a single lot on 2.33 acres, associated parking spaces and landscaping with approximately 10,000 square feet proposed for detention. The detention area includes a number of trees on the west and east sides of the detention area. The Auto Wash will meet the requirements of the BP -288 zoning district as it relates to the area regulations. The required and proposed lot area are listed below: BP -288 Requirement Subject Property Minimum Lot Size 43,560 sf. (1 acre) 2.33 Acres Minimum Lot Width Minimum Lot Depth 150 ft. 247 ft. 3 in. 200 ft. 410 ft. 9 in. The applicant proposes 10,000 square feet of on-site detention located on the eastern boundary of the site as required by the UDC and the Engineering Design Criteria Manual. The BP -288 zoning district requires detention facilities to be incorporated as an amenity, such as a lake or pond. Other amenities for detention facilities include 21 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE aesthetic or other characteristics that increase its visual desirability, including recreational facilities, landscaping or large trees. Conformance with the Comprehensive Plan The subject property is located within the Business Park Future Land Use designation. According to the Comprehensive Plan, the area is generally encompassing of the SH 288 corridor and portions of Beltway 8 nearest SH 288. The Comprehensive Plan indicates a mixed use area developed in coordinated, master -planned campus -like settings with interdependent and complimentary uses. Preferred uses include office buildings of various heights, regional shopping centers and malls, research and development facilities and light manufacturing. With approval of the CUP, the proposed development will be in compliance with, and meets the intent of the Business Park Future Land Use designation; and will continue to provide for a mix of uses that are planned or developed for the area. The location of the property lends itself for a mix of non-residential uses, as indicated by the Comprehensive Plan. Conformance with the Thoroughfare Plan The property has frontage on Business Center Drive; a secondary thoroughfare of sufficient width, which requires 100 feet of right-of-way. Platting Status The subject property is not platted. Platting will be required prior to development and the issuance of building permits. The site plan illustrates a curb cut and access from the property to the north. Ingress, egress and connectivity will be analyzed at the time of platting in accordance with the City's Engineering Design Criteria Manual. Availability of Utilities The subject property has access to public infrastructure. According to Public Works, there is an existing 12 inch water line along the west side of Business Center Drive. Additionally, there is an existing 8 inch sanitary sewer line along the east side of Business Center Drive. The developer will be responsible for extending services to the site, if deemed necessary, and will be determined at the time of platting. Impact on Existing and Future Development The subject property is surrounded by commercial uses and/or zoning districts on three sides, most of which has yet to be developed; however, some developments are planned within the area, including various non-residential uses located within the Business Park PD, just west of the subject property, including a Nursing/Convalescent Home. State Highway 288 is located to the east of the property, which will be separated via a 64 -foot wide detention pond, which will provide a sufficient buffer between the 31 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE thoroughfare and the rear of the Auto wash. Therefore, there should be no adverse impacts. Additional Comments The request has been reviewed by the City's Development Review Committee (DRC), and there were no additional comments from other departments at the time of this report. Public Notification Staff sent public notices, comment forms and a vicinity map to the applicant, the owner of the property and to property owners within 200 feet of the subject property under consideration for the CUP. Additionally, a legal notice of the 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 As of the date of this writing, staff has not received any comments either in opposition to or in support of the proposed CUP to allow an Auto Wash (Full Service/Detail Shop). Recommendation Staff recommends approval of the CUP 2014-10 to allow for an Auto Wash (Full Service/Detail Shop) on the approximately 2.33 acre site, following reasons: The property is located within the Business Park -288 (BP -288) zoning district. An "Auto Wash/Full Service Detail" shop is permitted, with approval of a Conditional Use Permit. 