Ord. 2000CUP-02 2007-12-10 L
MATTERS REMOVED FROM CONSENT AGENDA None.
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 2000CUP-2 —AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL
USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 10.6963 ACRES
OF LAND, OUT OF ABSTRACT 542, H.T. & B.R.R. COMPANY SURVEY, TRACT A,
RAY BELLOWS AND SONS SUBDIVISION, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN
1(
STREET), AND ON THE SOUTH SIDE OF KNAPP ROAD), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2007-19), TO ALLOW THE FOLLOWING USES:
CONSTRUCTION CONTRACTOR WITH STORAGE YARD; MACHINERY SALES,
STORAGE, AND REPAIR; MOVING AND STORAGE COMPANY; PRINTING; OFFICE
WAREHOUSE STORAGE OR SALES; OUTSIDE STORAGE; STORAGE OF USED
LUMBER AND BUILDING PRODUCTS; TOOL AND MACHINERY RENTAL; WELDING
SHOP; AND WAREHOUSE AND DISTRIBUTION FACILITY;AT THE REQUEST OF
WILL BENSON AND TNRG ACQUISITIONS, APPLICANT FOR EISIE M.
PITSENBARGER LIVING TRUST, OWNER; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. 'Mr. Nick Finan, Assistant City Manager.
This item was passed with no Council Action taken.
FIRST READING OF ORDINANCE NO. 2000M-44 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF' PEARLAND, TEXAS, AMENDING ORDINANCE NO.
2000M, THE ZONING MAP ,OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY,
LOCATION BEING 20.00 ACRES OF LAND, OUT OF THE ROBERT L. ALEXANDER
172.0566 ACRE TRACT, RECORDED IN VOLUME 1725, PAGE 120, OF THE
BRAZORIA COUNTY DEED RECORDS, OUT OF THE THOMAS J. GREEN SURVEY,
ABSTRACT 198, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF PEARLAND PARKWAY, AND ON THE SOUTH
SIDE OF BARRY ROSE ROAD), (ZONE CHANGE APPLICATION NO. 2007-19Z),
FROM SINGLE FAMILY RESIDENTIAL — 2 DISTRICT (R-2) AND GENERAL
BUSINESS RETAIL DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PD),
AT THE REQUEST OF NEW LIFE LUTHERAN CHURCH, APPLICANT FOR ROBERT
ALEXANDER AND TOM ALEXANDER, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, 'AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager.
Page 4 of 10 — 12/10/2007 —7:00 P.M.
ORDINANCE NO. 2000CUP-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 10.6963 ACRES OF LAND, OUT
OF ABSTRACT 542, H.T. & B.R.R. COMPANY SURVEY, TRACT A, RAY
BELLOWS AND SONS SUBDIVISION, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH
35 (MAIN STREET), AND ON THE SOUTH SIDE OF KNAPP ROAD),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2007-19), TO
ALLOW THE FOLLOWING USES: CONSTRUCTION CONTRACTOR
WITH STORAGE YARD; MACHINERY SALES, STORAGE, AND REPAIR;
MOVING AND STORAGE COMPANY; PRINTING; OFFICE WAREHOUSE
STORAGE OR SALES; OUTSIDE STORAGE; STORAGE OF USED
LUMBER AND BUILDING PRODUCTS; TOOL AND MACHINERY
RENTAL; WELDING SHOP; AND WAREHOUSE AND DISTRIBUTION
FACILITY; AT THE REQUEST OF WILL BENSON AND TNRG
ACQUISITIONS, APPLICANT FOR EISIE M. PITSENBARGER LIVING
TRUST, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
WHEREAS, Will Benson and TNRG Acquisitions, applicant for Eisie M.
Pitsenbarger Living Trust, owner, filed an application for a Conditional Use Permit for
certain property, 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
more graphically depicted in the location map attached hereto and made a part hereof
for all purposes as Exhibit "B"; and
WHEREAS, on the 19th day of November, 2007, 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
ORDINANCE NO. 2000CUP-2
WHEREAS, on the 28th day of November, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by Will Benson and TNRG
Acquisitions, applicant for Eisie M. Pitsenbarger Living Trust, owner, whereby the
Commission recommended approval of the Conditional Use Permit, 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, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on December 10, 2007; 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 Will Benson and TNRG Acquisitions, applicant for Eisie M.
