JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE ...
Transcript of JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE ...
- 20/02/2017
JOINT PUBLIC HEARING
THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS,
MONDAY, FEBRUARY 20, 2017 | 6:30 PM
COUNCIL CHAMBERS-PEARLAND CITY HALL-3519 LIBERTY DRIVE
I. CALL TO ORDER
II. PURPOSE OF THE HEARING
1. Conditional Use Permit Application No. CUP 16-00015
A request of Ted Maier, applicant, on behalf of Musa Adi, owner; for approval of a Conditional Use Permit (CUP) to allow for an auto wash (self-service) in the General Commercial (GC) zoning district; on approximately 1.0672 acres of land.
Legal Description: Being a parcel of land containing 1.0672 acres (46,489 square feet) more or less out that certain 8.8726 acre tract conveyed by George E. Young to Milestone Propertied, Inc., as recorded in deed records Volume 1541, Page 648, Official Records of Brazoria County, Texas, said 1.0672 acres being in the W.D.C. Hall Survey, Abstract 70, Brazoria County, Texas.
General Location: 1524 E. Broadway Street, Pearland, TX.
III. APPLICATION INFORMATION AND CASE SUMMARY
A. STAFF REPORT B. APPLICANT PRESENTATION C. STAFF WRAP UP
IV. PERSONS WISHING TO SPEAK FOR OR AGINST THE PROPOSED REQUEST
V. COUNCIL/PLANNING COMMISSIONS/STAFF DISCUSSION
VI. ADJOURNMENT
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Staff Report
To: City Council and Planning and Zoning Commission
From: Planning Department
Date: February 20, 2017
Re: Conditional Use Permit Application No. CUP 16-00015
A request of Ted Maier, applicant, on behalf of Musa Adi, owner; for approval of a Conditional Use Permit (CUP) to allow for an auto wash (self-service) in the General Commercial (GC) zoning district; on approximately 1.0672 acres of land.
General Location: 1524 E. Broadway Street, Pearland, TX.
Summary of Request
This request is for approval of a Conditional Use Permit (CUP) to allow for redevelopment of an abandoned auto wash (self-service), located at the intersection of Dixie Farm Road and Broadway. The property also contains a gas station and a retail strip center. Recommendation
Staff recommends approval of the CUP for an auto wash (self-service) facility on the approximately 1.0672 acre site for the following reasons:
1. The proposed CUP is compatible with the established non-residential uses of thearea. The adjacent properties are commercial in nature and the proposed usecomplements the other businesses.
2. The application is for an existing building that does not require any additionalupgrades or alterations. Any alterations are negligible and will not have impactson the site or surrounding uses.
3. The applicant has already taken steps to install enhanced landscaping to screenthe auto-wash from Broadway Street.
Site History
The subject property was annexed into the City in 1960 and zoned Commercial(C). The subject property is currently developed as a gas station with an existing carwash structure and currently zoned GC. During the adoption of the UDC in 2006, the C zone was renamed to GC, so the property’s zoning has remained the same since annexation.
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The property is surrounded by a variety of retail uses including big box retailers, fast food restaurants, and service providers. The site is bounded by General Commercial (GC) to the west, south, and northeast; and General Business (GB) to the north. The following table identifies surrounding uses and zoning districts.
Zoning Land Use
North General Commercial (GC)
General Business (GB) Jack in the Box Raising Canes
South General Commercial (GC) Chic-fil-a
East General Commercial (GC) Walgreens Chase Bank
West General Commercial (GC) Murphy USA Bank of America Financial Center
Conformance with the Comprehensive Plan
The Future Land Use Plan proposes retail, office, and service uses for this site. The 2015 Pearland Comprehensive Plan states that neighborhood retail and service uses should be located at intersections of thoroughfares or collector streets or at the edge of logical neighborhood areas unless appropriately placed within a planned development. The proposed auto wash (self-service) facility is consistent with the proposed land use pattern for this area and is compatible with the existing businesses surrounding the site. Conformance with the Thoroughfare Plan
The subject property is located along Broadway Street. According to City records, Broadway Street is a Major Thoroughfare to be widened in the future. The right-of-way along Broadway Street is approximately 100 feet. The site is also located along Dixie Farm Road which is also a Major Thoroughfare. Major Thoroughfares are defined as having a minimum right-of-way(ROW) of 120 feet. The right-of-way along Dixie Farm Road is approximately 106 feet. Since the property is platted and no changes to lot configuration are proposed, additional ROW dedication is not required at this time. Conformance with the Unified Development Code
The property is currently developed. Most of the development meets the requirements of the UDC except for the screening and landscaping which is currently being installed. The lot requirements of the proposed GC District are provided in the following table.
