Ord. 2000M-0049 2008-03-24ORDINANCE NO. 2000M-49
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 5.00 ACRES, ABSTRACT 506, H.T. & B.R.R. COMPANY
SURVEY, TRACT 6-7A-7E, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF HUGHES
RANCH ROAD (COUNTY ROAD 403), AND APPROXIMATELY 600 FEET
WEST OF LINDA LANE), (ZONE CHANGE APPLICATION NO. 2008-
06Z), FROM SINGLE FAMILY ESTATE DISTRICT (RE) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF DAVID
PEARLMAN, APPLICANT FOR CLASSIC SELF STORAGE LLC,
OWNER, 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.
WHEREAS, David Pearlman, applicant for Classic Self Storage LLC, owner, filed
an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for
approval of a change in the zoning district, 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 18th day of February, 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 28th day of February, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by David Pearlman, applicant for
ORDINANCE NO.2000M-49
Classic Self Storage LLC, owner, whereby the Commission recommended approval of
the change of classification for the described property from its existing classification of
Single Family Estate District (RE) to Planned Development District (PD), 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 10, 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 David Pearlman, applicant for Classic Self Storage 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 City
limits of the City of Pearland, Texas, and presently classified as Single Family Estate
District (RE) is hereby zoned to Planned Development District (PD), in accordance with
all conditions and requirements listed in the Planned Development (PD) Document, also
known as Exhibit "E" attached hereto and incorporated for all purposes, such property
being more particularly described as:
5.00 acres, Abstract 506, H.T. & B.R.R. Company Survey, Tract 6-7A-7E, City of
Pearland, Brazoria County, Texas (Generally Located on the North Side of
Hughes Ranch Road (County Road 403), and Approximately 600 Feet West of
Linda Lane)
Page 2 of 4
Ord No 2000M-49
ORDINANCE NO. 2000M-49
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 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.
Section 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.
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. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
Page 3 of 4
Ord No 2000M-49
ORDINANCE NO. 2000M-49
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of March,
2008.
ATTEST:
UN~CJF~FTIV~TI~MC
Y S CRETA Y
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24tH
of March, 2008.
ATTEST:
~-
NL7RFI~G,
CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
u-r,~
TOM REID
MAYOR
Page 4 of 4
Ord No 2000M-49
Exhibit "A"
Application
Ordinance No. 2000M-49
• APPLICATION FOR
~, ~. A CHANGE IN ZONING
Current Zoning
Proposed Zoning D
Property Information:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652 1702 fax
www. cityofpearland.com
Address or General Location of Property:
Tax Account No. lJS (/ G~
Subdivision: ~~~~ ~ _ 7~ ~ 7~ ~ Lot~y~ Block:
A Complete
Application
must include
-all of this
information:
^ Fee (see Zoning Change Fee Schedule)
^ Legal Description andlor Survey of the Property
^ Letter Explaining the Zoning Change Request in detail (specify the
existing zoning and why the zone change is being requested, current use
of the property, and the proposed use of the property; if a PD is
requested, see PD Format and Guidelines)
PROPERTY OWNER INFORMATION:
NAME S S a
ADDR SS C
CITY ~ STATE ZIP~~
RHONE ~ ~ ` ~ -Z S-~
E MAIL ADDRESS
APPLICANT INFORMATION:
NAME
ADDRESS -~ ~ F
CITY STATE~_ZIP_~77
PHONE(! ~ ~> !~~ ~ ~ ~-..SZ
FAX(, `~'~ 2- g r~~ l~
E-MAIL ADDRESS
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code ~f the City of Pearland.
Owner's
Date: % ~
Agent's Signature: Date:
Exhibit "B"
Location Map
..
SUBJECT
PROPERTY
a
B
0
Ordinance No
OOOM,49
L~CATI4N MAP
Zone Change
No. 2008-06Z
0 200 400 Feet
N l~i~l 1
W~E
S
Map Prepared on January 28, 2008
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit "C"
Publications
Ordinance No. 2000M~9
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 ~" ~~ 20 ~~~
~~ No.
No.
Date
Date
No. Date
No.
Date
20
20
20
20
CFO
000000
~t~ LAURA ANN EMMONS
Notary Public, State of Texas
"+T,o...F'' My Commission Explr ~9-2010
Subscribe and sworn. t ~ day of
20~_ -
Laura Ann Emmons, Publisher
. Notary Public, State of Texas
PubNshed Jan. 30 and
Feb. 8, 2008
NOTICE OF A JOINT
PUBLIC HEARING , OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE N0.