2. The proposed Auto Wash (Self Service) will not significantly impact surrounding properties or developments. 3. With approval of the Conditional Use Permit, the proposed Auto Wash will comply with the Business Park future land use designation of the Comprehensive Plan. 4. The proposed development will require platting of the site. Platting will ensure that infrastructure is adequate to serve the proposed development and that access complies with the City's Engineering Design Criteria Manual. 41 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Conditions of Approval 1. Fifty percent (50) of the trees required along State Highway 288 must be located along the frontage/yard adjacent to State Highway 288. It does not appear that this requirement is shown on the site plan. 2. Development of the site must conform to all requirements of the BP -288 zoning district. SIPage ISHINE AUTO WASH AERIAL MAP CUP 2014-10 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 oration of property boundaries 1 inch = 250 feet 22 MAY 2014 PLANNING DEPARTMENT 2o� 1120 1124 V 11201 11202 1204 11201 3401 3403 3405 3407 3409 11102 111 razoria ;11101 11102 11101 3501 j 3503 I, 3606 3506 3507 3508 3509 3610i, 3511 10\3511 1 PUD 0 0 1— u. co co 10 3513 1102' 11103 ISHINE AUTO WASH ZONING MAP CUP 2014-10 11us product is for informat tonal purls.... and nut) not hnve been prepared for ur lie amiable for legal engineerma or surveying pugane. It iloon na repnrn.ml an on•the.gnaand .un, and mpn.enix only the approximate relator fcatton t(propenx Iawrdane. 1 inch = 333 feet 22 MAY 2014 I'I.ANNING DEPARTMENT co c z mcn z m 0 Brazoria : usiness Park U) co co z N s.N tp co T z 0 z ISHINE AUTO WASH FLUP MAP CUP 2014-10 This product is for informational porouses and may not have been prepared fir or be suitable for legalenitmeenna. or surveying pugaaes 11 Asa not represent an im•the•ground survey and represents only the approximate relative location of [import). boundaries 1 inch = 250 feet 22 bl.0 2011 PLAN NI Nil DEPARTMENT co c z m C/) CJ) C) _ co co rn N Brazoria 2902 to N 00 co z N l 0 cn 1— 1 Z N LL p co 1 to co T N 2 (/) 0 Z ISHINE AUTO WASH NOTIFICATION MAP CUP 2014-10 'nu, prtslari i. Ger utftrmatumal purlwees and may nil have been prepared for ur be suitable for Itytnl. en1u040•n11g 0r .urveym¢ purposes. It tray 001 nyren nt nn t n•lhe•Kmmnd survey and represents tmh the nppru<tmate relative location i pnrymrty baundanes 1 inch = 250 feet 22 MAY 2014 PLANNING DEPARTMENT CUP 2014-10 NOTIFICATION LIST PROPERTY OWNER ADDRESS SUITE YLT 288 Partners 5855 Sovereign Dr. STE. B Stone Development Group 1066 Marty Dr. Virani Ahmadali 2814 Acorn Wood Wy. Fishman George & Mary 3406 Hampshire St. Parkside 59/288 LTD %Joe Moody- Parkside Capital Investments 3003 W Alabama St. Gold Star Development % William Yeh 6229 Richmond Ave. CITY STATE ZIP Houston TX 77036-2337 Hudson WI 54016 Houston TX 77059-5808 Pearland TX 77581-4829 Houston TX 77098-2001 Houston TX 77057-6211 BUSINESS CENTER DR 1W. Data Zoning: BP 288 Building Use: Car wash Building Aro.: 7.220 sr Min Lot Dimensions Req Pror From Setback 25 h 28 it Rear Setback 20 h 23 rt Sde SeBieck 20 It 77 h wroth 150 5 247 5 D.Ptn 200 h 410 5 Area 1 alas 233 aa.. Parting Reg Pros 1 ea. 200 pots 37 37 42 p•guIrments 20M� Zoning: BP 288 Total Lamp Sorg Hwy 2111: 248 LF parking Memos: 42 Prov Front Yard Amo; 11,501 s1 Largo 813034—nes along Hwy 288 (5O% Bag Prov Ras In From Yard) 1•par 110)L5 (13)2' 114)2' Omaroentel Tress along Hwy 2118 (50% Rap in Rap Prov Proal Yard) 1- per (151 if (9)2" 110( 2 - Parking Lot Tinea Rest Nov 1•pr.(5I Fara )512- 1912' Front Yard Landscape Rim Prov 155 or From ram 1.725 00 2.425 alt o 40. y 42 PARKING SPACES e t N N % L_.—mow:_—:____. AI` it IOW4� ..,... .a . .atlpar•F �a.11r.