General Commercial (GC) Area Regulations
Size of Lot Required Proposed
Minimum Lot Size 22,500 sq. ft. Approximately 46,492 sq. ft.
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Minimum Lot Width 150 ft. Approximately 225 ft.
Minimum Lot Depth 125 ft. Approximately 185 ft.
Platting Status
The subject property is currently platted as Lot 1 of Tara Exxon which was approved in 1996. Availability of Utilities
The subject property has access to City water and sanitary sewer infrastructure. A 16-inch water line exists along the southeast side of Dixie Farm Road. A 12-inch sanitary sewer line also runs along the northwest side of Dixie Far Road and along the south west border of the subject property. Impact on Existing and Future Development
The proposed CUP will not significantly impact surrounding properties or developments. Much of the area was developed in the mid-1980s. The existing structure housed a car wash but was abandoned. Reusing the existing structure for an auto wash (self-service) is appropriate development for this site because of the complimentary nature of the use and compatibility with the adjacent commercial uses. Additional Comments
The City’s Development Review Committee (DRC) has reviewed this request, 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 zone change. 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
Staff has not received any returned notices in opposition to or in support of the CUP request. Exhibits
1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5. Notification List 6. Applicant Packet
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DIXIE FARM RD
BROADWAY ST
1512
3115
1509
1632
3108
1635
1515
32003200
1510
1514
1521
1524
1601
3205
1602
AERIAL MAP
CUP 16-00015
1524 E Broadway St
¢
This product is for informational purposes andmay not have been prepared for or be suitable
for legal, engineering, or surveying purposes. Itdoes not represent an on-the-ground survey and
represents only the approximate relative locationof property boundaries.
1 inch = 167 feetDECEMBER 2016PLANNING DEPARTMENT
Exhibit 1
Subject Property
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GC
GC
GB
GC
R-1R-4 GB
DIXIE FARM RD
BROADWAY ST
1512
3115
1509
1632
3108
1515
32003200
1510
1514
1521
1524
1601
1602
ZONING MAP
CUP 16-00015
1524 E Broadway St
¢
This product is for informational purposes andmay not have been prepared for or be suitable
for legal, engineering, or surveying purposes. Itdoes not represent an on-the-ground survey and
represents only the approximate relative locationof property boundaries.
1 inch = 167 feetDECEMBER 2016PLANNING DEPARTMENT
Exhibit 2
Subject Property
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Retail, Offices and Services
Open SpaceDIXIE FA
RM RD
BROADWAY ST1512
3115
1509
1632
3108
1635
1515
32003200
1510
1514
1521
1601
3205
1602
FLUP MAP
CUP 16-00015
1524 E Broadway St
¢
This product is for informational purposes andmay not have been prepared for or be suitable
for legal, engineering, or surveying purposes. Itdoes not represent an on-the-ground survey and
represents only the approximate relative locationof property boundaries.
1 inch = 167 feetDECEMBER 2016PLANNING DEPARTMENT
Exhibit 3
Subject Property
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DIXIE FARM RD
BROADWAY ST
1512
3115
1509
1632
3108
1635
1515
32003200
1510
1514
1521
1524
1601
3205
1602
NOTIFICATION MAP
CUP 16-00015
1524 E Broadway St
¢
This product is for informational purposes andmay not have been prepared for or be suitable
for legal, engineering, or surveying purposes. Itdoes not represent an on-the-ground survey and
represents only the approximate relative locationof property boundaries.
