Ord. 509-595 08-12-02ORDINANCE NO. 509-595
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 AND GRANTING A SPECIFIC USE PERMIT FOR MINI -
WAREHOUSE STORAGE AND NO OUTSIDE STORAGE CAN BE VISIBLE
FROM ANY SURROUNDING AREAS ON THE FOLLOWING PROPERTY,
BEING 8.2126 ACRES, BEING TRACT A, OUT OF 17.3151 ACRES IN THE H.
T. & B. R.R. COMPANY SURVEY, SECTION 11, A-239, BRAZORIA COUNTY,
TEXAS (SPECIFIC USE NO. 109) (4181 MAGNOLIA STREET) FROM
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO LIGHT
INDUSTRIAL - SPECIFIC USE (M-1(S)) AT THE REQUEST OF MANCEL C.
BEAM, 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, Mancel C. Beam, Owner, filed on May 24, 2002, 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 8th of July, 2002, 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;
WHEREAS, on the 9th day of July, 2002, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Mancel C. Beam, Owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Light Industrial District (M-1) to Light Industrial - Specific Use (M-1(S));
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and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and considered the recommendation of the Planning
and Zoning Commission, at a regular meeting on July 22, 2002, 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 Mancel C. Beam, Owner, presented which, in the judgment of the City Council,
would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Light Industrial District (M-1) to is hereby for all
purposes changed and reclassified as Light Industrial District - Specific Use (M-1(S)) for mini -
warehouse storage and no outside storage can be visible from any surrounding areas ; such
property being more particularly described as:
8.2126 acres, being Tract A, out of 17.3151 acres in the H. T. & B. R.R. Company
Survey, Section 11, A-239, Brazoria County, Texas (4181 Magnolia 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.
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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.
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.
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PASSED, APPROVED, and ADOPTED on First Reading this 22 day of July , 2002.
TOM REID
MAYOR
ATTEST:
NG L
Y SECTARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day of
August , 2002.
ATTEST:
YNG
Y SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
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CITY OF PEARLAND
ZONE CHANGE APPLICATION ti
revised 10/20/01 . •
x Change in Zoning Classification from: M-1 to: SPECIFIC USE
Change in Regulations in Section #:
x Specific Use for: * MINI WAREHOUSES ( STORAGE
Property address: 4181 MAGNOLIA PEARLAND, TX 77584
Block: A
MAGNOLIA INDUSTRIAL SITES, SECTION 1
Subdivision: VOL .18 , Pg . 15 3-154 BCPR
Metes & Bounds Description:
(unplatted property only; attach survey)
N/A
Tax I.D. number: 760081241
•
Current use of land: NOT USED
Proposed use of land:BUILD MINI STORAGE WAREHOUSES ,BOAT ,RV,AND REGULAR STORAGE
Record owner's name: MANCEL C , BEAM
HOME:1426 LOTUS GALVESTON,TX 77554
Owner's mailing address: BUSINESS: 4181 MAGNOLIA PEARLAND,TX 77584
Owner's telephone number: HOME : ( 409 ) 938-8118 OFFICE: (281) 412-9933
Agent's name: Y\ \c.
Agent's mailing address: V\ ICA
Agent's telephone number: 1(VCA
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: / f e'
Agent's signature: 1\1C
Fees paid: $ c,,ZDate
paid: 6 - ®�q-- Q —
-------
Received by: {
.Application number: "
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Specific Use Application No. 109
Mancel C. Beam
4181 Magnolia
(M1-M1(S))
W E
July 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 109
Request of Mancel C. Beam, owner for an amendment to the Land Use and Urban
Development Ordinance from classification Light Industrial District (M-1) to Light Industrial
District — Specific Use (M-1(S)) for a mini -warehouse storage on the following described
property, to wit:
8.2126 acres, being Tract A, out of 17.3151 acres in the H. T. & B. R.R. Co. survey, Section 11,
A-239, Brazoria Co., TX (4181 Magnolia Street)
Honorable Mayor and Council Members:
At a regular meeting held on July 8, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Specific Use Application No. 109 to City
Council for approval with a second made by Commissioner Kevin McDonald.
Commissioner Robert Scherrer amended the original motion made by Commissioner Sederdahl to
add the stipulations that a masonry fence is required around the perimeter of the property and no
outside storage can be visible from any surrounding areas. Commissioner McDonald seconded the
amended motion.
Motion to approve with stipulations passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Bazoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
i Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper: of: general
irculation in Brazoria, Harris & Galveston Counties, for / issues, -as follows:
No / Date 6 - il 20 d
No. Date _ 20
No. Date _ 20
No Date 20
No. Date 20
f/ir/71,1W-,
President
ibscribe and sworn to before me this 2-U day of
)o2,
� �; _ LAU A A. E MO ;�S
Notary Public , S-tat of
bwxt"� Co'mmiss;Qn Expire) 9 -S-09
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 19 & June
26, 2002
NOTICE OF.A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING.
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 8th day of; July, 2002,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris : and ' Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive
-Pinata, the
`request if Mancei C. Beam,
owner, for a Specific Use for
mini -storage warehouses
and boat and RV storage in
a Light Industrial District
(M•1), on the following
described property, to wit:
8.2126 acres, being Tract A,
out of 17.3151 acres in the
H. T. & B. R.R. Co. survey,
Section 11, A-239, Brazoria
Co., TX (4181 Magnolia
Street)
At said "hearing ell interested
Parties.shall.have the right
and ppportunity to appear
and be heard on the subject.
/s/ Mona Ann -Phipps
Development Coordirtatolr
SPECIFIC USE PERMIT
APPLICATION NO. 109
AFFIDAVIT F PUBLICATh N
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 newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for i! issues, as follows:
No / Date 4- 20 6-2--`
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this )7
200)--
��yrA airy y.
LAUFA A. EMMONS
L Notary Public, of i cxa
Comrnjs ;Gn Expo e
ir)
61'1 tn,iw-,
President
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 19 & June
26, 2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND, '
TEXAS
Notice is hereby given that
on the 8th day of July, 2002,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers" of
City Hall. 3519'Liberty.'Drive, >
Peach �n
requesff' a
owner, for a Specific Use for
mini -storage warehouses
and boat and RV storage in
a Light Industrial District
(M-1), on the following
described property, to wit:.
8.2126 acres, being Tract A,
out of 17.3151 acres in the
H. T. & B. R.R. Co. survey,
Section 11, A•239, Brazoria
Co, TX 01E1 Magnolia
Street)"
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard ortthe subject.
/s/ Mona Ann PhiPps`
Development Coordinator
•
SPECIFIC USE PERMIT
APPLICATION NO. 109