2 0 0 8 0 8' Z
Notice is hereby given that
on February T8, 2008, at
6:30 p.n1., ~e,City Cbuhdl
and,Plenning and Zoning
Commission of the `C'ity of
Pearland, in f3razoria,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public .hearing
in the Coundl Chambers
of City .Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of David
Pearlman, applicant for
Classic Self Storage LLC,
owner, for an amendment
to Ordinance No. 2000M,
the Zoning Map of the City
of Pearland, for approval
of a change in zoning dis-
trict from classification
Single Family Estate
District (RE) to Planned
Development District (PD),
on the following described
property, to -wit:
5.00 acres, Abstract 506,
H.T. & B.R.R. Company
Survey, Tract 6-7A-7E,
City of Pearland, Brazoria
County, Texas (Gerierally
Located on the North Side
of Hughes Ranch Road
(County Road 403), and
Approximately 600 Feet
West of Linda Lane)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
Isl Theresa Grahmann
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. ~ Date 20 S~
... No. ~ Date 20
No. Date 20
- No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this ~ day of
20~_
EMMONS
~ ~pUR.A ANN
~ ~' Notary Public, State of Texas
~~, ' ` is ~y Commission Expires 09-09-2010
+•.a.~•
Laura Ann Emmons, Publisher
Notary Public, State of-Texas
Published Jan. 30 and
Feb. 6, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE N0.
coos-osz
Notice is hereby given that
on February 18, 2008, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Paariand, in Brezoria,
Hams and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in fhe Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearlaad, Texas, on the
request of .David
Pearlman, applicant .for
Classic. SeS, Storage LLC,
owner, for an amendment
to Ordinance No. 2000M,
the Zoning Map of the City
of Peariand, for approval
of a change in zoning dis-
trict from classification
Single Family Estate
District (RE) to Planned
DeveloRment District (PD),
on the following described
property, to wit:
5.00 acres,. Abstract 506,
H.T.. & B.RR. Company
Survey, Tract 6-7A-7E,
City of Peariand, Brezoria
County, Texas (Generally
Located on me Nortl~ Side
of Hughes Ranch Road
(County Road 403), ,and
Approximatety 600 Feet
West of Linda Lane)
At said hearing all interest-
ed parties shall have he
right and opportunity to
appear and be heard on
the .subject.
Isl Theresa Grahmann
Senior Planner
Exhibit "D"
P 8~ Z Recommendation Letter
Ordinance No. 2000M,49
1 1 1 1
any ~~ om~sslo~
Recommendation Letter
February 28, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2008-06Z
Honorable Mayor and City Council Members:
At their regular meeting of February 18, 2008, the Planning and Zoning Commission
considered the following:
A request by David Pearlman, applicant for Classic Self Storage LLC, owner, for
an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland,
for approval of a change in zoning district from classification Single Family Estate
District (RE) to Planned Development District (PD), on the following described
property, to wit:
Legal Description: 5.00 acres, Abstract 506, H.T. & B.R.R. Company Survey,
Tract 6-7A-7E, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of Hughes Ranch Road
(County Road 403), and Approximately 600 Feet West of
Linda Lane
Commission Member Capehart made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Koza, with Staff's
comments as explained during the Joint Public Hearing and the Planning and Zoning
Commission Meeting. The motion to approve passed 7 - 0. The zone change was
recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1
Exhibit "E"
Planned Unit Development
Ordinance No. 2000M 49
PROPOSED
PLANNED DEVELOPMENT DISTRICT
5 acres
8909 HUGHES RANCH ROAD
Table of Contents
I. Introduction
A. Description of the Subject Property
B. Description of the Development
C. Size of the Subject Property
D. Purpose and Intent of the District
II. Zoning and Land Use
A. Existing Zoning
B. District to be Overlaid
C. Land Use
III. Design Standards
A. Applicable Standards and Exceptions
B. Other Requirements of the U.D.C.
C. Required Dedications
Appendix
A. Site Plan, pgs. 1 & 2
B. Aerial Photo
C. Sign
I. INTRODUCTION
A. DECRIPTION OF THE SUBJECT PROPERTY
The subject property is Tract 6-7A-7E of Abstract 0506, also
known as 8909 Hughes Ranch Road, Pearland, Texas. This
5-acre tract is now and has been aself-storage facility since
well before it was annexed into the city. It consists of an office
area, paved drives and multiple buildings divided into
individual storage units.
This site fronts on Hughes Ranch Road. It is noted that Hughes
Ranch Road may be widened in the future. The property is
bordered by single family residences on the west and north and
vacant land on the east. Wooden fencing on the adjacent
property separates the site from the residences on the west and
north side.
At some time after annexation this site and the surrounding area
was zoned RE. The new zoning caused the existing facility to
be anon-conforming use. The imposed post construction
zoning does not reflect highest and best use..
B. DESCRIPTION OF THE DEVELOPMENT
There are no proposed changes in use. The site is already
developed and permanent structures are in place. The front
setback from the property line may be reduced if Hughes Ranch
Road is widened. It is a stipulation of this proposed Planned
Development District that the property continue to be used as a
self-storage facility.
C. SIZE OF THE SUBJECT PROPERTY
The site is 5.00 acres and is entirely occupied by the office,
storage areas, and associated detention and landscaping.
