Ord. 2000CUP-11 2008-03-24ORDINANCE NO. 2000CUP-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR
CERTAIN REAL PROPERTY, LOCATION BEING 4.6133 ACRES, BEING
LOT "C" OF W. C. PROPERTIES, A SUBDIVISION SITUATED IN
SECTION 85 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
304, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET),
AND APPROXIMATELY 400 FEET EAST OF MILLER RANCH ROAD),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-09), TO
ALLOW FORA "MINI-WAREHOUSE AND SELF STORAGE" FACILITY
IN THE GENERAL BUSINESS RETAIL DISTRICT (GB); AT THE
REQUEST OF USC EXPRESS, LLC, OWNER; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE
LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND
WELFARE OF THE CITIZENRY.
WHEREAS, USC Express, LLC, 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 17th day of March, 2008, 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
WHEREAS, on the 18th day of March, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. 2000CUP-11
regarding the proposed Conditional Use Permit application by USC Express, LLC,
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 March 24, 2008; 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 USC Express, LLC, 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 Business Retail District
(GB), is hereby granted a Conditional Use Permit to allow fora "mini-warehouse and
self storage" facility; such property being more particularly described as:
4.6133 acres, being Lot "C" of W. C. Properties, a subdivision situated in Section
85 of the H.T. & B.R.R. Company Survey, Abstract 304, City of Pearland,
Brazoria County, Texas (Generally Located on the North Side of FM 518
(Broadway Street), and Approximately 400 Feet East of Miller Ranch 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
Page 2 of 4
Ord No 2000CUP-11
ORDINANCE NO.2000CUP-11
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 first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 24th day of March, 2008.
fc.~
TO REID
MAYOR
Page 3 of 4
Ord No 2000CUP-11
ORDINANCE NO. 2000CUP-11
• Q~~;.".,~,
ATTEST: ' °~~~
.~~ _ _
OUN `OF3r~IN , TJM/IC
ITY CRETA Y
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-11
Exhibit "A"
Application
Ordinance No. 2000CUP-11
APPLICATI~iV FAR ~4 City orPear-and
. % Community Development
-- ~ ; ~ G~NDITIOiVAL USE PERi~BT a~ Uberty Drive
(Community Center)
~ ~CUP~ Pearland,2 ~~ 1768
Page 1 of Application 281-651702 fax
www.cityofpearlandcom
Conditional Use Permit Request for _`r1t~ ~ „~ ~ ~ 5 a ¢ s~L ~-,,,.5 ,.~. a~r~.. ,~~~, ~ 2/
~~ ~~., l._ ....,. _ _ _ tltst proposed use)
~ be oee~~,pKs~ bf, v~-s.rc n~run~Uy ~•.~! ,N•v, cw.~ ~dn r /k S, !
^J ,4-~.
Current Zoning District:
Property Information:
Address or General Location: g.~U I` /~,r ,,.a ,,~~, ST ~.. ,,,~,~ jx
Tax Account No.:___ 03 U ~C~ d 2 s~ ~ 3
Subdivision:
Lot: 81ock:
PROPERTY OWNER 1NFORMA770N*; if there are multiple property owners, please list on a separate
sheet of paper and attach to this application.
NAME I ~ ~- ~X per' , Ltd..
ADDRESS ! I 1 t' .v- p~,p,~, ~~ e,~ Sy~.~~ 1Zp Muat he the
CITY ~--~1~~-~¢A-~Q~t~,~ STATE t~iP ~ ro9 cownert at they
PHONE( 9__ y9_)~!- 2q - ~ r: ~y time of the
submittal of the
Fes( z~~1_ ~~ 9- 6 6 0 6 application, not
E-MAIL ADDRESS has the property
under contrail.