� — r•� s-1t� iF imustiminwwmmvamatvL www..., ♦e 18 VACUUM BAYS y. 8 DETAIL STAGING SPACES - Oak I SHINE CARWASH 'TWO-STORY 7.220 SF 04' 8 fit —24' ,/ir. �/. qk ISOt ,'t ' � 1 410'-9" G •�� at •f. 10,000 SF RETENTION POND 288 FREEWAY Proposed Site Plan 2.33 Total Acres iShine Carwash Hwy 288 & County Rd 59 Pearland, TX N 0 40' SCALED 1. = 40' 12.04.14 North Elevation Ifzumrcc^s:t. East Elevation Proposed Elevations iShine Carwash Hwy 288 & County Rd 59 Pearland, TX 12.04.14 South Elevation I J West/Front Elevation Proposed Elevations iShine Carwash Hwy 288 & County Rd 59 Pearland, TX 12.04.14 CUP APPLICATION Page 1 cf 6 (Updated June 2010) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland com LICATION FOR ONDITIONAL USE PERMIT (CUP) Conditional Use Permit Request for: AUTO 1,vA 511 F- x P ASS "i- D CTA )L (list proposed use from the Table of Uses of the UDC) Current Zoning District: GP - Property P -Property Information: Address or General Location of Property: A S i j 1 6 v5 ; ,t/L SS C iV i EX' 3 -VV./ SGv i11 OF llEAleL,1 NI) TdoQA, C 6 iv 7-6 Tax Account No. 0 3 00 — tJ C Z) — 1 2- 0 Subdivision: A0300 if T `f-ga,'% % 4C Lot: Block: A complete application must include all information Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME ADDRESS 1-'),C 41) 5ovFREICR p�, STc I CITY N,,°VS rc; N STATE ! X ZIP -/7036. PHONE( 2S/) 7 G - tit/5 FAX( 21I ) 7$3 ttg E-MAIL ADDRESSPW /AN & •TDCKA&H 1 % EGTS • avvr shown on the APPLICANT/AGENT INFORMATION: NAME STOAh1 P L/ • LOt M.N I 6--)e(}uP ADDRESS lo 66 /0 itke PI HIE? CITY /f t l?SON STATE Iv i ZIP S ii () / i PHONE( 715 I —���j FAX( 6`.7I ) L(3j.- 074 LQ E-MAILADDRESS:.1 ST6h'�.STOVE I) EyCat/mt./0 4,c\%/'. Co 4f '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: // j116 Agent's/ Applicant's Signature: OFFICE USE ONLY: FEES,o0 PAID' Date: ///3,ZO/¢ DATE PAID: IN / e1 -1 RECEI BY: RECEIPT u NUMBER: 1 w 4-1 Application No. Gu,' aaiy - (v CUP APPLICATION Page 2 of 6 (Updated June 2010) APPLICATION CHECKLIST FOR THE FOLLOWING Conditional Use Permits (CUP) Lpplication, filled out completely, and signed by the owner of the property to be considered for the conditional use permit. R'rf the applicant is the designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on his behalf. Section 1.2.1.1 (a) of the Unified Development Code. jietes and Bounds Description, (Survey, or a Plat of the property that contain the metes and bounds description). Rarcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. Htter of Intent, explaining the conditional use permit request in detail, specifying proposed uses, specific operations of the use, square footage of buildings, unique characteristics of the property, and any other necessary information ❑ Application fee of $250.00, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) Site Plan or Plot Plan showing the proposed layout of the subject property, including any proposed buildings, parking, landscaped areas, detention ponds, fences, and any other relevant information (acknowledgement of the sign to be posted on the property 10 days prior to the public hearing [Provide evidence or proof that all taxes and obligations have been paid regarding the subject property. (Application packets that are not complete will not be accepted. When a completed application packet has been accepted and reviewed, additional information may be required by staff as a result of the review, it may be necessary to postpone the proposed CUP/Zone Change and remove it from the scheduled agenda and place it on a future agenda date according to Section 1.2.1.2. of the Unified Development Code. CUP APPLICATION Page 5 of 6 (Updated June 2010) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City. (2) So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights-of-way abutting the property. (4) On the subject property at least ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: • A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet • At least 2 feet above the ground • Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white background • Message content as follows: PROPOSED (SPECIFY REQUEST) Contact City of Pearland 281-652-1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. 