1 inch = 167 feetDECEMBER 2016PLANNING DEPARTMENT
Exhibit 4
Subject Property200ft Notification AreaP
age 8 of 16
Exhibit 5
CUP 16-00015
Property_Owner Address City State Zip_Code
ADI MUSA 1524 E BROADWAY ST PEARLAND TX 77581
ADICO ENTERPRISES INC 9802 GULF FWY HOUSTON TX 77034
CHICK-FIL-A INC 5200 BUFFINGTON RD ATLANTA GA 30349
CITY OF PEARLAND 3519 LIBERTY DR PEARLAND TX 77581
HARRISON & 22ND ST LTD PARTNERSHIP 1915 E KATELLA AVE STE A ORANGE CA 92867
HD DEVELOPMENT PROPERTIES LP %HOME DEPOT USA INC PO BOX 105842 ATLANTA GA 30348
MAIER TED 59 TENNYSON ST ARVADA CO 80003
MURPHY OIL USA INC PO BOX 7300 EL DORADO AR 71731
SUSSER PETROLEUM OPERATING COMPANY LLC 555 E AIRTEX DR HOUSTON TX 77073
TWO WAY COMBO LTD % SILLS FAMILY LLC 1127 GOLDENROD AVE CORONA DEL MAR CA 92625
UNSTOPPABLE UNLIMITED LLC 3300 JAMBOREE RD NEWPORT BEACH CA 92660
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City of Pearland Planning Department Universal Application
City or Pearland Communhy Development 3523 Liberty Drive (Community Center) Pearland, Texas nsa1 281.652.17.6 ~2!1 .652c1702
Y~ a .
Please complete each field - incomplete applications will not be accepted. "' 6 applications, including the checklist, must be submitted in electronic fo i8t fCf/Vfo as a PDF and provided by email, USB I CD. Refer to the schedule on the ~
website and/or within the Planning Department for deadlines and antici tad D[C 7 2 ? meeting dates for each project type. <$) r,. () 16 co
r .p ~
D Zoning Change (from) ___ (to)___ D ZBA Variance ->' .t •pJat Ty{Jes-:'}..2/~e:
TYPE OF APPLICATION:
0 Cluster Development Plan D P&Z Variance Mi~e'Xaing, D Pl d D I t W k h O Special Exception Prelimlna,Y, Final, anne eve opmen or s op Master. Rep/at ~ Plat(listtype):_Ti_1ge_r_Pow_er_Exx_an______ 0 Conditional Use Permit
PROJECT INFORMATION:
D Property Not Platted 0 Residential IZI Commercial 0 Property Platted
Project Name: Tiger Power Exxon Car Wash Project Tax ID: 3 - 2o?°¥7-'-fY71- I
Project Address/Location: 1524 E Broadway, Pear1and, TX 77581
Subdivision: _______________ _ No. of Lots:------- Total Acres:-------
Brief Description of Project: Reload Car Wash in existing Car Wash Bay.
When a completed application packet has been accepted and reviewed, additional information may be required by staff as a result of the review, therefore it may be necessary to postpone the proposed project and remove it from the scheduled agenda and
place it on a future agenda according to Section 1.2.1.2 of the Unified Development Code.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
N Musa Adi N Ted Maier
ame: -~--------------~-- ame: ----~--~~~~---------Address: 1524 E. Broadway Address: 5981 Tennyson St.
City: Pearland State: _T_x __ Zip: 77581 City: Arvada State: _c_o __ .Zip: 80003
Phone: (281) 794~3665 Phone: (832) 702-6122
Fax: -~~~-------~~------- Fax: ---------------~------Email Address: [email protected] Email Address: [email protected]
**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 P rland.
OFFICE USE ONLY: FEES
Fees will e accepted by phone or In person. Please APPLICATION
NUMBER:
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1524 Broadway
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1524 BROADWAY ST
LOC_ID 19268
ADDRESS 1524 BROADWAY ST
LONGITUDE 3,166,354.97
LATITUDE 13,765,651.19
CITY PEARLAND CITY LIMIT
ETJ
MUD
LANDUSE Retail, Offices and Services
ORDINANCE 29
YEAR JUNE 21, 1960
ZONE GC
SCHOOL DIST Pearland ISD
RECYCLE Thursday
TRASH DAY MONDAY & THURSDAY
GREEN WASTE DAY Monday
VOTING PRECINCT 52
DRAIN DIST Brazoria Drainage Dist. 4 (Pearland)
SUBDIVISION
KEYMAP 616 T
PLAT Tara Exxon
ZIP 77581
POSTAL PEARLAND
STATE TX
NEIGHBORHOOD
COUNTY Brazoria
Page 1 of 2Interactive Map
12/28/2016http://copgisweb.ci.pearland.tx.us/interactivemap/
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Interactive Map
Layout: MAP_ONLY
Format: PDF
Advanced Print
1524 Broadway
Show search results for 1…
Page 1 of 1Interactive Map
12/28/2016http://copgisweb.ci.pearland.tx.us/interactivemap/
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January 9, 2017 Attn: Martin Griggs Senior Planner | Planning City of Pearland | 3519 Liberty Dr | Pearland, TX 77581 P: 281.652.1709 pearlandtx.gov
https://www.instagram.com/copearland/
Dear Mr. Griggs, Let this letter serve as permission to post a sign informing the public of our intention of installing a brand new car wash on the premises located at 1524 Broadway St., Pearland, Texas 10 days prior to City Counsel hearing on January 30, 2017. If we must provide the sign, please let us know the exact content of the sign, the sign dimensions and where to place it on the property. Also, please accept Ted Maier, Texas Direct Territory Manager for Mark VII Equipment Company, Inc. as my designated agent in processing this project and applications to the City of Pearland. Signed this day 9 of January, 2017: Musa Adi ____________________________________________________________________________Company ____________________________________________________________________________Property ADICO ENTERPRISES INC dba Tiger Power EXXON 1524 Broadway St. Pearland, TX 77581
Tiger power Inc.
