Ord. 2000CUP-20 2008-08-11ORDINANCE NO. 2000CUP-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 9.004 ACRES OF LAND, BEING
TRACT 53, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT
544, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET),
AND ON THE WEST SIDE OF JASPER ROAD), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2008-20), TO ALLOW FOR THE USE OF
"ALUMINUM COMPOSITE MATERIALS" FOR THE EXTERIOR FACADE
OF A BUSINESS LOCATED IN THE GENERAL COMMERCIAL DISTRICT
(GC); AT THE REQUEST OF G & G CONSTRUCTION, APPLICANT FOR
CLS PROPERTIES, INC., 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, G & G Construction, applicant for CLS Properties, Inc., 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 215 day of July, 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 315 day of July, 2008, the Planning and Zoning Commission
ORDINANCE NO. 2000CUP-20
of the City submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit application by G & G Construction, applicant for CLS
Properties, Inc., 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 August 11, 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 G & G Construction, applicant for CLS Properties, Inc., 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 Commercial District
(GC), is hereby granted a Conditional Use Permit to allow for the use of "aluminum
composite materials" for the exterior fagade of a business; such property being more
particularly described as:
9.004 acres of land, being Tract 53, out of the H.T. & B.R.R. Company Survey,
Abstract 544, City of Pearland, Brazoria County, Texas (Generally Located on
the North Side of FM 518 (Broadway Street), and on the West Side of Jasper
Road)
Page 2 of 4
Ord No 2000CUP-20
ORDINANCE NO. 2000CUP-20
The use of the property is subject to the following conditions:
1. The use of aluminum composite materials for the exterior facade is limited
to 35% of the entire facade.
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
Page 3 of 4
Ord No 2000CUP-20
ORDINANCE NO. 2000CUP-20
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 11~h day of August, 2008.
r/I~t~ ~
TOM REID
MAYOR
ATTEST
~ ,..,Q~ARCpyO,';.
a 4:` ~:,
a O, Ria
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Y NG F RM ` ~, y
Y S RETA ~ ~` -~~
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-20
Exhibit "A"
Application
Ordinance No.2000CUP-20
'I~EfA ~~' ,' ~ 1
APPLFCATtOhi FOR A
CONIDITtOt~(AL USE PERMtT
(CUP)
Page 1 of Application
Conditional Use Permit Request for:
Current Zoning District:
Property Information:
~r~r
Address or General Location: _'~ 7 I
Tax Account
City of Peadand
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-852-1788
261-652-1702 fax
www. c(tyofpearland. com
St~~'~k~c.t..o't ~`~n~vro f~~
-voo / - 1 1 a~
Lot: C) ~4- Z} )-( T-)- ,8 ~ 2 Block: Trq c f - S3
PROPERTY OWNER INFORMATION: If there are multiple property owners, please list on a separate
sheet of paper and attach to this application.
1vAME ~ ~ rv ~r '~~l ~S
_ ~c .
ADDRE$J$ ') f Y o ~~ S'~ Must be the
CITY_ 1 e• o./ ~ 4.,.. _ current property
STATE_ Tx Zlp 7~ / owner at the
PHONEc ag,) c]9 7 -- s-/ ~~ time of the
FAX o~-g l u ~S _ ~' submittal of the
~, 4 y application, not
E-MAIL ADDRESS the party that
has the property
under contract.
