Ord. 2000CUP-18 2008-06-09 Passed to a Future AgendaORDINANCE N0.2000CUP-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR
CERTAIN REAL PROPERTY, LOCATION BEING 6.00 ACRES OF LAND,
APPROXIMATELY, BEING A PORTION OF LOTS 37A, 37B, ABSTRACT
542, AND TRACTS 36A-36C1, ABSTRACT 233, H.T. & B.R.R.
COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF STATE
HIGHWAY 35 (MAIN STREET), AND ON THE SOUTH SIDE OF HALIK
ROAD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
16), TO ALLOW FOR THE FOLLOWING USES: CONSTRUCTION
CONTRACTOR WITH STORAGE YARD; MACHINERY SALES,
STORAGE, AND REPAIR; MOVING AND STORAGE COMPANY;
PRINTING COMPANY; OFFICE WAREHOUSE STORAGE AND SALES;
OUTSIDE STORAGE; STORAGE OF USED LUMBER AND BUILDING
PRODUCTS; TOOL AND MACHINERY RENTAL; WELDING SHOP;
WAREHOUSE AND DISTRIBUTION FACILITY; IN THE GENERAL
COMMERCIAL DISTRICT (GC); AT THE REQUEST OF WILL BENSON
OF THE NATIONAL REALTY GROUP, APPLICANT FOR HIEP PHAM,
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, Will Benson of The National Realty Group, applicant for Hiep Pham,
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 19th day of May, 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
ORDINANCE N0.2000CUP-18
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 30"' day of May, 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 Will Benson of The National Realty
Group, applicant for Hiep Pham, 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 Ciry Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on June 9, 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 Will Benson of The National Realty Group, applicant for Hiep Pham,
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 Ciry of Pearland, Texas, and presently classified as General Commercial District
(GC), is hereby granted a Conditional Use Permit to allow for the following uses:
construction contractor with storage yard; machinery sales, storage, and repair; moving
and storage company; printing company; office warehouse storage and sales; outside
storage; storage of used lumber and building products; tool and machinery rental;
Page 2 of 4
Ord No ZOOOCUP-18
ORDINANCE N0.2000CUP-18
welding shop; warehouse and distribution facility; such property being more particularly
described as:
6.00 acres of land, approximately, being a portion of Lots 37A, 37B, Abstract
542, and Tracts 36A-36C1, Abstract 233, H.T. & B.R.R. Company Survey, City of
Pearland, Brazoria County, Texas (Generally Located on the East Side of State
Highway 35 (Main Street), and on the South Side of Halik Road)
Section II. The City Council of the City of Pea~iand 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
Page 3 of 4
Ord No 2000CUP-18
ORDINANCE NO. 2000CUP-18
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 day of , 2008.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-18
REQUEST OF ENVIRONMENTAL SERVICES GROUP, INC.,
APPLICANT FOR AIRGAS SPECIALTY GASES, 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.
Mr. Nick Finan, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION -FIRST AND ONLY
READING OF ORDINANCE NO. 2000CUP-18 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, LOCATION BEING 6.00 ACRES OF LAND,
APPROXIMATELY, BEING A PORTION OF LOTS 37A, 376,
ABSTRACT 542, AND TRACTS 36A-36C1, ABSTRACT 233, H.T. &
B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
STATE HIGHWAY 35 (MAIN STREET), AND ON THE SOUTH SIDE
OF HALIK ROAD), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-16), TO ALLOW FOR THE FOLLOWING USES:
CONSTRUCTION CONTRACTOR WITH STORAGE YARD;
MACHINERY SALES, STORAGE, AND REPAIR; MOVING AND
STORAGE COMPANY; PRINTING COMPANY; OFFICE
WAREHOUSE STORAGE AND SALES; OUTSIDE STORAGE;
STORAGE OF USED LUMBER AND BUILDING PRODUCTS; TOOL
AND MACHINERY RENTAL; WELDING SHOP; WAREHOUSE AND
DISTRIBUTION FACILITY; IN THE GENERAL COMMERCIAL
DISTRICT (GC); AT THE REQUEST OF WILL BENSON OF THE
NATIONAL REALTY GROUP, APPLICANT FOR HIEP PRAM, 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.
