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Ord. 2000CUP-15 2008-04-28ORDINANCE NO. 2000CUP-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING THE FOLLOWING ADDRESSES: 1514 GARDEN ROAD; 1845 GARDEN ROAD; 2005 GARDEN ROAD; 2233 GARDEN ROAD; 2236 GARDEN ROAD; 2245 GARDEN ROAD; 2302 GARDEN ROAD; 2357 GARDEN ROAD; 2530 GARDEN ROAD; 1950 O'DAY ROAD; 1902 GARDEN ROAD, (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-14), TO ALLOW FOR INDUSTRIAL USES AS DESCRIBED IN THE LAND USE MATRIX FOR LIGHT INDUSTRIAL DISTRICT (M-1) AND HEAVY INDUSTRIAL DISTRICT (M-2); AT THE REQUEST OF THE CITY OF PEARLAND, APPLICANT FOR VARIOUS PROPERTY OWNERS ALONG GARDEN ROAD AND O'DAY ROAD; 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, the City of Pearland, applicant for various property owners along Garden Road and O'Day Road, 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 ORDINANCE NO. 2000CUP-15 WHEREAS, on the 18th day of April, 2008, 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 the City of Pearland, applicant for various property owners along Garden Road and O'Day Road, 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 April 28, 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 the City of Pearland, applicant for various property owners along Garden Road and O'Day Road, 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 Garden/O'Day Mixed Use District (G/O - MU), is hereby granted a Conditional Use Permit to allow for Industrial Uses as described in the Land Use Matrix for Light Industrial District (M-1) and Heavy Industrial District (M-2); such property being more particularly described as: 1514 Garden Road; 1845 Garden Road; 2005 Garden Road; 2233 Garden Road; 2236 Garden Road; 2245 Garden Road; 2302 Garden Road; 2357 Garden Road; 2530 Garden Road; 1950 O'Day Road; 1902 Garden Road Page 2 of 4 Ord No 2000CUP-15 ORDINANCE NO. 2000CUP-15 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 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. Page 3 of 4 Ord No 2000CUP-15 ORDINANCE NO. 2000CUP-15 PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 28th day of April, 2008. TOM REID MAYOR ATTEST: `, ,~Q~A~i,q~~;~,, ~`~•,m UN IN TR - ~_ ITY S RETARY ~ `~' APPROVED AS TO FORM: Qa,.~.=. /~C . DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-15 Exhibit "A" Application Ordinance No. 2000CUP-15 C4~~ Z Fs, •issn APPLICATION FOR A CONDITIONAL USE PERMIT (CUP) Page 1 of Application City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652 1702 fax www.cityofpearland.com Conditional Use Permit Request for: M- I ~ M- a IYLd~4t5fYi>~ G~.SPS gist proposed use) Current Zoning District: ~0. vole n - ~ ~ (~~ ~ M I X~'~ use ~ i 5 ~'Y i rf Property Information: Address or General Location: /5/~ harden k~Qcd ;T/$-~f-$'~lydPnl~arto~~ BOOS (~fitrd~r'+ I~Uu~; Tax Account No.: n1~ A a ~ 3:~ g'a rd Pn ~U~1 0l~ 3b f~l rd~n t20~~ J ,?~~5 C~t~~pn l~t~~ N~A X30:2 (~'arde n !; a35? ~-a.de,l R'o~.rl~ ~530~rc/P-r r <'c~~ Lot:_ N~A l`1500~Da~ ~'o 190aGi~ti'tcLc~t~'i~~-•~ Block: NJ A `~ ~ PROPERTY OWNER INFORMATION*: If there are multiple property owners, please list on a separate sheet of paper and attach to this application. NAME VC~t - ours Grope++~ Owr`eYs ADDRESS CITY STATE ZIP PHONE(_, FAX~~ E-MAIL ADDRESS APPLICANT INFORMATION: NAME C ~ ~ p -~ ~ t~-~v ~ ~'wt ADDRESS V CIN STATE IP PHONE( FAX( E-MAIL ADDRESS ` Must be the current property owner at the time of the submittal of the application, not the party that has the property under contract. LOCATION MAP Conditional Use Permit No. CUP2008-14 0 500 1,000 Feet N 1111 1 W~E s -Subject Properties Map Prepared on February 26, 2008 Exhibit "B" Location Map Ordinance No ~nnnrl IP_1~ Exhibit "C" AFFIDAVIT OF PUBL_ __ __or~~~euNo 2000CUP-15 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 l issues, as follows: No. ,. , No. No. No. No. ~J CFO Subscribe and sworn to before me this ~ day of 20~_ oooai ~ONS t,AURA ANN Nary pOblic, State of Texas ~~, . My Comm~sslon Expires 09-09'20 ~~f 0~~~ Date ~~ ~ 7 20 O Date 20 Date 20 Date 20 Date 20 Laura Ann Emmons, Publisher Notary Public, State of Texas C~,~.Paaa~-- ~ ~ PtrbNsNsd Feb.. 27 and Mangy 5,, 2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMM1881ON OF THE CITY OF PEARLAND, TEXAB 'CONDITIONAL USE PERMIT N0. CUP~08.14 Notice is hereby given that on March 17, 2008, at 8:30 p.m., the. City Councl and. Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Countles, Texas, will con- duct ajoint publ~ hearing in the Council Chambsa of City Hall, located at 3519 Liberty Driw, Pearland, Texas, on iM regwst of the City of Pearland, applicant for various property owners along Gallen Road and O'Day Road, for approval of a Conditional Use Permit for Jndustrlal Uses as described in the L4nd Use Matrix for ~~ ~1 Industrial Diatrict~ =1i and Heavy Industrial Distdd (M-2); on the fol- lowing described address- es: 1514 Garden Road; 1845 Garden Road; 2005 Garden Road; 2233 Garden Road; 2236 Garden Road; 2245 Garden Road; 2302 Garden Road; 2357 Garden Road; 2530 Garden Road; 1950 O'Day Road; 1902 Garden, Road At said hearing all Interest- ed parties shall have the .right and opportunity to appear end be heard on the subject. Isl Theresa Oralxramn Senior Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News -t- 2404 South Park Pearland, Texas 7.7581 - 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 f issues, as follows: No. Date ~~. No• ~ Date No. Date No. Date No. Date 3 - ~' 20 ~~ 20 20 20 20 ti.l CFO Subscribe and sworn to before me this. ~ da of C~~~c Y 20~.~ . ~ ~~"r'~ir AURA ANN ~MMON~S Notary Public, State of Texas 'r.o..~* My Commission Expires 09-09-2m Ann Emmons, Publisher Public, State of Texas Gv~.~ a©o~-~~ Published Feb. 27 and Maroh S, 2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT N0. CUP2008.14 Notice is hereby given that on March 17, 2008, et 8:30 p.m., the City Coundl and Planning and Zoning Commission of the City of Pearland, in Brezoria, Harris and Fort Bend Counties, Texas, will oon- dud ajoint public hearkrg in tirs Council Chambers of CMy Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of the City of Pearland, applicant for various property ownere abng Garden Road and .O'Day Road, for approval of a Conditional Use .Permit for Industrial Uses as desaided in the Land Use MaMx `for Light Industrial Distrlct`~ (M-1) anti Heavy Indust~al Dl3trict (M-2), on the fol- lowing described address- es: 1614 Garden Road; 1845 Oarden Road; 2005 Garden Road; 2233 Garden - Roed; 2238 GeMen Road; 2248 Garden Road; 2302 Garden Road; 2357 Garden Road; -2530 Garden Road; 1950 O'Day Road; 1902 Garden Road At said hearing all interest- ed parties ahaM have the right and opportunity to appear and be heard on the subject. lsl Theresa Gratrrrrarxr Senior Planner Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000CUP-15 Plaa~m~ing & 7~ning Commission Recommendation Letter April 18, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Conditional Use Permit No. CUP2008-14 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 the City of Pearland, applicant for various property owners along Garden Road and O'Day Road, for approval of a Conditional Use Permit for Industrial Uses as described in the Land Use Matrix for Light Industrial District (M-1) and Heavy Industrial District (M-2), on the following described addresses: General Location: 1514 Garden Road; 1845 Garden Road; 2005 Garden Road; 2233 Garden Road; 2236 Garden Road; 2245 Garden Road; 2302 Garden Road; 2357 Garden Road; 2530 Garden Road; 1950 O'Day Road; 1902 Garden Road Commission Member Gooden made a motion to recommend approval of the conditional use permit request, which was seconded by Commission Member Capehart. The vote was 5 - 0. The conditional use permit was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Page 1 of 1