joint public hearing the city council city and the

16
- 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 Page 1 of 16

Upload: others

Post on 28-May-2022

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: 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

Page 1 of 16

Page 2: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

1 | P a g e

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.

Page 2 of 16

Page 3: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

2 | P a g e

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.

Page 3 of 16

Page 4: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

3 | P a g e

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

Page 4 of 16

Page 5: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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

Page 5 of 16

Page 6: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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

Page 6 of 16

Page 7: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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

Page 7 of 16

Page 8: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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

Page 9: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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

Page 9 of 16

Page 10: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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:

Page 10 of 16

Page 11: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

+

0 500 1000ft

3,166,361.303 13,765,678.721 Feet 1 : 9,000

1524 Broadway

Show search results for 1…

1 of 1

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/

Page 11 of 16

Page 12: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

0 1.5 3mi

+

3,133,384.694 13,764,053.798 Feet 1 : 150,000

Interactive Map

Print

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/

Page 12 of 16

Page 13: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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

Page 13 of 16

Page 14: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

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

Page 14 of 16

Page 15: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

Page 15 of 16

Page 16: JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE

. 0 0

0 0 0 l"l

-0 0 . O'> ..-­..--

. 0 n co

·a ' O'

. ' 0 N '

' - ­.

8' -0 " 8 0

------

------------H--'-------~·--'-

0 5.5'

1'-. - --->fe.--"<--H-->1 46.0'

. 0 . l[')

I

I

3: A .. tO

0 co

19.0'

' 5.5'

24.5'

25.0'

. 0 r--

0

·~ , ... . . . ,• . . .... . · ~ ... ---' . .

5.0

. :.· - ..

·~ · ·:

. ; . . .' .

20.0'

,--~----

9'-0"

®

9'- 0'

Par

------

®

41.0'

9'- 0"

"C" STORE F.F.39. 70

. ,. . . ·. . . - . . . :

Pa inted Par ir.g Marke r

9'-6" 9'-0'

28.0'

1 12' x 30' LOADING SPAC!"

I I

. . ' .{ _ ..

; . .. ' \1 · 0

·-

@ ". FUTURE "

'EMPLOYEE PARKING

-0 0 .

. 0. W. DEDICATION ~

1 O' U.E. ------

. \ D

25' BUILD. LINE

X. STM. MH RIM. J7.82

_.__ ______ ID ~ J;{ rrE

eEX. MH RIM. 38.22

eEX. RIM.

----------- ---------'- ' . -\:. - -

. •' . . ' .. . ' ..

9'-6'

"

17. 5'

®

6.0' ('j\ \.:..; 17.0'

0.0 c:

.... ~

"' 0..

"'O

"'

b ' "'

b '. "'

• f------·"i'-~-

@

"' .. ' "'

21. o·

. . ' ' .

. 0

• 0 co

-_-i-- <t_-0 . N co

. 0 Cl)

0

0 . L.()

. . .

c

1 o.o· I +-

I I I I I I I I I I

' '

I rmm :) @

44.0'

24.0'

44' x 92' CANOPY

:)

10.0'

jq ""'" I

I I

J-I lq IN I I I I I

• 0 N

i

. 0 ci I")

. 0 . 0

\

~ ··a

N (J) -

\ \

\

5.0'

\~ \':). ,'2 ~ \.'°

\ C'l

\ \ \ \

~

L - - - - - - - .,,.,....-""""'?_. ____ ___,___,___._ c

. . . . . .

. n

0

- --- ----

\ \

. .

\ \ \ \

~----"------------------------------------.....;.,.,: ... ~ . ..,....---....,.-~---. ,.,.._ -~

_A. · CHESTER FRIED cffic;'.f\;EN 2 signs s•'x 4:

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.

'·· ;

.. ·,

"' .Q ,, "' "' TREE CALCULATION:

STREET FRONTAGE= 410 !in. ft./ 15 ft. PARKING TREES = 31 CARS I 5

~ = 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

,.._ 0 <D CTI

.. LANDSCAPE LEGEND ~

§ ST. AUGUSTINE ASIATIC JASMINE Z

~· rRI;

VICINITY ·.MAP SCALE: 1· • 1 /2 Ml ,

KtY MAP NO. 411-S

ISSUED 25 Mar. 1997 for CONSTRUCTION

' -<O -

()

' 0

t

'

Page 16 of 16