Pitsenbarger Living Trust, 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:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as General Commercial District
(GC), is hereby granted a Conditional Use Permit to allow the following uses: a
construction contractor with storage yard; machinery sales, storage, and repair; moving
and storage company; printing; office warehouse storage or sales; outside storage;
storage of used lumber and building products; tool and machinery rental; welding shop;
and warehouse and distribution facility; such property being more particularly described
as:
Page 2 of 4
Ord No 2000CUP-2
ORDINANCE NO. 2000CUP-2
10.6963 acres of land, out of Abstract 542, H.T. & B.R.R. Company Survey,
Tract A, Ray Bellows and Sons Subdivision, City of Pearland, Brazoria County,
Texas (Generally Located on the East Side of SH 35 (Main Street), and on the
South Side of Knapp Road)
Section 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. 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.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted 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
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this the 10th day of
December, A.D., 2007.
Page 3 of 4
Ord No 2000CUP-2
ORDINANCE NO. 2000CUP-2
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this the
10th day of December, A.D., 2007.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-2
Exhibit "A"
Application
Ordinance No. 2000CUP-2
City of Pearland
*), APPLICATION FOR A community.Deveionmpnt
.3523 Liberty Drive
't7V:` 71P: CONDITIONAL USE PERMIT pornmullity Center)
Pearland,Texas 77561
4101W (CUP) 281-652-176B
281-652-1702 fax
Page 1 of Application www.cityofpearonci.corn
/-7
Conditional Use.Permit Request for: C-6,772m.erce /62C(.44e
(Hat:proposOd use) -
Current Zoning District ac 44, •A0/0,6 se- 5 )
Property Information:
Address or General Location: MaiiY) 51-acpth 61000
Tax Account No.; (3C41) II' 0542 - ootS - 130
Subdivision: A(I) C4H T apsz rgAcr- 738-78E2_
Lot i&ygeilexAis s- pate Acre.s ID .
Son5
PROPERTY OWNER INFORMATION*: If there are multiple property owners-, please list on a separate
sheet of paperacid to this application.
NAME 251E Pi • Pi SEA116A- 64R. Tku7-
Li.mr,unstt ppe ADDRESS /444 451'` 5tret be t
t4.1est
ciTy FA-tz4o STATE N2 ZIP 58103-biOZ. owner at the
time of the
PHONE( --70 I ) *T1- Zee,3 2- submittal of the
application, not
FAX( 70 ) 41 Z 5 7.- the party that
has the property
E-MAIL ADDRESS /2/75 4.74-her e An-yn er, cerry) under contract.
APPLICANT INFORMATION;
NAME 7 (,)%,
ADDRESS 1.`WOO /VO/74 c51- fr-t afelj (fO•
CITY /1-7161/575177 STATE TX Zip -770W
PHONE( 113 ) "Ail/
FAx( 7/ 3 ) 5-/Qe)
E-MAIL ADDRESS wifte -6 4 rd n 42 it 0,0 P aoori -
. Exhibit "B"
Location Map
:� Ordinance No. 2000CUP-2
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Conditional Use Permit
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No. CUP2007-19` Map Prepared on November 5 2007
Exhibit "C"
Publication
Ordinance No. 2000CUP-2
Publication Affidavits
Filed with
Planning and Zoning
Not Available
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000CUP-2
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Recommendation Letter
November 28, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2007-19
Honorable Mayor and City Council Members:
At their regular meeting of November 19, 2007, the Planning and Zoning Commission
considered the following:
A request by Will Benson and TNRG Acquisitions, applicant for Eisie M. Pitsenbarger
Living Trust, owner, for approval of a Conditional Use Permit for the following uses:
construction contractor with storage yard; machinery sales, storage, and repair;
moving and storage company; printing; office warehouse storage or sales; outside
storage; storage of used lumber and building products; tool and machinery rental;
welding shop; and warehouse and distribution facility; in the General Commercial
District (GC), on the following described property, to wit:
Legal Description: 10.6963 acres of land, out of Abstract 542, H.T. & B.R.R.
Company Survey, Tract A, Ray Bellows and Sons Subdivision,
City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of SH 35 (Main Street), and
on the South Side of Knapp Road
Commission Member Sherrouse made a motion to recommend approval of the conditional
use permit request, which was seconded by Commission Member Diggs. The motion to
approve passed 7 — 0. The conditional use permit was recommended for approval by the
Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1