8/3/1.014- City of Pearland Buildino Permits 3519 Liberty Dr- Pearland. TX 77581 Telephone: 281-652-1638 *** SALES SLIP *** Goer: JCOTTER Type: OC Drawer: 1 Date: 11/13/14 01 Receipt no: 41041 Seo no. 3638175 Merch ID 1!: 0802 Cross refs: 781878 Card no: ************6742 Card type: MASTER CARD Auth code: 875356 Date: 11/12/14 Time: 13:21:18 Payment total: $258.86 CARDHOLDER ACKNOWLEDGES RECEIPT OF GOODS AND/GR SERVICES IN THE AMOUNT OF THE TOTAL SHOWN HEREON AND AGREES TO PERFORM THE OBLIGATIONS SET FORTH IN THE CARD- HOLDER'S AGREEMENT WITH THE ISSUER. Sienature: PICATc-A IATIT CUSTOMER COPY CITY OF PEARLAND *** CUSTOMER RECEIPT *** Ooer: JCOTTER Type: OC Drawer: 1 Date: 11/13/14 81 Receipt no: 41841 Description Quantity Amount BA BOARD OF ADJUSTMENTS Trans number: 1.88 8250.00 4653556 CUP - MR UPCAR S BAATH E BUSINESS CENTER DRIVE S PEARLAND TOWN CENTER STONE DEVELOPMENT GRP YLT 288 PARTNERS Tender detail BR CREDIT CARD Total tendered Total payment 8258.88 8258.08 8258.88 Trans date: 11/12/14 Time: 13:21:18 Nov 3, 2014 Lata Krishnarao, Director Community Development Department 3523 Liberty Drive Pearland, TX 77581 RE: iShine Auto Wash Express & Detail CUP — Business Center Drive Dear Lata, On behalf of our client Baath Investments LLC, we, Stone Development Group, are submitting an application for a Conditional Use Permit for the above referenced property located on Business Center Drive. The intent of the Conditional Use Permit is to allow development of a iShine Auto Wash Express & Detail that will offer high quality car wash to customers. The facility will be developed and managed by Baath Investments, a company with vast experience in different real estate ventures. Upkar and Ruby Baath, who will be managing this property are also the owners of Kids 'R' Kids in Shadow Creek Ranch. This will be state of the art, approximately 7000 sq ft building. A consistent high-quality "wash experience" will be a top priority in running the business. To achieve this high quality wash experience we will implement the latest most up-to-date tunnel wash technology available. However, attentive and customer friendly employees are needed to make certain the wash tunnel runs at top efficiency and to ensure expectations of the "customer's experience" are met with every wash. Furthermore, as a company, we want our customers to know that we are environmentally conscience. In the spirit of "green" design and engineering we have incorporated several resource saving ideas into our building. The following green initiatives have been reviewed and approved for the SBA Green Initiative Program by Harry Leach (Capital CDC/SBA): • All rain water from the building is captured and funneled into our water reclaim system. With a normal amount of rainfall we will consume less than 5% new domestic water. • All concrete is fiberglass filled and reinforced to cut down on the amount of steel needed to complete the site work and building pad. • All steel on site is made from a minimum of 80% post -consumer recycled material. This includes the structural steel, re -bar, studs, shade structure and conveyor equipment within the tunnels. • We have installed an air make-up unit in the detail bays to ensure indoor air quality is acceptable to our employees and customers. • The facility was designed to run on 480V power versus 208V power. This will reduce the energy costs by allow less current to be used for the same power requirements. Also, due to lower currents, we can use less material in the overall wiring of the facility (saving material and generating less waste). • Skylights and glass/glazing were used extensively to promote natural light usage versus solely electrically lighting the tunnels. This cuts down on the electrical needs of the facility while enhancing our customer's experience. • Modified all light fixtures to be T8 (Electronic ballast) versus the standard T12 (magnetic ballast). T8 electronic fixtures save over 40% in annual energy costs • Modified all exterior lights to LED, high -efficiency lights • We use 90% or better efficiency units for our HVAC systems. So, for every $100 spent on energy for these units, the unit will save roughly $16. • We use 90% or better efficiency water heaters. • When applicable, we will work with other local developers to haul in or truck out the spoils from local sites to ensure that the materials are not being shipped out to a disposal or holding facility. • We also recycle the scrap that is generated at the construction site. Including, concrete, asphalt, rock, brick/masonry, tile/porcelain and all metal. • All windows and glass are coated to cut down on the radiative heat flow. This reduces the heat loss while allowing the space to be heated by solar energy. • Solar panel installation will produce nearly 15% of the energy usage for the entire site. We have submitted a preliminary