Ord. 509-779 07-11-05ORDINANCE NO. 509-779
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 30.06 ACRES OF LAND,
SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 1,
ABSTRACT 233, AND THE R.B. LYLE SURVEY, SECTION 2, ABSTRACT
542, ALSO BEING ALL OF RESERVE "A," "B," "C," AND "D," OF
PEARLAND CENTRAL WAL-MART, A SUBDIVISION RECORDED AT
VOLUME 24, PAGE 250, OF THE BRAZORIA COUNTY PLAT RECORDS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 1919
N. MAIN STREET) (SPECIFIC USE PERMIT APPLICATION NO. 142) FOR
A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND
SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL
DISTRICT (C (S)), AT THE REQUEST OF HUGH BLANCHARD,
APPLICANT FOR WAL-MART STORES TEXAS L.P., OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, Hugh Blanchard, applicant for WaI-Mart Stores Texas L.P., owner,
filed on March 24, 2005, an application for amendment pursuant to Section 28 of
Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for
approval of a change in the land use as provided for in said Section 28, said property
being legally described in the original applications for amendment attached hereto and
made a part hereof for all purposes as Exhibit "A"; and
WHEREAS, on the 18th day of April, 2005, 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 thereto and made a part hereof for all
purposes, as Exhibit "B", said call and notice being in strict conformity with provisions
of Section 28.3 and 28.4 of Ordinance No. 509; and
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ORDINANCE NO. 509-779
WHEREAS, on the 1st day of June, 2005, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Hugh Blanchard, applicant for Wal-Mart Stores
Texas L.P., owner, whereby the Commission recommended approval of a Specific Use
Permit for Outside Display, Storage, and Sale of Merchandise and Equipment in the
Commercial District (C (S)); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on June 27, 2005; 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 Hugh Blanchard, applicant for Wal-Mart Stores Texas L.P.,
owner, presented which, in the judgment of the City Council, would justify the approval
of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Commercial District (C), is hereby
zoned for a Specific Use Permit for Outside Display, Storage, and Sale of Merchandise
and Equipment in the Commercial District (C (S)), in accordance with all conditions and
requirements listed in Exhibit "C" and Exhibit "D", attached hereto and incorporated for
all purposes, and such property being more particularly described as:
30.06 acres of land, situated in the H.T. & B.R.R. Company Survey, Section 1,
2
ORDINANCE NO. 509-779
Abstract 233, and the R.B. Lyle Survey, Section 2, Abstract 542, also being all of
Reserve "A," "B," "C," and "D," of Pearland Central Wal-Mart, a subdivision recorded
at Volume 24, Page 250, of the Brazoria County Plat Records, City of Pearland,
Brazoria County, Texas (Located at 1919 N. Main Street)
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to the City Council for consideration and decision.
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.
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.
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.
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ORDINANCE NO. 509-779
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 27thday of
June , 2005.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
llth day of July , 2005.
TOM REID
MAYOR
4
ORDINANCE NO. 509-779
ATTEST:
APPROVED AS TO FORM:
0 .e..,'_._ Csi,.
DARRIN M. COKER
CITY ATTORNEY
5
Please check one:
APPLICATION FOR
A CHANGE IN ZONING
(' lr t i 1, l r4..l t,; ?-fl' t r2 ('
Change in Zoning Classification from: J to:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
(list current zoning) (list proposed zoning)
® Specific Use Permit Request for: Out of doors display, storage, a.nd sale of
(list proposed use) merchandise and equipment
Property Information:
Address:1919 North Main (State Hwy.35) Pearland, Texas 77581
Subdivision:Pearland Central Wa1-Mart Lot: N/A Block: 1
Replat No. 1
Tax I.D. Number: R490021, R165740 . R165738
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): KMART
Proposed use of property: WAI -MART SUPERCENTER $R77-07
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME Wal-Mart Stores Texas,L.P. NAME Hugh Blanchard
ADDRESS 2001 Southeast loth Street ADDRESS 1149f1 Westheimer, Ste 70f1
CITY Bentonville STATE AR zip72716-6489 CITY Houston STATE TX ZIP 77077
PHONE(479 ) 204-0039 PHONE( 281 ) 558-R7nO
FAX( 479 )273-8378 FAX( 713 ) 488-8381
E-MAILADDRESSRob.Jones@wal-mart.com E-MAILADDRESS hblanchard@browngay.com
PETITION: As owner/meat I hereby petition the City of Pearland for approval of the above described
request as provided for by the - s of the State of Texas and ordinances of the City of Pearland.
certify to the best of my kn•, d•,- that this is a true description of the property upon which I have
requested the above the ed i• I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
AP$ .rearm is —�
Agcnt'3 Signature: ,
OFFICE USE ONLY: FEES PAID: 00 (950OO
-
Date:, ZJ`�
Date: :1 - /
DATE PAID: 3— a.'—O5
RECEIVED BY: 't APPLICATION NO. () u 1-7 / y'
LOCATION MAP
Specific Use Permit Application
No. 142
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0 300 600 Feet
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Map Prepared on April 4, 2005
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Exhibit C
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WAL—MART STORE • 872-07
1919 NORTH MAIN (STATE HIGHWAY 35)
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
i
BROWN CIVIL
11490 TESTHEE(NER. SUITE 700RS & 0RS
& GAY HOUSTON. TEXAS 77077
(201) 658-0700
ENGINEERS. INC.