1/9/2017
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December, 23, 2016 Attn: Martin Griggs Senior Planner | Planning City of Pearland | 3519 Liberty Dr | Pearland, TX 77581 P: 281.652.1709 pearlandtx.gov
https://www.instagram.com/copearland/
Dear Mr. Griggs, We welcome the opportunity to submit a proposal to sell and install a Brand New Car Wash in the existing car wash bay built in 1996 at the property legal description is LOT 74D LOT 1 BLOCK 1.The car wash facility is 40’ long by 16’ wide. The interactive map with longitude and latitude have been submitted already to the city of Pearland Planning commission. We will return this empty car wash bay to its original use a new car wash location for customers to use as they desire.per the Mark VII Equipment Company Inc. 1099 submitted to the City of Pearland, all applicable taxes will be collected by Mark VII Equipment Company Inc. and sent directly to the city as stipulated by Texas Tax Law. Our intention will be to provide the most advanced car wash system we offer with brand new vacuum cleaners for customer use. As we have as agreed, I have already begun the landscaping requirements by the city as expressed by Lata Krishnarao Director, Community Development to comply with current zoning code requirements. With the building cosmetic upgrades this building will be a very attractive in comparison to the previous building. We are asking that this project by authorized and enacted upon the approval of the City or Pearland Planning Commission and the City of Pear Land Counsel. As well we ask that this be expedited in the timeliness manner possible. This letter summarizes our proposal. Signed this day 30 of December 2016: Musa Adi ____________________________________________________________________________Company ____________________________________________________________________________Property ADICO ENTERPRISES INC dba Tiger Power EXXON 1524 Broadway St. Pearland, TX 77581
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B. EXXON PYLON SIGN .One
C. EXXON CANOPY FASCIA SiGNS 3 signs 13' x2 '-6"
D: CAR WASH One Sign
LANDSCAPE SCHEDULE SITE AREA = 46,492.42 sq. ft. AREA CALCULATIONS: METHOD #A: 46,492.42 sq. ft x 3% = 1,394:77 sq. ft. METHOD #B: 46,492.42 sq. ft.
-3, 03 5 sq. ft. "C" Store Building -1,120 sq. ft. Car Wash Building -4.048 sq. ft . Gas Canopy 38,289.42 sq. ft. x 10% = 3,829 sq. ft.
·• ACTUAL LANDSCAPE AREA= 9886 sq. ft.
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~ = 27.33 Caliper Inches. .r. '= 6.2 Caliper Inches . · u = 33.53 Caliper Inches
STREET TREES: PARKING TREES
.use 34 Caliperlriches ·
7 TREES x 3" Caliper= 2i Caliper Inches 3 TREES x 3" Caliper= 9 Caliper Inches 2 TREES x 2" Caliper= 4 Caliper Inches
TOT AL - 34 Caliper Inches ·
SHRUB CALCULATION: STREET TREES= 27.33 Caliper Inches x 5 = 136.66 = 137 shrubs_ STREET PERIMETER SHRUBS PROVIDED = 108 shrubs . DUMPSTER' SCREEN SHRUBS = 29 shrubs
= 137shrubs
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§ ST. AUGUSTINE ASIATIC JASMINE Z
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VICINITY ·.MAP SCALE: 1· • 1 /2 Ml ,
KtY MAP NO. 411-S
ISSUED 25 Mar. 1997 for CONSTRUCTION
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