Ord. CUP 16-00011 2017-01-23Ordinance No. CUP 16-00011
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a mini-warehouse/self-
storage in the General Business (GB) zoning district, All of that Lot "A"
and Lot "B", Block 1 in the Whispering Winds Subdivision. Section 2, an
addition in the Thomas J. Green Survey, Abstract No. 198 as recorded in
Volume 19, Pages 163-164 in the Plat Records of Brazoria County, Texas.
(Located approximately 323 feet northeast of the intersection of
Westminister Road and Broadway Street.) Conditional Use Permit
Application No. CUP 16-00011, within the General Business (GB) zoning
district, at the request of Richard Stockton, applicant, on behalf of
Greenspace Holdings, LLC., owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, of Richard Stockton, applicant, on behalf of Greenspace Holdings,
LLC., owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a
mini-warehouse/self-storage use on approximately 2.101 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 21st day of November 2016, 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 22nd day of November 2016, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit (CUP) to allow for a mini-warehouse/self-storage use
on approximately 2.101 acres of 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 9th day of January 2017
and the 23rd day of January 2017; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Richard Stockton, applicant, on behalf of Greenspace Holdings,
LLC., owner; for approval of a Conditional Use Permit (CUP) on an approximately 2.101
acres of land to allow for a mini-warehouse/self-storage use; 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 General
Business (GB) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a mini-warehouse/self-storage use, and the site plan attached hereto and
made a part hereof for all purposes as Exhibit "E", subject to all requirements of the GB
zoning district, in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
Page 2 of 13
Ord. No CUP 16-00011
incorporated for all purposes, such property being more particularly described as:
Legal Description: All of that Lot "A" and Lot "B", Block 1 in the Whispering
Winds Subdivision, Section 2, an addition in the Thomas J. Green Survey,
Abstract No. 198 as recorded in Volume 19, Pages 163-164 in the Plat Records
of Brazoria County, Texas.
General Location: Approximately 323 feet northeast of the intersection of
Westminister Road and Broadway Street.
Section 1I. 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.
Section VI. This Ordinance shall become effective after its passage and
Page 3 of 13
Ord. No CUP 16-00011
approval on second and final reading.
2017.
PASSED, APPROVED, and ADOPTED on First Reading this 9"' day of January,
,04->1
TOM
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of January, 2017.
ATTEST:
YO)L1JG LO ING, T'.�, C
CI SEC TARY
APPROVED AS TO FORM:
("e-1)
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
SO` `.ms's
r.
Page 4 of 13
Ord. No CUP 16-00011
Page 5 of 13
Ord. No CUP 16-00011
Exhibit A
Legal Description
All of that Lot "A" and Lot "B", Block 1 in the Whispering Winds Subdivision, Section 2,
an addition in the Thomas J. Green Survey, Abstract No. 198 as recorded in Volume 19,
Pages 163-164 in the Plat Records of Brazoria County, Texas.
- •
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Woo Wow.
AMENDING PLAT
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WHISPERING WINDS
SUBDIVISION
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Page 6 of 13
Ord. No CUP 16-00011
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 16-00011
NE of Westminister R
and Broadway St
TAS. protuet a, for Inform.vui el purpw.n ar,:
may twl hoye been prop a, d form be.mul'.�
for local. wmmrenne or .urvryuLL purpo,.. I
doe. nor repreeem an enoM-geou d .uney +r..
repre.eru. only the apprm neare rola Irk nee
of property l»uM.v.oa
1 Inch = 115 feet
O TOPCP :016
PLANNIN(I DEP APTNt:NT
Page 7 of 13
Ord. No CUP 16-00011
0000124640 CITY OF PEARLAND - PLANNING
Page 1
Houston Chronicle
CLASSIFIEDS
R"
MEDIA
ijp GROUP
NtAn$Tt�.r1wArtlnrl
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas. and generally circulated in the Counties of: HARRIS, TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN,
WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x4.00 I (8.001)
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000124640 HC034270320
Date
Nov 02 2016
Nov 02 2016
Nov 022016
Nov 02 2016
Nov 022016
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 2nd Day of November A.D. 2016
i+vLt 1 �l !(2(
f•�.
tary Public in and for the State of Texas
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 16-00011
Notice is hereby given that on November 21, 2016, 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
Richard Stockton, applicant, on behalf of Greenspace Holdings, LLC.,
owner: for approval of a Conditional Use Permit to allow for a mini-
warehouse/self-storage in the General Business (GB) zoning district;
on approximately 2.101 acres of land, to wit:
All of Lot "A" and Lot "B", Block 1 In the Whispering Winds
Subdivision, Section 2, an addition in the Thomas J. Green Survey,
Abstract No. 198 as recorded in Volume 19, Pages 163-164 in the Plat
Records of Brazoria County, Texas.
