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Ord. 509-686 12-08-03ORDINANCE NO. 509-686 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 LOT 20 AND LOT 21 OF THE GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (1729 E. BROADWAY STREET) (SPECIFIC USE APPLICATION NO. 129) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT — SPECIFIC USE (C(S)) FOR MINI - WAREHOUSE USES INCLUDING A MINIMUM SIDE YARD SETBACK OF 5 FOOT AT THE REQUEST OF ROBERT BURNHAM, AGENT FOR FOUR SEASONS SELF STORAGE AT BROADWAY DIXIE, 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, Robert Burnham, Agent for Four Seasons Self Storage at Broadway Dixie, L.P., Owner, filed on October 21, 2003, 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 17th of November, 2003, 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 20th day of November, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Robert Burnham, Agent for Four 1 ORDINANCE NO. 509-686 Seasons Self Storage at Broadway Dixie, L.P., Owner, whereby the Commission recommended to approve a change of classification for the property described in Exhibit "A" from its existing classification of Commercial District (C) to Commercial District — Specific Use (C(S)) for mini -warehouse uses including a minimum side yard setback of 5 foot; 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 September 8, 2003; 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 Robert Burnham, Agent for Four Seasons Self Storage at Broadway Dixie, 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: I . 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 for all purposes changed and reclassified as Commercial District — Specific Use (C(S)) for mini -warehouse uses including a minimum side yard setback of 5 foot, such property being more particularly described as: Lot 20 and Lot 21 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas (1729 E. Broadway 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 2 ORDINANCE NO. 509-686 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. 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. 3 ORDINANCE NO. 509-686 PASSED, APPROVED, and ADOPTED on First Reading this 8th day of December , 2003. ovv TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day of December , 2003. TOM REID MAYOR 4 ORDINANCE NO. 509-686 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 Please check one: II APPLICATION FOR A CHANGE IN ZONING Change in Zoning Classification from: (list current zoning) Specific Use Permit Request for : r;Td i2.4-ec (list proposed use) Property Information: Pecr-L.S Address: /72, E.irOQc9rWe f Subdivision: 6�� i✓/�-1�-'� Tax I.D. Number: �►�- ISy 728o 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 proposed zoning) 77581 Lot: 0 y/ Block: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): Proposed use of property: PROPERTY OWNER INFORMATION: ��/ APPLICANT/AGENT INFORMATION: Wt NAMEFOvr 3.4ss �i 1f Srs e, 4- 0•Yrc 1.4) NAME /2-e5 7- /i). 13t'eR-/✓f71/1-/vj ADDRESS / ? 24 E. areal Are. CITY Pies•I•.," STATE -/ $ ZIP 17S81 PHONE( 2281) 64($- 6(ose FAx( / ) %'18 - o162 (, ADDRESS / a� /o Ci-fl-y/s�✓G'eD /)re_i uL CITY C. YpfZ z 5 STATE 714 ZIP 77¢2y PHONE( ' ) '7 /5 _ /b&'g FAX('-4/ ) 2/— /222- E-MAIL ADDRESS c.Pcc.y era, Ivus.c.c_ E-MAIL ADDRESS e 'zi rnAo.m �r‘l i cy'-6� AcltS"7Vh . rri Cell PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Date: / / / ' ' 3 Agent's Signature: /' zx �� Date: le Via3 OFFICE USE 01VLY: / FEES PAID: #.) C, is , DATE PAID: /611(/ C RECEIVED BY: APPLICATION NO. 3L( ) ,7 LOCATION MAP Specific Use Application No. 129 Owner: Four Seasons Self Storage 1729 E. Broadway Street (C - C(S)) N W+E s 0 200 11 1 1 1 400 Feet I AFFIDAVIT OF PUBLICATION 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 / issues; as follows: No. Date 41c d 2 20 03 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 3 20 03 President Laura ► �` mmons, Publisher Notary Public, State of Texas Published Oct. 29 & Nov. 5, 2003 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 17th day of November, 2003, 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 Robert W. Burnham, applicant for Four Seasons Self Storage at Broadway Dixie, L.P., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini - Warehouse in a Commercial District (C(S)), on the follow- ing described property, to wit: Lots 20 and 21 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas (1729 E. Broadway Street). At said hearing all interested parties tall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I SPECIFIC USE APPLICATION NO. 129 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 /' "079 20 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this LTD 2003 • ••.•.•.• rv••*•.•••••• •• • • • LAURA ANN EMMONS• Notary Public, State of Texas Commission Expires 09-09.2006 ••.••..•.••••..••.......• • • day of OC-6 Laura Ann Emmons, Publisher Notary Public, State of Texas 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. 1 Date // 45 20 c2 No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 04, 20 0S LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day�� of Laura Ann Emmons, Publisher Notary Public, State of Texas APPLICATION NO. 1135 Published Oct. 29 & Nov. 5, 2003 NOTICE OF A JOINT LEGALS 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 17th day of November, 2003, 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 Robert W. Burnham, applicant for Four Seasons Self Storage at Broadway Dixie, L.P., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini - Warehouse in a Commercial District (C(S)), on the follow- ing described property, to wit: Lots 20 and 21 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas (1729 E. Broadway Street). At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I SPECIFIC USE APPLICATION NO. 129 November 20, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE PERMIT APPLICATION NO. 129 Honorable Mayor and Council Members: Request of Robert Burnham, agent for Four Seasons Self Storage at Broadway Dixie, L.P. for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for Storage and Mini -Warehouse in a Commercial District (C(S)), on the following described property, to wit: Legal Description: Lots 20 and 21 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas (1729 E. Broadway Street) At a regular meeting held on November 17, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner David Ransom made a motion to forward Specific Use Permit Application No. 129 to City Council for approval with a second made by Commissioner Linda Cowles. Motion to approve passed 5-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: Four Seasons Self Storage at Broadway Dixie, L.P. 1729 E. Broadway Street Pearland, Texas 77581 Applicant: Robert Burnham 12810 Chriswood Drive Cypress, Texas 77429 Page 1 of 1