Mr. Nick Finan, Assistant City Manager.
Will Benson, applicant for Ordinance No. 2000CUP-18, asked that Consent Agenda
Item C be removed from the Consent Agenda and passed to a future agenda.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to adopt
Consent Agenda Items A through C with the exception of item C, as presented on the
Page 3 of 10 - 6/9/2008
Consent Agenda.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, Kyle, and Cole.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA
As requested by the Applicant, Consent Item C, Ordinance No. 2000CUP-18, will be
passed to a future Agenda.
NEW BUSINESS
Mayor Reid with concurrence of Council moved the New Business Item No. 4.
COUNCIL ACTION -RESOLUTION NO. 82008-79 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE 2007 ANNUAL
REPORT FOR TAX INCREMENT REINVESTMENT ZONE #2. Mr. Bill Eisen, City
Manager.
Councilmember Saboe made the motion, seconded by Mayor Pro-Tem Beckman, to
approve Resolution No. 82008-79.
City Manager Bill Eisen stated each year the Tax increment Reinvestment Zone No. 2
(TIRZ No. 2) submits an Annual Report. This the 2007 Annual Report and after being
approved by Council, the report will be approved by all governing bodies of each
participating entity.
Sue Darcy, Marsh Darcy Partners, Inc., stated this is the tenth anniversary for TIRZ No.
2 and continued to provide Council with a detailed explanation of the 2007 Annual
Report.
Drew Pelter, Shadow Creek Ranch, provided Council with an update on the progress of
the Shadow Creek Ranch Development including residential, commercial, and road
projects.
Discussion ensued between Council, Gary Cook, Shadow Creek Ranch, and Sue
Darcy, Marsh Darcy Partners, Inc., regarding TIRZ No. 2.
Voting "Aye" Councilmembers Cole, Kyle, Beckman, Saboe, and Owens.
Voting "No" None.
Page 4 of 10 - 6/9/2008
Exhibit "A"
Application
Ordinance No. 2000CUP-18
City of Peariand
., ~~
APPLICATION FOR Comm3523DLIbertvDrive
(Community Center)
-~ ~ A C H A N G E I N ZONING Peariand, Texas 77581
281-652-1768
281-652 1702 fax
www.cityofpearland.com
Current Zoning District: ~C- Q''d'1S
Proposed Zoning District: t, ~~~ ~(~P~
Property Information:
Address or General Location of Property: '{' f (~ • Z2 / ~-c,~ s c.f
sH
Tax Account No.
Subdivision: Lot: Block:
A Complete
Application
must include
all of this
information:
^ Fee (see Zoning Change Feo Schedule)
[~'~ Legal Description and/or Survey of the Property
[r 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 propert}r; if a PD is
requested, see PD Format and Guidelines)
PROPERTY~LLOWNER INFORMATION:
NAME fTr`Ei° P~A~ , Tn1C
ADDRESS 5"/D3 [~~~~~„~ ~, ~' /D~
CITY f~ca/'(a.,nrl STATE~~ZIP 7Sb'
PHONE(,_~
FAX(+)
E-MAIL ADDRESS
APPLICANT INFORMATION: ~t+- ~°`~~
NAME ~ ~ ~ +~'~ (~t1so10
ADDRESS Sl Zo !Vc ~f~.~ s7~ ct:140
CITY {-~oJS'fU-•~ STATE_~t_ZIP ?7040
PHONEC 713 t gSG ' /moo
FAX( ~ ! 3 ) F1S(o _ S! a O
E-MAIL ADDRESS w f!I ~ fnr` ,~e.T
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Peariand.