site plan showing detention along Hwy 288. Detention will follow BP - 288 regulations as far being an amenity. In addition to the elements listed above, the site will provide landscaping and parking that meet the City of Pearland regulations. We are requesting this application to be reviewed at Dec 15, 2014 Joint Public Hearing. Please contact me if any further information is necessary. Nov 3, 2014 Lata Krishnarao, Director Community Development Department 3523 Liberty Drive Pearland, TX 77581 RE: 2.3312 acre YLT 288 Partners Tract-iShine Auto Wash Express & Detail Dear Lata, On behalf of our client Baath Investments LLC, we, Stone Development Group, are submitting an application for a Conditional Use Permit for the above referenced property located on Business Center Drive. Enclosed you will find. • City of Pearland CUP Application • Owner Authorization letter • Survey of property • Metes and Bounds Description • City of Pearland Zoning Map with Property Boundary • Letter of Intent • Application Fee (Check# ) • One (1) copy of site plan • Acknowledgement of Sign to be posted 10 days prior to Public Hearing • Tax Certificate We are requesting this application to be reviewed at Dec 15, 2014 Joint Public Hearing. Please contact me if any further information is necessary. Nov 1, 2014 Lata Krishnarao, Director Community Development Department 3523 Liberty Drive Pearland, TX 77581 RE: Conditional use Permit -Owner Authorization Dear Lata, I, Dai Wei Tan, General partner of YLT 288 Partners, am the owner of the 2.3312 acres of property, located east of Business Center Drive, just south of Pearland Town Center. I authorize Baath Investments LLC and Stone Development Group to be the applicant and agent for the requested Conditional Use Permit for an Auto Wash Express & Detail for the subject tract. Sincerely, Dai Wei Tan General Partner YLT 288 Partners PAGE 1 OF 4 FEE $87.92 TAX CERTIFICATE DATA TRACE 10920 W. SAM HOUSTON PKWY N. SUITE 400 HOUSTON, TX. 77064 PHONE (281)890-0381 FAX (281)890-2114 REMIT CERT FEE TO: DATATRACE P.O. BOX 731206 DALLAS, TX 75373-1206 OUST: OLD REPUBLIC TITLE OF HOUSTON ORDER: 14005600 CLOSER: HA BRANCH: AD ORDER TYPE: A SUBTYPE: R DATE: 10/22/2014 CAD ACCOUNT NUMBER SUMMARY 0300-0021-120 SUMMARY OF ALL ACCOUNT(S) SUMMARY OF CURRENT YEAR TAX YEAR BASE TAX SUMMARY OF ALL TAXES DUE DUE 10/14 DUE 11/14 BRAZORIA CO/PAY TO: RO'VI CITY OF PEARLAND ISD - ALVIN BC DRAINAGE DIST #4 ALVIN COMMUNITY COLLEGE PEARLAND MUNICPAL MGMT DI TOTAL TAX 2013 2013 2013 2013 2013 2013 498.86 714.90 1,347.57 158.17 202.53 101.39 3,023.42 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ******-*** COMMENTS *`******** CAUTION ********** READ BEFORE CLOSING ********** COMMENT BRAZORIA CO/PAY TO: ROVIN CITY OF PEARLAND ISD - ALVIN BC DRAINAGE DIST #4 ALVIN COMMUNITY COLLEGE PEARLAND MUNICPAL MGMT DIS - REQUESTED 2.331 AC - REPORTED 2.327 AC - RATE INCLUDES COUNTY(.368480) ROAD/BRIDGE(.056480) MOSQUITO DISTRICT(.013540)ROAD/BRIDGE SPECIAL(.06) EXEMPTS: HS -20%; 065-100,000; DIS -100,000 EXEMPTS: HS-2.5%/5,000:065-40,000:DIS-40,000 - EXEMPTS: HS -15,000; OVER65-20,000; DIS -10,000 - EXEMPTS: HS -20%; 065-75,000; DIS-75,000BONDS APP ROVED:0; BONDS ISSUED: OBOND INFORMATION UPDATED 12-1-10 - EXEMPTS: HS -0, 065-75,000; DIS -75,000 - NEW FOR 2013 CAD# DESC ACREAGE SITUS MAIL 0300-0021-120 A0300 H T & B R R, TRACT 48, ACRES 2.3275 ABST/SUB ID A0300 2.327 BUSINESS CENTER DR CPL 5855 SOVEREIGN DR STE B HOUSTON TX 77036-2337 ASSESSED OWNER(S) YLT 288 PARTNERS ASSESSED AS LAND ONLY DEED CPL DR4 GBC JAL SAL PMD TR3/RSN 05-027226 2014 ASSESSED VALUES LAND IMPROVEMENT TOTAL VALUE 304,160 0 304,160 PAGE 2 OF 4 TAX CERTIFICATE REMIT CERT FEE TO: DATA TRACE DATATRACE 10920 W. SAM HOUSTON PKWY N. SUITE 400 P.O. BOX 731206 HOUSTON, TX. 77064 DALLAS, TX 75373-1206 PHONE (281)890-0381 FAX (281)890-2114 CUST: OLD REPUBLIC TITLE OF HOUSTON ORDER: 14005600 CLOSER: HA BRANCH: AD ORDER TYPE: A SUBTYPE: R DATE: 10/22/2014 TAX ENTITY INFORMATION BRAZORIA CO/PAY TO: RO'VIN GARRETT, RTA PAYMENTS AS OF 09/19/2014 111 E. LOCUST SUITE 100 ANGLETON, TX 77515-4682 PHONE 281-756-1320 EXEMPTIONS NONE YR BASE TAX BASE DUE 14 TAX RATE W/O EXEMPT 0.4985200 1,516.30 DUE 10/14 DUE 11/14 13 498.86 0.00 ***PAID 01/13/14 "*" SUBTOTAL 498.86 0.00 0.00 0.00 CITY OF PEARLAND PAYMENTS AS OF 09/19/2014 COLLECTED BY COUNTY PHONE 281-756-1320 EXEMPTIONS NONE YR BASE TAX BASE