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BROWN
GAY
June 20, 2005
Ms. Theresa Grahman
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Re: Specific Use Permit Application No. 142 — Additional/Revised Information
Dear Theresa,
Enclosed please find our revised exhibits of the Pearland Central Wal-Mart site detailing the proposed
areas to be used for outside display, storage, and sale of merchandise and equipment. The areas of
concern for the specific use permit have been hatched / clouded in black and white and labeled as
"Area A", "Area B" and "Area C" on the enclosed exhibit.
Area "A" is approximately 109.74-feet in length and 44.60-feet in width and accounts for parking area
to be used (net increase of six parking spaces, see "Area C" below.) The closest point of Area "A" is
565.98-feet from State Highway 35. In addition, three separate reserves have been recorded with the
subdivision plat for "out parcel" development. Once developed, the out parcels will further buffer the
proposed outside displays. Items to be located within Area "A" include: bagged soil, bagged mulch,
plants, trees, and landscaping stone. Area "A" would be utilized between the first of February and the
first of September each year (9 months).
Area "B" is located along the front sidewalk between the southern end of the garden fence up to the
general merchandise doors. Items to be located within Area "B" include: bedding plants, lawn
furniture displays, displays of grills, swing sets, pools, Christmas trees, pumpkins, and shrubs in
containers. The time frame for displays within Area "B" would be yearly, based on the season,
Area "C" proposes 23 additional parking spaces to offset the loss of 17 parking spaces within Area
"A" for a net increase of six parking spaces.
Again, we are not requesting a specific use for storage containers to be allowed on the site. Please
contact me if you have any questions or if you need any additional information to assist you in your
review of the proposed specific use permit. We look forward to the City Council meeting on the 27th
of June.
Respectfully,
Tracy Youngblood
Project Manager
Cc: Hugh Blanchard, Brown & Gay Engineers, Inc.
Rob Jones, Wal-Mart Stores
Exhibit D
R:\Projects\Wal\Wa154\Wa154 Kmart Pearland\PLATTING\specific use062005.doc
11490 Westheimer • Suite 700 • Houston, Texas 77077-6841 • TEL: 281-558-8700 • FAX: 281-558-9701 • EMAIL: bge@browngay.com
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date J 30 20 or
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 OS"
•
410.
LAURA ANN EMMONS
Notary Piibiic, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 30 and
April 6, 2005
NOTICE OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO. 142
Notice is hereby given that
on April 18, 2005, 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, 3519
Liberty Drive, Pearland,
Texas, on the request of
Hugh Blanchard, applicant
for Wal-Mart Stores Texas
L.P., owner, for an amend-
ment 10 the Land Use and
Urban Development Ordi-
nance of said City, for a
Specific Use Permit for
Outside Display, Storage,
and Sale of Merchandise
and Equipment in the
Commercial District (C (S))
on the following described
property, to wit:
30.06 acres of land, situated
in the H.T. & B.R.R.
Company Survey, Section
1, Abstract 233, and the
R.B. Lyle Survey, Section 2,
Abstract 542, also being all
of Reserve "A," "B," "C," and
`D," of Pearland Central
Wal-Mart, a subdivision
recorded at Volume 24,
Page 250, of the Brazoria
County Plat Records, City of
Pearland, Brazoria County,
Texas (Located at 1919 N.
Main Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATIONI�-
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a news
paper of general
circulation in Brazoria, Harris & Galveston Counties, for issues, as follows:
No. Date
No. Date
No. Date
No. Date
No. Date
Spbscribe and sworn to before me this
20a
•
•
•
a'• ••.• • • ••
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
•
A
20
20
20
20
20
President
day^ of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 30 and
April 6, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO.142
Notice is hereby given that
on April 18, 2005, 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, 3519
Liberty Drive, Pearland,
Texas, on the request of
Hugh Blanchard, applicant
for Wal-Mart Stores Texas
L.P., owner, for an amend-
ment to the Land Use and
Urban Development Ordi-
nance of said City, for a
Specific Use Permit for
Outside Display, Storage,
and Sale of Merchandise
and Equipment in the
Commercial District (C (S))
on the following described
property, to wit:
30.06 acres of land, situated
in the H.T. & B.R.R.
Company Survey, Section
1, Abstract 233, and the
R.B. Lyle Survey, Section 2,
Abstract 542, also being all
of Reserve "A," "B," "C," and
'D," of Pearland Central
Wal-Mart, a subdivision
recorded at Volume 24,
Page 250, of the Brazoria
County Plat Records, City of
Pearland, Brazoria County,
Texas (Located at 1919 N.,
Main Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
June 1, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Specific Use Permit Application No. 142, a request by Hugh
Blanchard, applicant for WaI-Mart Stores Texas L.P., owner, for an amendment
to the Land Use and Urban Development Ordinance of said City, for a Specific
Use Permit for Outside Display, Storage, and Sale of Merchandise and
Equipment in the Commercial District (C (S))
Honorable Mayor and City Council Members:
At their regular meeting of May 16, 2005, the Planning and Zoning Commission
considered the request for a Specific Use Permit for Outside Display, Storage, and Sale
of Merchandise and Equipment in the Commercial District (C(S)) on the following
property:
Legal Description: 30.06 acres of land, situated in the H.T. & B.R.R. Company
Survey, Section 1, Abstract 233, and the R.B. Lyle Survey, Section
2, Abstract 542, also being all of Reserve "A," "B," "C," and "D," of
Pearland Central WaI-Mart, a subdivision recorded at Volume 24,
Page 250, of the Brazoria County Plat Records, City of Pearland,
Brazoria County, Texas
General Location: Located at 1919 N. Main Street
Commission Member Ransom made a motion to recommend approval of the specific
use permit request, which was seconded by Commission Member West. The motion to
approve was passed 6 — 0. The specific use permit was recommended for approval by
the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
SUP 142
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