Ord. 509-628 12-09-02ORDINANCE NO. 509-628
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 TEMPORARY
STORAGE OF GOODS WITH THE STIPULATION THAT THE DATES WILL BE
NOVEMBER 1 ST TO JANUARY 31 ST OF THE SUBSEQUENT YEAR AND WITH
A TIME LIMIT OF TWO YEARS, WHICH WILL EXPIRE ON JANUARY 31, 2004,
ON THE FOLLOWING PROPERTY, BEING LOTS 11 THROUGH 19, BLOCK
14, OLD TOWNSITE (SPECIFIC USE NO. 118) (2335 N. TEXAS AVENUE)
FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL
DISTRICT SPECIFIC USE (C(S)) AT THE REQUEST OF PEARLAND
NEIGHBORHOOD CENTER, AGENT FOR THE CITY OF PEARLAND,
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, Pearland Neighborhood Center, Agentforthe City of Pearland, Owner, filed
on October 10, 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 18th of November, 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 19th day of November, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Pearland Neighborhood Center, Agent for the City of Pearland,
Owner, whereby the Commission recommended and approved a change of classification for
1
ORDINANCE NO. 509-628
the property described in Exhibit "A" from its existing classification of Commercial District (C)
to Commercial District - Specific Use (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 December 9, 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 Pearland Neighborhood Center, Agent for the City of Pearland, 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 Commercial District (C) to is hereby for all
purposes changed and reclassified as to Commercial District - Specific Use (C(S)); temporary
storage of goods with the stipulation that the dates will be November 1 St to January 31 St of the
subsequent year and with a time limit o two years, which will expire on January 31, 2004 such
property being more particularly described as:
Lots 11 through 19, Block 14, Old Townsite (2335 N. Texas Avenue)
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
2
ORDINANCE NO. 509-628
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. 509-628
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
December , 2002.
TOM REID
MAYOR
ATTEST:
NG
Y S RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day
of December , 2002.
ATTEST:
N
TY SECRETA'Y
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
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A
APPLICATION FOR
CHANGE IN ZONING
Please check one:
0 Change in Zoning Classification from:
Specific Use Permit Request for :
Property Information:
-Address:
Subdivision:
Tax 1.D. Number:
to:
plat ousfsnt zoeting)
City of Pearland
Commun=.tyy Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
vvtww.ci.peariand.tx.us
(1Ist proposed zoning)
Lot: 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 prope
PROPESti'OWNER-.INfFORMTION:.
NAME
ADDRESS
CITY STATE ZIP
PHONE(
FAX( _)
APPLICA T/AGENT 1
NAME n',
ADDRESS �. .s.. x- C(/-ee
C1TY f"e0/ STATE. �rZIIP^� l 7
PHONE(/9j5I ) Vta
FAX -3
�� } � LS
E-MAIL ADDRESS E-MAIL ADDRESS
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:
Agent's Sig
Date:
Date: )0 -10 'Ca'
OFFICE USE ONLY'.`
FEES PAID;;
RECEIVED BY:
0
200
400 Feet
I
Specific Use Application No. 118
Pearland Neighborhood Center
2335 N. Texas Avenue
(C - C(S))
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Specific Use Application No. 118
Pearland Neighborhood Center
2335 N. Texas Avenue
(C - C(S))
W E
Specific Use Application
No. 118
Date of City Council and Planning and November 18, 2002
Zoning Commission Joint Public Hearing:
Property Owner: City of Pearland
Applicant or Agent: Pearland Neighborhood Center
Location or Address of Property: 2335 N. Texas Avenue
Existing Zoning: Commercial District (C)
Requested Zoning: Commercial District — Specific Use (C(S))
SUMMARY: The applicant is requesting approval of a specific use permit in order to allow
temporary storage units upon the subject property. The Land Use and Urban Development
Ordinance requires a specific use permit for storage in a commercial district.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Commercial District (C) Undeveloped land
South General Business District Parking lot
(GB)
East General Business District City of Pearland storage tank
(GB)
West Multi -Family District (MF) Church Fellowship Hall
Specific Use Application No. 118
Page 1
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Village District Uses for the subject property. The Comprehensive Plan
further indicates that the appropriate zoning districts for village district uses are to be
established at a future date as the subject area is evaluated.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Texas Avenue, a local street. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant has indicated that
the storage units are to be temporary and utilized only for the upcoming holiday season,
and removed within a couple of months. The applicant has also indicated that the storage
units are long and narrow, similar to the storage units that are utilized by Wal-Mart for their
storage during the holidays. Therefore, Staff does not anticipate any negative impacts on
the surrounding properties.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 12 property owners
within 200 feet of the subject property under consideration. No public comment forms have
been returned.
STAFF RECOMMENDATION: Staff recommends approval of the specific use permit as
proposed by the applicant for the following reasons:
1. The storage units are temporary and are to be removed within a few months.
2. The storage units would not have a significant impact on the surrounding properties.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Area Zoning Map
Specific Use Application No. 118
Page 2
limos
GRIFFIN LEROY - 6 LOTS
ALEXANDER T B FAMILY - 9 LOTS
ALEXANDER T B FAMILY
BURLINGTON NORTHERN SANTE FE RR
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Specific Use Application No. 118
Pearland Neighborhood Center
2335 N. Texas Avenue
(C - C(S))
TAX ACCOUNT NO. OWNER
0542-0076-115
7025-0199-000
7025-0190-002
7025-0212-000
7025-0211-000
7025-0210-000
7025-0193-000
7025-0194-000
7025-0190-001
7025-0197-000
7025-0201-000
BURL NORTHERN SANTA FE PROP TAX DEPT
ALEXANDER T & B FAMILY LTD PRTNSHP
CITY OF PEARLAND
GRIFFIN LEROY
GRIFFIN LEROY
GRIFFIN LEROY
ALEXANDER T & B FAMILY LTD PRTNSHP
PEARLAND NEIGHBORHOOD CENTER
CITY OF PEARLAND
CITY OF PEARLAND
GULF MEADOWS CHURCH
GULF MEADOWS CHURCH
SPECIFIC USE APPLICATION NO. 118
Property Owner Notification List
ADDRESS
PO BOX 961089
2411 PARK AVE
3519 LIBERTY DR
6501 GRACE LN
6501 GRACE LN
6501 GRACE LN
2411 PARK AVE
2335 N TEXAS AVE
3519 LIBERTY DR
3519 LIBERTY DR
PO BOX 3394
PO BOX 3394
CITY
FORT WORTH, TX 76161-0089
PEARLAND, TX 77581-4233
PEARLAND, TX 77581-5416
PEARLAND, TX 77584-2639
PEARLAND, TX 77584-2639
PEARLAND, TX 77584-2639
PEARLAND, TX 77581-4233
PEARLAND, TX 77581
PEARLAND, TX 77581-5416
PEARLAND, TX 77581-5416
PEARLAND, TX 77588-3394
PEARLAND, TX 77588-3394
LEGAL DESCRIPTION
BLK B, C1, OLD TOWN 542 H T & B PEARLAND, ACRES 2.820
PEARLAND, BLOCK 14, LOT Al (W OF RR 50X250')
PEARLAND, BLOCK 14, LOT A2 (W OF RR 50X245')
PEARLAND, BLOCK 15, LOT 47-48
PEARLAND, BLOCK 15, LOT 43-44-45-46
PEARLAND, BLOCK 15, LOT 41-42
PEARLAND, BLOCK 14, LOT 1T010, PEARLAND
PEARLAND, BLOCK 14, LOT 11T019
PEARLAND, BLOCK 14, LOT A3 (W OF RR 50X125')
PEARLAND, BLOCK 14, LOT 20T025
PEARLAND, BLOCK 15, LOT 1T040
November 19, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 118
Request of Pearland Neighborhood Center, agent for City of Pearland, owners for an
amendment to the Land Use and Urban Development Ordinance from classification
Commercial District (C) to Commercial District — Specific Use (C(S)), for temporary storage of
goods, on the following described property, to wit:
Lots 11 through 19, Block 14, Old Townsite (2335 N. Texas Avenue)
Honorable Mayor and Council Members:
At a regular meeting held on November 18, 2002, immediately following a Joint Public Hearing,
the Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ray Bacon made a motion to forward Specific Use Application No. 118 to City
Council for approval with a stipulation that the dates will be from November 1st to January 31st of the
subsequent year and with a time limit of two years, which will expire on January 31st of 2004. Vice -
Chairman Russ Selemon seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: City of Pearland, Tobin Maples, 3519 Liberty Drive, Pearland, TX 77581
Pearland Neighborhood Center, 2335 N. Texas Ave, Pearland, TX 77581
Page 1 of 1
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 /- 6 20 6
No. Date 20
No. Date 20
No. Date 20
No Date 20
Subscribe and sworn to before me this
2002-.
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann. Emmons, Publisher
Notary Public, State of Texas
Published Oct. 30 & Nov. 6
2(1.02
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 giveri that on
the lath day of November,
2002, at 6:30 p.m., the City
Council; and Planning and
Zoning Commission y of the
1 City of Pearland, Brazoria,
Harris and Fort , Bend
i Counties, Texas, will conduct
a joint public hearing in the
Council', Chambers of City
"Hall, 3519 Liberty Drive, '
Pearland, Texas, on the •
request, of Pearland
Neighborhood Center, agent
j for City) of Pearland,; owner,
for an amendment; to the .
.Land `.Use and • Urban
Developmeht Ordinance of
said City from Classification
Commercial District, (C) to
Commercial District -Specific
Use (C(S)), for temporary
1 storage; of goods, on' the fol-
lowing described property, to f.
I wit:
•
Lots 11 through 19, Block 14, ',
Old TowRsite• (2335 N. Texas r
Avenue)
At said 'hearing all interested
parties shall have the ,right
' and opportunity to appear (,
and be heard on the subject.
1 Is/ Mona Ann. Phipps
Development Coordinator
SPECIFIC USE PERMIT
. ; APPLICATION NO. 118
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter New
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties..
Randy Emmons, hereby certify that the noticehereby appended was published
n Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
.irculation in Galveston, ° Harris and Brazoria Counties, for / issues, as follows:
No. / Date 0 c,7- a 20 b 2—
No. Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of. Texas
;Published Oct. 30 & Nov. 60
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 18th ,day of November,'
2002, at 6:30 p.m., the City.
Council and Planning and
Zoning Commission of the:
, City of Pearland,' Brazoria,
Harris and FortBend
Counties„Texas; will conduct'
a joint public hearing in thei
Council Chambers 'of City'
Hall, 3519 Liberty Drive,'•
Pearland,, Texas, on the'I,
• request of Pearland
Neighborhood Center, agent:
for City of Pearland, owner,'
for an amendment to the ;
Land Use " and : Urban
Development Ordinance of
said City. from Classification
Commercial District, (C)-
Commercial District - Specific j
Use (C(S)), for temporary;
storage of goods,•on the fol- •
lowing described property, to i
wit: . 1
Lots 11 through 19, Block 14,
Old Townsite (2335,N. Texas
Avenue)" • = • I
At said hearing,all interested i
I parties shall have the right
and opportunity to •appear
and be heard on the subject.
, /s/ Mona Ann Phipps
Development -Coordinator
SPECIFIC USE PERMIT' ,
APPLICATION N0.118