DUE 14 TAX RATE W/O EXEMPT 0.7121000 2,165.92 DUE 10/14 DUE 11/14 13 714.90 0.00 *** PAID 01/13/14 *** SUBTOTAL 714.90 0.00 0.00 0.00 ISD - ALVIN PAYMENTS AS OF 09/19/2014 COLLECTED BY COUNTY PHONE 281-756-1320 EXEMPTIONS NONE YR BASE TAX BASE DUE 14 TAX RATE W/O EXEMPT 1.4170000 4,309.95 DUE 10/14 DUE 11/14 13 1,347.57 0.00 *** PAID 01/13/14 *** SUBTOTAL 1,347.57 0.00 0.00 0.00 BC DRAINAGE DIST #4 PAYMENTS AS OF 09/19/2014 COLLECTED BY COUNTY PHONE 281-756-1320 EXEMPTIONS NONE YR BASE TAX BASE DUE 14 TAX RATE W/O EXEMPT 0.1560000 474.49 DUE 10/14 DUE 11/14 13 158.17 0.00 *** PAID 01/13/14 *** SUBTOTAL 158.17 0.00 0.00 0.00 ALVIN COMMUNITY COLLEGE PAYMENTS AS OF 09/19/2014 COLLECTED BY COUNTY PHONE 281-756-1320 EXEMPTIONS NONE YR BASE TAX BASE DUE 14 TAX RATE W/O EXEMPT 0.2040090 620.51 DUE 10/14 DUE 11/14 13 202.53 0.00 *** PAID 01/13/14 """ SUBTOTAL 202.53 0.00 0.00 0.00 PEARLAND MUNICPAL MGMT DISTRICT #2 PAYMENTS AS OF 09/19/2014 111 E. LOCUST SUITE 100 ANGLETON, TX 77515-4682 PHONE 281-756-1320 EXEMPTIONS NONE 14 TAX RATE W/O EXEMPT 0.1000000 304.16 YR BASE TAX BASE DUE DUE 10/14 DUE 11/14 13 101.39 0.00 *** PAID 01/13/14 *** SUBTOTAL 101.39 0.00 0.00 0.00 PAGE 3 OF 4 TAX CERTIFICATE REMIT CERT FEE TO: DATA TRACE DATATRACE 10920 W. SAM HOUSTON PKWY N. SUITE 400 P.O. BOX 731206 HOUSTON, TX. 77064 DALLAS, TX 75373-1206 PHONE (281)890-0381 FAX (281)890-2114 CUST: OLD REPUBLIC TITLE OF HOUSTON ORDER: 14005600 CLOSER: HA BRANCH: AD ORDER TYPE: A SUBTYPE: R DATE: 10/22/2014 CONDITIONS, DISCLAIMERS AND EXCLUSIONS This Tax Certificate/Tax Order Report does not constitute a report on or certification of. (1) mineral (productive and/or non-productive) taxes or leases; (2) personal property taxes; or (3) other non ad valorem taxes (such as paving liens, stand-by charges or maintenance assessments). Data Trace Information Services LLC ("Data Trace") may have warranted the accuracy of this Tax Certificate/Tax Order Report to its customer (the "Data Trace Customer") pursuant to the terms and conditions of a written tax service agreement between Data Trace and said Data Trace Customer (the "Tax Service Agreement"). Any such warranty (hereinafter, "Data Trace Customer Warranty") does not: (a) extend to a third party bearer of this Tax Certificate/Tax Order Report; (b) cover any changes made to the records of the taxing authority after the "payments as of," "paid," or "payment" dates delineated above; and (c) cover any invalid tax information shown on the records of the taxing authority or resulting from an error by the Data Trace Customer (including, without limitation, submission of incorrect property information by said Data Trace Customer). DATA TRACE MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THIS TAX CERTIFICATE/TAX ORDER REPORT OTHER THAN (WHERE APPLICABLE) THE DATA TRACE CUSTOMER WARRANTY. Any and at claims under a Data Trace Customer Warranty must be submitted to Data Trace by the corresponding Data Trace Customer and are subject to the terms and conditions set forth in the pertinent Tax Service Agreement (including, without limitation, the filing deadlines applicable to such claims). In some jurisdictions Data Trace's validation of a Tax Certificate/Tax Order Report is required to activate a Data Trace Customer Warranty. PRINTED BY HS7/HOT PAGE 4 OF 4 HOA CERTIFICATE REMIT CERT FEE TO: DATA TRACE DATATRACE 10920 W. SAM HOUSTON PKWY N. SUITE 400 P.O. BOX 731206 HOUSTON, TX. 77064 DALLAS, TX 75373-1206 PHONE (281)890-0381 FAX (281)890-2114 CUST: OLD REPUBLIC TITLE OF HOUSTON ORDER: 14005600 CLOSER: HA BRANCH: AD ORDER TYPE: A SUBTYPE: R DATE: 10/22/2014 SELLER YLT 288 PARTNERS BUYER BAATH INVESTMENTS LLC COUNTY BRAZORIA SUBDNAME /BLKA0300HT&BRR NO HOA FOUND FOR A0300 H T& B R R DESC SITUS *** OUR RESEARCH DOES NOT INDICATE THE EXISTENCE OF AN *** *** HOA. PLEASE VERIFY WITH YOUR TITLE REPORT. IF AN *** *** HOA IS KNOWN, PLEASE CONTACT YOUR TAX SERVICE *** SUMMARY OF ACCOUNT 0300-0021-120 A0300 H T & B R R, TRACT 48, ACRES 2.3275 ABST/SUB ID A0300 BUSINESS CENTER DR CPL CONDITIONS, DISCLAIMERS AND EXCLUSIONS This HOA Certificate does not constitute a report on or certification of (1) mineral (productive and/or non-productive) taxes or leases; (2) personal property taxes; or (3) other non ad valorem taxes (such as paving liens. stand-by charges or maintenance assessments). Data Trace Information Services LLC ("Data