APPLICANT INFORMATION:
"" '--r-i°"' r°`'" STATES ZIP 7 ~ a-~~
PHONE ~) _ 391 - 9S'O )
FAx~ 3 9 1 - 9 go 'a-
E-MAIL ADDRESS .I S -~Ctz~.-{. ~a ~j ~ CoN$~{-V~u,,~~-j~.~~t .Cara-~
cvPaoog- ~o
LOCATION MAP
Conditional Use Permit W~E
No. CUP2008-20 s
Exhibit "B"
300 600 Feet
Map Prepared on July 7, 2008
Location Map
C~rdinanrP Nn 9000CUP-70
Exhibit "C"
Publications
AFFIDAVIT OF PUBL1~h,,v;rCeNo.20o0CUP-Zo
The Pearland Reporter News --
24Q4 -South Park
Pearland, Texas 77581
State o~ Texas
Brazoria and Harris Counties
I, Llmyd Morrow, hereby .certify that the notice hereby .appended. was- published
in THE REPORTER NEWS, a newspaper of general circulation in B[azoria, Harris
an¢ Calvestcan Counties, for
~ issues, as_follows:
No. ~ Date
... No. Date -
No. bate
- No. Date
No; Date
20
20
20
20
20
Subscribe and sworn to before me this
day of
20
x°
y ~±~' i ~,t Texas
d, ,
e.,-,,r.', , ~ , ,~ o~-m,~; r Laura qnn Emmons, Publisher
Notary Public, State of Texas
GAP ac~~ ao
Publhhed Juy 2 and Juy
9, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCILAND
THE PLANNING AND
ZONING COMMISSION
OF .THE CITY OF
pEARLAND,TEXA3
CONDTRONAL USE
PERMR NO. CUP2008-
ZO
NoBoe is hereby given that
on July 21, 2008, at 6:30
p.m., 0w City Counal and
PWrnirrg and Zoning
Carmtladon d 8M CMy of
Pprtaad, In Brezrnie,
Hartle and Fort Bend
Countles, texas; wln con-
duct a joint public hearing
in the Coundl Chemtiers
of City Hell, located et
3519 Liberty Drive,
Peerland; Ta%et, on the
request of G 8 G
Construdiorr, epplksnt for
CLS PropeAies, Inc.,
owner, for approval of a
Conditlorral Uae Pemrn for
the uae of'aluminumcam-
poene metedels' for the
exterior fagede of a busi-
ness located in the
General Commerdel
Dleeid (GC), on the fol-
bvring desalted propeAy,
town:
9.004 acres d land, being
Tred 53, out of the H.T. &
B.R.R. Company Survey,
Abstract -54'4, `City , of
Pearlt(gtl, ° Brezoda
Cottngir °1Pxas (flgne(aly
on~te Nprih.S•-Ida
x 5 '. (Br~AY
- tf~At , a on the bleat
Side of Jasper Road).
At said hearing an irde[est-
ed perlies shall: have the
right and opportunny to
appear and be heard On
the subject.
Theraa Grahrtraan
tlarriof 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.
. No.
No.
No.
No.
Date /' q 20 ~_
Date 20
Date 20
Date 20
Date 20
J
CFO
Subscribe and sworn to before me this_ ~~ day of
20Q~ /~ /
~~~ j ~1nt r r ~ ~ , :e of Texas
>- , t:/ :. v ~.;~.. ,..:a Expires 09-09-'1070
'`~w.:..
Ann Emmons, Publisher
Notary Public, State of Texas
u~bMitad July 2 and Juy
9, NlDS
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CRY COUNCR AND
THE PLANNING AND
ZOMIN4 COMMISSION
OP :YNE CITY OF
PEpRCAND,TEXAS
CONDITIONAL USE
PERMR NO. CUP2888-
20
Notlce Is hereby gWen that
oe Juy 21, 2008, at 6:30
p.m., the Cly Council and
Planning and Zoning
Commleebn of the City pf
Peeda~d, in Brezorfe,
Herrla and Fbrt Bend
Countles, Texas, will con-
duct a Joint pubac heallrp
M the Coundl Chambers
of Cby Hall, located N
3519 Liberty Drive,
Pearlend, Texas, on ,the,
Corropuctlort, app'
~ p s, inc..
P
m
the uee of alwNnwn com-.
hype. ~"';Jor tt(~i
:of a
neae. I In the
to wit:
r; 9.004 acres of IAnd,
Tred 53,-dROi tlr9
•Abstred , `=City of
Peadehdr -"... ~{raZOQ
County, Texas (Generally"
Located on the Notth Side
of FM 518 (Broad,.~,,,yy,,,
Streetl arW~- on the "°P`~
Side o(Jasper Roed)
Ataeid hearing all Interest-
ed'paNes shall have
right. ynd bppgl{im
appeaf endzbe ,hea ~ ~~
the subject.
Tharew Grahmenn
Senbr~_
Exhibit "D"
P&Z Recommendation Letter
Ordinance 2000CUP-20
& Zoning Commission
Recommendation Letter
July 31, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-20
Honorable Mayor and City Council Members: -
At their regular meeting of July 21, 2008, the Planning and Zoning Commission considered the
following:
A request by G 8 G Construction, applicant for CLS Properties, Inc., owner, for approval
of a Conditional Use Permit for the use of "aluminum composite materials" for the
exterior facade of a business located in the General Commercial District (GC), on the
following described property, to wit:
Legal Description: 9.004 acres of land, being Tract 53, out of the H.T. & B.R.R.
Company Survey, Abstract 544, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the North Side of FM 518 (Broadway
Street), and on the West Side of Jasper Road
Commission Member Capehart made a motion to recommend approval of the conditional use
permit request, which was seconded by Commission Member Diggs. Then, Commission
Member Diggs amended the motion to limit the architectural metal to 35% of the fagade area,
and it was seconded by Commission Member West. The vote was 3 - 2 on the amendment.
The final vote on the original motion with the amendment was 5 - 0. The conditional use permit
request was recommended for approval by the Planning and Zoning Commission.
Sincerely,
~IJaeresaA. Crahmanzz
Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission
Page 1 of 1