General Location: Approximately 323 feet northeast of the intersection
of Westminister Road and Broadway Street
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.
Martin Griggs
Senior Planner
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCII
Exhibit C
Legal Ad
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION
NUMBER: CUP 16-00011
Notice is hereby given that on November 21, 2016, 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
Richard Stockton, applicant, on behalf of Greenspace Holdings, LLC.,
owner; for approval of a Conditional Use Permit to allow for a mini-
warehouse/self-storage in the General Business (GB) zoning district;
on approximately 2.101 acres of land, to wit:
All of Lot "A" and Lot "B", Block 1 in the Whispering Winds
Subdivision, Section 2, an addition in the Thomas J. Green Survey,
Abstract No. 198 as recorded in Volume 19, Pages 163-164 in the Plat
Records of Brazoria County, Texas.
General Location: Approximately 323 feet northeast of the intersection
of Westminister Road and Broadway Street
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard ori the subject. For additional
information, please contact the Planning Department at 281-652-1765.
Martin Griggs
Senior Planner
Page 8 of 13
Ord. No CUP 16-00011
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
November 22, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 16-00011
Honorable Mayor and City Council Members:
At their regular meeting on November 21, 2016, the Planning and Zoning Commission
considered the following:
A request of Richard Stockton, applicant, on behalf of Greenspace Holdings,
LLC., owner; for approval of a Conditional Use Permit to allow for a mini-
warehouse/self-storage in the General Business (GB) zoning district; on
approximately 2.101 acres of land.
Legal Description: All of that Lot "A" and Lot "B", Block 1 in the Whispering
Winds Subdivision, Section 2, an addition in the Thomas J. Green Survey,
Abstract No. 198 as recorded in Volume 19, Pages 163-164 in the Plat Records
of Brazoria County, Texas.
General Location: Approximately 323 feet northeast of the intersection of
Westminster Road and Broadway Street.
P&Z Commissioner Derrell Isenberg made a motion to recommend approval of
Conditional Use Permit Application No. CUP 16-00011 with Staff recommendations and
P&Z Commissioner Troy Pradia seconded the motion.
1. Provide a 15 -foot front wide landscaped strip along Westminster Street with
enhanced landscaping (additional shrubs and ornamental trees). Provide a
Page 9 of 13
Ord. No CUP 16-00011
combination of trees and shrubs along the east and west property lines in a 6 -
foot wide landscaping strip. Provide a combination of trees and shrubs along the
northern property line with a minimuml5-foot wide landscaped strip for a more
effective buffer.
2. Resolve all conflicts between utility easements, drainage easements, and
proposed landscaping and show these easements on the site plan.
The motion was approved 4-0. P&Z Vice -Chairperson Thomas Duncan, P&Z
Commissioners Derrell Isenberg, Ginger McFadden, and Troy Pradia voted in favor of
the motion. P&Z Commissioner Mary Starr abstained on the motion.
Sincerely,
/
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 13
Ord. No CUP 16-00011
Exhibit E
Site Plan and Attachments
Site Plan
WESTMINSTER
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3 STORY SELF STORAGE
ACUITY
40.3021 SF (FIRST FLOOR)
121 704 S F TOTAL
NO CONSTRUCTION - FULLY
SPRINKLED A2I3 ALARMED
"2-7z1:7=z:
MCINPW PAWN
LOT UN MS SI
SUING CRUST INT
PAWG 32124 ST (13K:
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7t WESTMINSTER
PEARLMD, TEXAS 77591
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Page 1 1 of 13
Ord. No CUP 16-00011
Elevations
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4 -
FRONT !WEST ELEVATION
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rr
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GREEN SPACE STORAGE
FACILITY
2911 *MINSTER
PEARLAND. TEXAS T)S91
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NORTH ELEVATION
SOUTH ELEVATION
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A1.60
Page 12 of 13
Ord. No CUP 16-00011
(TEEN SPACE STORAGE
FACITTY
291f$TW STER
PEARLAND 79.15 77911
TMS
(1111 TT]
CUBE SMART
1111171111
REAR /SOUTH ELEVATION SCALE 1,$'•1'-0' 01
ELEVATION
A1.70
Page 13 of 13
Ord. No CUP 16-00011
Landscape Plan
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tz•
WESTMINSTER
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mew
hi.921.1,11.1101,11U.1111
LANDSCAPE PLAN
3 STORY SELF STORAGE
FACILITY
40.368 $C (FIRST FLOOR)
121704 SF TOTAL
16 CONSTRUCTION - FULLY
SPRINKLED AND ALARMED
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SCALE: 1/10%1'.0'01
GREEN SPACE STORAGE
FACILITY
2911 WES1114SITR
PEARLANMEUS 77591
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11•0010MILM
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LANOSCAFE 01.46
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Page 14 of 13
Ord. No CUP 16-00011