D. PURPOSE AND INTENT OF THE DISTRICT
This Planned Development District is intended to permit and
protect the owner's and owner's successors' rights to continue
to operate aself-storage facility at this location. No other usage
for the site is permitted by the District.
The property is a modern, well constructed and attractive
facility that has served, and existed in harmony with, the
surrounding area since before annexation into the city. It
existed before the construction of the surrounding subdivisions.
It is currently listed on the appraisal roll at over 1.75 million
dollars.
This planned Development District is intended to ensure that if
facility is partially destroyed, it may be reconstructed as a self-
storage facility and that it may continue substantially in its
present construction and layout. This right will protect the
owner's 1.75 million dollar investment and provide sufficient
guarantees to any financial institutions lending money against
the property. The District is further intended to ensure that the
site may only be used as a self storage facility or it will revert to
the underlying zoning.
Although under the current zoning it would be possible to apply
for a zoning variance if the property were partially destroyed,
there is no entitlement to rebuild as aself-storage site. In case
of partial destruction of the property the only use permitted now
would be single family residences. Rebuilding as aself-storage
site would be conditioned upon the approval of the Zoning
Board of Adjustment. There is no guarantee that a future board
would approve such a request. Financial institutions require
certainty that their collateral be protected. Without this ability
the property loses over 90 % of its value.
II. ZONING AND LAND USE
A. EXISTING ZONING
This site and the surrounding area on all sides is zoned RE.
The property on the east side has been rezoned to permit a
church.
B. DISTRICT TO BE OVERLAID
The proposed district inc~luc(e~~ the ~ntir~ Ii~~~ acrLS ~~f~thc
subject ~~roperty. The underlying zoning for the entire district
is RE. This PD is limited. to the current. five acres as shown in
the attached survey/plan and will not be applicable to any
additional land in the fiiture.
C. LAND USE
The entire site is limited to use for self-storage and related
functions including the rental of storage units and mini
offices, wine storage lockers, trailer, RV and Boat storage
units, box and moving supply sales and moving truck and
supplies rental.
III. DESIGN STANDARDS
A. APPLICABLE STANDARDS AND EXCEPTIONS
The standards applicable to this Planned Development District
shall be the same as those applicable if the site were zoned GB
with a conditional use permit for self-storage with the following
exceptions:
1. If any purchase of Right-Of--Way for expansion of Hughes
Ranch Road shall reduce the existing Front Yard below the
required Minimum Front Yard of twenty-five feet (25'), the
minimum Front Yard shall be reduced to the distance remaining
after purchase.
2. On the west side of the site the Side Yard is a minimum of
twenty five feet (25') along the two buildings closest to the road
and eighteen feet (18') for the remaining buildings along the
west side and to the northern end of the property. On the
east side of the site the Minimum Side Yard is a minimum of
sixteen feet (16').
3. Fences and screening shall be the same as the existing
fencing and screening as shown on the attached "Site Plan".
There is already wooden perimeter fencing along the residential
developments on the west and north sides of the property but
the site has additional chain link fencing along the perimeter,
including the east side. Grass shall cover the Front Yard and
the Detention Area in the rear of the property which includes
the Rear Yard. Shrubs shall be planted on the front as seen on
the "Aerial Photo".
4. Parking shall be the same as the existing parking as shown
on the attached "Site Plan". There are currently six spaces in
the front.
5. Landscaped Open Area shall consist of the Front Yard, Side
Yards and detention area. All shall be covered with grass and
there shall be bushes along the front of the building as shown
on the attached "Aerial Photo".
6. Access shall be through the existing thirty foot (30') drive
as shown on the attached "Site Plan" and "Aerial Photo".
7. Two buildings front on Hughes Ranch Road. The exterior
wall of the office building facing the road and the wall of the
storage unit on the Southwest corner of the site facing the road
shall be one hundred percer~ii (1 ~0°f>) ma:~c717ry ~~r ~~l~i». .111
other sides shall be metal. The height of the buildings will be
8. Signage area shall not exceed the existing area of 68.75 sq.ft.
and a height of 8.25 ft. as shown in the attached survey/plan.
The existing sign will be maintained in the same size and
configuration, with minor repairs being permitted, and Signage
shall not include blinking, flashing, scrolling or any kind of
lighted or moving signage. Existing backlit illumination shall
be maintained.
9. Existing setbacks will be maintained as shown on the
attached survey/plan, and there shall be no further
encroachments on the existing setbacks. No development shall
be permitted in the detention pond area located in the rear yard,
as shown on the attached plan.
10. All outdoor storage shall be screened and contained within
the current area (behind buildings) shown on the survey/plan
and outdoor storage shall not be permitted along the outside
perimeter
B. OTHER REQUIREMENTS OF THE U.D.C.
All requirements of the Unified Development code will be met
~~r~lieti~ ~}~e~iricallti~ n~entio~~ed in the Planned De~~elopment. Al~
future improvements will meet the requirements of the Unified
Development Code.
C. REQUIRED DEDICATIONS
There are no required dedications of land or public
improvements. The site is already developed and in use.
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