Trace") may have warranted the accuracy of this HOA Certificate to its customer (the "Data Trace Customer") pursuant to the terms and conditions of a written tax service agreement between Data Trace and said Data Trace Customer (the "Tax Service Agreement"). Any such warranty (hereinafter, "Data Trace Customer Warranty") does not: (a) extend to a third party bearer of this HOA Certificate; (b) cover any changes made to the records of the association or other assessment authority after the "payments as of," "paid," or "payment" dates delineated above; and (c) cover any invalid assessment information shown on the records of the association or other assessment authority authority or resulting from an error by the Data Trace Customer (including, without limitation, submission of incorrect property information by said Data Trace Customer). DATA TRACE MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THIS HOA CERTIFICATE OTHER THAN (WHERE APPLICABLE) THE DATA TRACE CUSTOMER WARRANTY. Any and all claims under a Data Trace Customer Warranty must be submitted to Data Trace by the corresponding Data Trace Customer and are subject to the terms and conditions set forth in the pertinent Tax Service Agreement (including, without limitation, the filing deadlines applicable to such claims). In some jurisdictions Data Trace's validation of a HOA Certificate is required to activate a Data Trace Customer Warranty. a 1 co, saw wv ons n••••3111111.r.01 1rw10Y mw 060 WV. 1•0•11.1.4Mt In 0 otL�•MAMMAp • atoms rim arm mturnissimo.,. /6 0701 ..,moaTaa0...•••• I. MY OM Lib• 1010,06•• ri....r,e On CC. LW OS JD S'•• i, nu-00aq 6.0n• Or. On Ste MO Pro1-10 0•1000 aft.. daft M.S. �;= ;•• �0;.�r:Tri ., 1•11 1.063 len. 440 a• 4103rn ,1., O :10,» «10: .00101 101 01 m 1.�SL" i.Sr rirr7w 06.10 m':o1 0.6.001001,0100 ,10,10.. . .w w r1 4 • 0610 rw. ON33 w wa•MY 1q,71"ps •;,4;•b-: C Meal ted Pa .m:.w aY./6.• tan M Mg.w10.7/.�r.O yoOWN u10,cW Y 000* 101 11•41.0• r rYOi�Y,P0M'1,.,S .rwwen ••r 1006®WM.0 Int =I. sl1 VIM -�' va,��.ti� I % I { 111 1 z l l l '� . 1011 1 •ybs 9YS'tol 1 1 illcuoo ZLqq ZZ o QNVI 1NV�VA I �. 1° ; 1 1 I II 1 y ,1010, 1010, II 1 NO O. Inc .e -.a 11 1 I III I o.-; - 11I�"'" I1 11 III LEGAL DESCRIPTION OF 2.3312 ACRE TRACT OF LAND BEING A 2.3312 ACRE (101.546 SQ FT.) TRACT OF LAND OUT OF TRACT 48 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE H.T. & B.R.R COMPANY SURVEY, SECTION NO. 81, ABSTRACT NO 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF BRAZORIA COUNTY. TEXAS, BEING OUT A CALLED 2.615 ACRE TRACT SAVE AND EXCEPT 0.2875 ACRE (12,522 SQ.FT.) TRACT OF LAND CONVEYED TO THE CITY OF PEARLAND AS DESCRIBED IN DEED FILED UNDER C F NO 2012007393 B.C.D.R.; SAID 2.3312 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (SOUTH CENTRAL ZONE NAD83); BEGINNING AT A Y: INCH IRON ROD FOUND IN THE EASTERLY RIGHT-OF-WAY LINE OF BUISNESS CENTER DR (100' WIDE) FROM WHICH THE COMMON CORNER OF TRACTS 37, 38, 47, AND 48 OF SAID GULF COAST CO. SUBDIVISION BEARS SOUTH 86 46' 48" EAST. 50.50 FEET SAID POINT BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 86' 44' 23" EAST, ALONG THE NORTHERLY LINE OF SAID TRACT 48, ALONG THE SOUTHERLY LINE OF SAID TRACT 47, A DISTANCE OF 410.77 FEET TO A ONE-HALF INCH IRON ROD FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 288 FREEWAY (420.00 FEET WIDE) FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, THENCE SOUTH 03' 15' 07" EAST. ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 288 AND THE EAST LINE OF SAID TRACT 48, A DISTANCE 247 28 FEET TO A ONE-HALF INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND: THENCE SOUTH 86' 45' 36 "WEST ALONGTHE SOUTHERLY LINE OF SAID TRACT 48 AND THE NORTHERLY LINE OF SAID TRACT 49, A TOTAL DISTANCE OF 410.77 FEET TO A 5/8 INCH IRON ROD WITH A&B CAP SET IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID BUISNESS CENTER DR. FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND,; THENCE NORTH 03' 15' 09" WEST, OVER AND ACROSS SAID TRACT 48, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID BUISNESS CENTER DR , A DISTANCE OF 247 14 FEET, TO THE POINT OF BEGINNING CONTAINING 2.3312 ACRES (101,546 SQ.FT) OF LAND. Robert J. Armitage Registered Professional Land Surveyor No.5685 A &B CONSULTANTS LLC 281-498-1248 414r$IDLr Tars product re for inlormstlonel purposes and may not have been prepared for or be weal* for legal. ensineenne, or eurveyiog purposes. It does nal reprosenl an onatio-gound eurvey and represents oody the approximete re4allve location of property boundaries. Scale 1:9,321 11n 693 ft November 03. 