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Ord. 509-640 03-24-03ORDINANCE NO. 509-640 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 5.17 ACRES, SITUATED IN THE JOHN W. MAXEY SURVEY, ABSTRACT 721, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (BROADWAY STREET) (APPLICATION NO. 1086 AND SPECIFIC USE APPLICATION NO. 124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS DISTRICT (GB)- SPECIFIC USE (GB(S)) FOR MINI -STORAGE WITH THE ADDITIONAL REQUIREMENTS THAT 1) A MASONRY FENCE (BRICK IN FRONT) IS CONSTRUCTED AROUND THE ENTIRE PROPERTY 2) DETENTION FACILITIES BE CONSTRUCTED BEFORE THE PROPERTY IS DEVELOPED AND 3) THE LANDSCAPING IS INSTALLED OUTSIDE OF THE BRICK FENCE FACING FM 518, AT THE REQUEST OF S.F. SANDERS, 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, S.F. Sanders, Owner, filed on January 15, 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 February, 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 18th day of February, 2003, the Planning and Zoning 1 ORDINANCE NO. 509-640 Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, S.F. Sanders, Owner, whereby the Commission recommended and denied a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development (SD) to General Business District (GB)- Specific Use (GB(S)) for Mini -Storage 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 March 10, 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 S.F. Sanders, 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 Suburban Development (SD) is hereby for all purposes changed and reclassified as General Business District - Specific Use (GB(S)) for Mini -Storage with additional requirements that 1) a masonry fence (brick in front) is constructed around the entire property Exhibit "C" 2) detention facilities be constructed before the property is developed and 3) the landscaping is installed outside of the brick fence facing FM 518; such property being more particularly described as: 2 ORDINANCE NO. 509-640 5.17 acres, situated in the John W. Maxey Survey, Abstract 721, City of Pearland, Brazoria County, Texas (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 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. 3 ORDINANCE NO. 509-640 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 loth day of March , 2003. TOM REID MAYOR ATTEST: UNG Y S `T RETAR PASSED, APPROVED, and ADOPTED on Second and Final Reading`this 24th day of March , 2003. ATTEST: 4 TOM REID MAYOR ORDINANCE NO. 509-640 APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 APPLICATION FOR A CHANGE IN ZONING Please check one: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us [Change in Zoning Classification from:. to: .�Us zot- - v•,9440;/. (list current zoning) (list proposed zoning) u Specific Use Permit Request for °' (Ii proposed use) Property Information: Address: /f'l�/�—,SZ�D,,S✓—e- , ,�i��. 412/P? .(.r, ) A Subdivision: Lot: ' '6 *' ID ' Block: Tax I.D. Number: ��—/-te "6---94)0 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): 4"<=/S"A1.7-- Z--",'�e Proposed use of property: , 7/f /::: ;/ /G/%`� PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME / �-S NAME ADDRESS �J`f��`C ,/ig/f/—) ADDRESS CITY .-s �✓ STATE7/ ZIP 798 — CITY STATE ZIP PHONE( 7'3 ) 2-3 ��2— PHONE( ) FAX(9 2 ) . ‘;S:2' — e•7762.S 'Z— FAX( ) E-MAIL ADDRESS .5rc��40c2/2,-.5(4)5,6? Tv' 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 Taws 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: Agent's Signature: Date: OFFICE USE ONLY: o_r FEES PAID: a i 3 r DATE PAID:OF / 3 0.3 t RECEIVED BY: APPLICATION NO. I O t) tSL 1 a-1 MIti numunit Willilik till Stw ri rs� Willill 1'" Zone Change App cats n No 1086 Specific Use Application No. 124 S. F. Sanders Broadway Street .03/25/2003 1646 FAX 2515300690 BPI REALTY SERVICES 31003 6' 141014 MASONRY WALL SUNRISE LAKES SUBDIVISION PROPOSED OFFICE 1.000 F. RES. 1,000 -F. 2 STORY .••••••._ _ ACREAGE 6° MN 11ASONWY WAIL PHASE FUTURE BUILDING "C" IPCe<1 1n7-1 . PHASE I PROPO BUILDING El" is' Ham anam 464114 WilSONRY WALL 11-1-H+1 PHASE II ruiuRc BUILDING -G. DRI' LANE EASEIJENT LI 111.2* e ewes LJ z LLD a 3 cr FM BM/BROADWAY BM (120' ROW) ALL SAFE STORAGE CONCEPTUAL SrTE PLAN PEARAND, TEXAS 2430-001 SCALE 1s,100' SI (eik, ENGINEERING CORP. Th Ste Todutelagy *rote 1544 SAWOUST 11114D WE 100 1HE WOCCLA1400, TEXAS 77300 T. # (201) 363-4431 FAX (Mr) 1113-34641 --rnalk wacKIWkoehen.ewri • altal ENCINEE76N0 CORPCWATION 2003 b .0 a EXHIBIT February 18, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1086 AND SPECIFIC USE APPLICATION NO. 124 Request of S. F. Sanders, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District — Specific Use (GB(S)) for mini -storage, on the following described property, to wit: 5.17 acres, situated in the John W. Maxey Survey, Abstract No. 721, City of Pearland, Brazoria Co., TX (Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on February 17, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1086 and Specific Use Application No. 124 to City Council for approval with a second made by