APPLICANT INFORMATION:
NAME~SS__ ~. ~kTv ~S ALL
ADDRESS __ l l l Car AV,r4.G.sl~r,~ 5 ~, }.~ tz tJ
CITY ~--A~ {t,~4- c, STATE C ZIP 4Z~_
PHONE ~l~ s!7_S - GGo~
FAXt S yg )~Z S - ~ I„ 0 6
E-MAIL ADDRESS ^'
LOCATION MAP
Conditional Use Permit
No. CUP2008-09
N 0 300 600 Feet
l i i i l I
W~E
5
Map Prepared on February 26, 2008
Exhibit "B"
Location Map
Ordinance No. 2000CUP-11
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 775.81
State of Texas
Brazoria and Harris Counties
Exhibit "C"
Publications
Ordinance No. 2000CUP-11
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 ~~ 2 7 20 ~
... No. ~ Date 20
No. Date 20
No. Date 20
No. Date 20
~1
CFO
Subscribe and sworn to before me thas ~ day of
20~_
r~oooo
~'' °`'~~ LAi1i~A ANN EMMONS
~'~'. Notary Public, State of Texas
't.o,a*b My Commissign Expires 09-09-2010
Laura Ann Emmons, Publisher
Notary Public, State of Texas
CUP ac~~-c~5
Puabhed Feb. 2~ and
MardrS, 2008
NOTICE. OF A JOINT
PUBLIC HEARING. OF
THE CfiY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
CONDITIONAL U8E
PERMR NO. CUP2000-09
Notk~e is hereby given that
on March 17, 2008, at 8:30
p.m., the tally CoUiicii and
Planning `and tonjng
Commission of the Clty of
Pearland, In Brazoria,
Harris and For4 Bend
Countles, Texas, win con-
duct a joint public hearing
in the Counal Chambea
of City Hall, located at
3519 Liberty Drlw,
Pearland, Texas, on the
request of USC Expre:e,
LLG, owner, .for approval
of a Conditional Use
Permit fora "mini-ware-
house and self storage"
facility in the General
Business Retail District
(GB), on the following
described property, to wit:
4.6133 acres, being Lot
"C' of W. C. Propetties, a
subdivision situated in
Section 85 of the H.T. &
B.R.R. Company Survey,
.Abstract 304, City of
Pearland, Brazoria
County, Texas (Generelty
Located on the North Side
of FM 518 (Broadway
Street), and Approximately
400 Feet East of Miller
Ranch Road)
At said hearing all interest-
ed parties shall have .the
right and opportunity to
appear and be heard on
the subject.
Isl Theresa Gratxrrarrn
Senior Planner
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. f Date J •~ 20
~~ ~ No. ~ Date 20
No. Date 20
No. Date 20
No. Date 20
Y .,~
~~ !AURA ANN EMMONS
• ~ Notary Public, State of Texas
N'+>EO,.~~' My Commission Expires 09-09-2010
Subscribe and sworn to before me this
20
CFO
day of
~aura~n'"Emmons, Publisher
Notary Public, State of Texas
C~~ P o~C~G ~-4~i
craw a, ~rv~ro
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMI881ON
OF THE CITY OF
PEARLANa, TEXAS
CONDITIONAL USE
HERMIT N0. CUP2008.09
Jotice is hereby given that
m March 17, 2008, at 8:30
~.m., the City Couna(and
Tanning and Zoning
Commission of the City of
Pearland, in Brezoria,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in t#ro Counal Chambers
of City Hall, located at
3519 Liberty Drive,
Paerknd, Texas, on the
recruet of USC Express,
LI.C, owner, for approval
of a Conditional. Use
Perrnft fora "mini-ware-
house and self storage"
facility in the General
Business Retail District
(GB), on the. following
desalted Property, to wit:
4.6133 saes, being Lot
°C' of W. C. Properties, a
subdivision situated in
Section 85 of the H.T. ~
B.R.R. Company Survey,
Abstract 304, City of
Pearland, Brazoria
County, Texas (Generelry-
Located on the North Side
of FM 5.18 (Broadway
Street), and Approximately
400 Feet East of Miller
Ranch Road)
4t said hearing all interest-
ad parties shall have the
fight and opportunity to
appear and be heard on
the subject.
lsl Theresa Grahmann
Serrfor Planner
Exhibit "D"
P 8~ Z Recommendation Letter
Ordinance No. 2000CUP-11
1 1 1 1
a~ o~ om~sslo~
Recommendation Letter
March 18, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-09
Honorable Mayor and City Council Members:
At their regular meeting of March 17, 2008, the Planning and Zoning Commission
considered the following:
A request by USC Express, LLC, owner, for approval of a Conditional Use Permit
fora "mini-warehouse and self storage" facility in the General Business Retail
District (GB), on the following described property, to wit:
Legal Description: 4.6133 acres, being Lot "C" of W. C. Properties, a
subdivision situated in Section 85 of the H.T. & B.R.R.
Company Survey, Abstract 304, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the North Side of FM 518 (Broadway
Street), and Approximately 400 Feet East of Miller Ranch
Road
Commission Member Capehart made a motion to recommend approval of the
conditional use permit request, which was seconded by Commission Member Gooden.
The motion to approve passed 5 - 0. The conditional use permit was recommended
for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
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