2014 NORTH BUSINESS CENTER DR SA* Data 2ottk.g: BP 2118 Builoklg Use: Car Wash Building Area: 7,22012 Min Lot (*motions Reg Prov Front Setback 25 (1 28II Re. Setback 20 8 2311 8100 Setback 20 8 27 It Width 1508 41011 0ptn 2008 24711 Area 1 acn 233 acres Parking Rag Prov 1Pe, ZOO MKS al 37 42 Landscape Regolrmenta Zoning: BP 288 Total Langth along Hwy 288: 248 LF Parking Spaces: 42 Prov Front Yard Area: 11,501 sf Large Shade Trois along Hwy 288 (50% Reg Prov Req In Front Yard) 1' 0.7(10)17 173)1" (14)2' Otnamantai Trees along Hwy 288 (50% Reg In Reg Prov Front Yard) 1' per (1S) Lr 1912' (10) 2' Parting Lot Trees Raq Prov I. Per (5) spaces (5) 2' (9) 2' Front Yard Landscape Req Prov 15% of Front Yard 1,725 d 2,425 s/ 4.1 • 27 -o'1 + t i .aUs . AI& co Alb. Al1kk 4g 1 LI LM�1>iE'rm '::'vmawee 1%i� %I 1. 42 PARKING SPACES `. 18 VACUUM BAYS -0 8 DETAIL STAGING SPACES �► eint to r40 tat • • . 9 10,000 SF RETENTION POND 410•-9" J• NOT FINAL, FOR REVIEW ONLY 288 FREEWAY Conceptual Site Plan 2.33 Total Acres iShine Carwash Hwy 288 & County Rd 59 Pearland, TX 0 40' SCALED 1' = 40' 10.23.14 Site Data - !one, BP 288 skndwp ths: car wash Building Ares: 7.220 s1 Mln Lot DNwrlsloes Req Prov Front Setback 258 2811 Roar Setback 201 23 8 Shea Setback 20 n 27 8 Web 1508 2474 Depth 2008 4108 Are. 1 acre 233 saes Parking Req Prov 1 per 200 emus/ 17 42 Landscape R.gwrm.nt. Zoning: 8P 288 Total Length Mona Hwy 288: 248 t F Packing 8paps: 42 Prov Front Yard Ates: 115010 Targe Shade Trots Mad Hwy as (sox R.q Prov Rag In Front Yard) 1'per IN) :f (1312' 114)2' Ornen...lal Trees along )4.y288 (50% Reg In Rag Prov Front Yard) 1' pe411511f 19)1' 110)2' P.rld g Lot Tress Reg Prov I' per ISI Dares 151 2' 19( 2' Front Yard Landscape Raq Prov 150 of rrarr Yard 1.72511 2,415 tf 104'-8" 42 PARKING SPACES 4.. 18 VACUUM BAYS mlo 8 DETAIL STAGING SPACES rit eV f►1 y�4 At • frep fro nee Csa —•-•--•--.----.--.--. .— `a__ —J 1 10,000 SF RETENTION POND 410' 9" 288 FREEWAY Proposed Site Plan 2.33 Total Acres iShine Carwash Hwy 288 & County Rd 59 Pearland, TX ® ®o SCALD 1' Is 40' N 12.04.14 North Elevation East Elevation Proposed Elevations iShine Carwash Hwy 288 & County Rd 59 Pearland, TX EfrAMMri 12.04.14 =1 South Elevation moo West/Front Elevation Proposed Elevations iShine Carwash Hwy 288 & County Rd 59 Pearland, TX 12.04.14 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, a true copy of Which is hereto annexed was published in said newspapers in its issue(s) of November 27, 2014. Publisher's Representative Sworn to and subscribed before me this i1/th day of >oer''''4rr , 2014. 4 .7. e.-1--/--16' 6-7.-Lek._ Notary Public My commission expires on /'—/9 20/ 1 .0'4',N LUCILLE GUERRA r�• n�Z Notary Public, State of Texas -,N,' •;? My Commission Expires `''''p:"•° January 18, 2016 'mun�" (- if 02o1Y -- iv NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 2014-10 Notice is hereby given that on December 15, 2014 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, at the request of Stone Development Group, applicant; on behalf of YLT 288 Partners, owners; for approval of a Conditional Use Permit within the Business Park 288 (BP-288) zoning district to allow an Auto Wash (Full Service/Detail Shop); on approximately 2.3312 acres of land, to wit: Being a 2.3312 acre(101,546 SQ. FT.)tract of land out of Tact 48 of the Allison- Richey Gulf Coast Home Company Subdivision of the H.T. & B.R.R. Company Survey, Section NO. 81, Abstract NO. 300, Brazoria County, Texas, according to the plat of said subdivision recorded in Volume 2, Page 98, of the plat records of Brazoria County,Texas, being out of a called 2.615 acre tract save and except 0.2875 acres(12,522 SQ. FT.)tract of land conveyed to the City of Pearland as described in deed filed under C.F. NO. 2012007393 B.C.D.R.; said 2.3312 acre tract being more particularly described by ' metes and bounds as follows, bearing are based on the Texas State Plane Coordinate System (South Central Zone NAD83) General Location: East side of Business Center Drive, west side of State Highway 288; and north of County Road 59, Pearland,TX At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning ' Department at 281-652-1765. Johnna Matthews City Planner Ik