Commissioner Sheryl Greiner. Motion to approve failed 4 to 3. "Aye"- Ruby Sandars, Don Sederdahl, Ray Bacon "No" — Sheryl Greiner, Robert Scherrer, Todd Iocco, Russ Selemon This is submitted for your consideration. Sincerely, Planning & Zoning Commission S.F. Sanders 9455 Kemp Rd College Station, TX 77845 Page 1 of 1 March 4, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1086 AND SPECIFIC USE APPLICATION NO. 124 Request of S. F. Sanders, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District — Specific Use (GB(S)) for mini -storage, on the following described property, to wit: 5.17 acres, situated in the John W. Maxey Survey, Abstract No. 721, City of Pearland, Brazoria Co., TX (Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on March 3, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ray Bacon made a motion to forward Zoning Application No. 1086 and Specific Use Application No. 124 with a second made by Commissioner Ruby Sandars, with the amendments as follows 1) a masonry fence be constructed around the entire property with brick in the front 2) detention facilities be put in before site is developed 3) landscaping be installed outside the brick fronting Broadway 4) a one year time limit to begin on construction or the specific use expires. Motion to approve failed 3 to 4. "Aye"- Ruby Sandars, Don Sederdahl, Ray Bacon "No" — Sheryl Greiner, Robert Scherrer, Todd Iocco, Russ Selemon This is submitted for your consideration. Sincerely, Planning & Zoning Commission S.F. Sanders 9455 Kemp Rd College Station, TX 77845 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 newspa perof.general circulation in Brazoria, Harris & Galveston Counties, for / issues,' as follows: No. / Date f - Z q 20 0 3 No. Date 20 No. Date ''20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 3 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public. State of Texas Public Hearing - Application No. 1086 & Specific Use No. 124 Published 01/29/03 & 02/05/03 Published Jan. 29 & Feb. 5, 2003 NOTICE OF A JOINT PUBLICHEARING 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 February, 2003, 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 conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of S.F. Sanders, owner, for an amendment to. the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District -Specific Use. (GB-S) for mini -storage on the following described property, to wit: 5.38 acres, John W. Maxey Survey, A-721,, Brazoria Co., TX (Broadway Street) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPf, ICATKO . 1416 A SPECOMISE PERMIT APPLICATION NO. 124 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties -landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria, Harris & Galveston Counties, for / issues; as follows: No. % Date 20 63 No. Date 20 No Date 10 No Date 20 No. Date 20 scribe and sworn to before me this ,2e63 1 LAURA ANN EMMONS Notary public, State of Texas Commission Expires 09-09-2006 Avnia2- President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Application No. 1086 & Specific Use No. 124 Published 01/29/03 & 02/05/03 Published Jan. 29 & Feb. 5, 2003 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING'` COMIsUSSION OF THE,CITY OF PEARLAND, TEXAS Nptice is hereby given that on the 17th day of February, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, Brenda, Harris and Fort . Bend Counties, Texas, wilt conduct a Joint; public hearing in the Council Chambers. of City Hall, 3519 Liberty Drive, Peer on, the requital S.: Sanders, owner, for an amendment to the Land Use and Urban ' Development Ordinance of said City from Classification Suburban Development District. (SD) to General Business District•Specific Use (GB-S) for mini -storage on the following described property, to wit: 5.38 acres, John W. Maxey Survey, A-721, Brazoria Co., TX (Broadway Street) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the Subject. /s/ Mona Ann Phipps Development Coordinator APPLJCATION NO. 1088 & SPECIFIC USE PEA APPLICATION NCL 124 131'1 REALTY SERVICES �OO2 Darrin Coker, City Attorney City of Pearland 3 519 Liberty Drive Pearland, Texas 77581 Dear Datrin: Tuesday, March 25, 2003 RE: Zoning for Specific Use for Self -Storage Facility; Pearland, Texas Per our meeting last night before City Council, enclosed please find a site plan of the proposed facility that shows the boundary line of the location of the brick wall as it stops at the south end of the proposed self -storage building. It is our understanding that the brick wall will be constructed along the entire boundary of the property up to the point wbere it indicates on the site plan that the wall stops. Please attach this to the Zoning Resolution as an exhibit and forward a copy to me for my files. Thanks. Sincerely, BPI Re-?lty Services, Inc. G President cc: S.F. Sanders (Fax: 979-268-4052) Zoning File GKF RF F:IDATA\CORR\GARY1516 Wect\Sturage Facility - Seeder„20030325 DCok • Zoning.DOC 3/25/03 b: 11753 WEST 8ELLFORT SUITE 114 STAFF'ORD,TEXAS 77477' 281-530-0900 FAX 281-530-0690