Owners Signature: p Date:
l~~ignature: O".ki. !"~.: Date: 3 - Z`~• flY
O
LOCATION MAP
Conditional Use Permit
No. CUP2008-16
0 300 600 Feet
N liiil I
W~E
5
Map Prepared on April 30, 2008
Exhibit "B"
Location Map
Ordinance No. 2000CUP-18
Exhibit "C"
Publications
AFFIDAVIT OF PUBL. _,. _ o:d; ance No. 2000CUP-18
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. I Date 'T " .~d 20 ~~
No. Date 20
No. Date 20
" ~ No. Date 20
No. Date 20
~~
CFO
Subscribe and sworn to before me this ~ y of
20~.~ ~~,,~ L.AUr~A ANN ~.MM
.~~~ ~
Notary ?uhlrc, Stat o e
~~rrEO`i,~ ~y Commission Expire 9-09 010
Laura Ann Emmons, Publisher
Notary Public, State of Texas
PrrbCalled AqN 30, and
May 7, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND
BONING COMMISSION
OF THE CITY OF
PEARLAND,TEXAS
CONDI'CIf~NAL USE
PERMR N0. CUp2008-16
Nonce is hereby given that
on May 19, 2008, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in the Council Chambers
of City Hall, located at
3519 ~ Liberty Drive,
Pearland, Texas, on the
request of Will Benson of
The National Reaity
Group, applicant for Hiep
Pham, Inc., owner, for
approval of a Conditional
Use Permit for the follow-
ing uses: construction
contractor with storage
yard; machinery sales,
elorage, and repair; mov-
irrp and dtape company,
printing company; office
warehouse storage and
sales; outside storage;
storage of used lumber
and building products; tool
and machinery rental;
welding shop; warehouse
and distribution facility; in
the General Commercial
District (GC), on the fol-
lowing described property,
to wit;
6.00 acres of land, approx-
imately, being a portion of
Lots 37A, 37B, AbsUact
542, and Tracts 36A-
36C1, Abstrect 233, H.T. ~
B.R.R.. Company Survey,
City of Peariand, Brazoria
County, Texas (Gerwrally
Located on the East Side
of State Highway 35 (Main
Street), and on the South
Side of Halik Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be hearcl on
the subject.
Thenw Gratunann
Senlor Plarxrer
AFFLDAVIT OF PUBLICATION
The Pearland Reporter News ~ ~-~.
2:404 South Park
Pearland, Texas 77.581
State of Texas
~ d
Brazoria and Harris Counties
1, 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 ~ ^
20 ~J
No. ~ Date 20
No. Date 20
No• -Date 20
No: Date 20
~~
coo
Subscribe and sworn to before me this
20
~--
Laura nn Emmons, Publisher
Notary Public, State ~of Texas
~~,~P ~~~~ C~Paoo~.-14~
Published AprN 30, ~
May 7, 2008
NOTICE OF A ,106!7
PUBLIC HE/-~NG OF
TIIE cmr
AND THE R
AND ZONING COMNNS'
OF PEARLAND, TF-~S
CONDITIONAL USE
PERMIT N0. CUP200&16
Notice is hereby given that
on May 19, 2008, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, .~,: Brezoria,
Hams ~~nd= "~9~ Bend
Counties, Texas, vri0 con-
duct aJoint public hearing
in the Council Chambers ,
of City Half, located at
3519 Liberty Drive,
Peariand, Teicas, on the .
request of Will Benson of
The National Realty
Group, applicant for Hiep
Pham, Inc.,. owner, for
approval of a Cont lllttonal
Use permit for the follow-
m9 uses: corrstnxxion
a~traidbr with storage
tnactrinery sales,
atorape, and repair, ~.
NW and storage oozy;
printing company; office
warehouse storage and
sales; outside .storage;,
storage of used lumber
and building products; tool
and machinery rental;
welding shop; warehouse
and distribution facility; in
the General Commercial
District (GC), on the fol-
lowing described property,
to wit: 6.00 acres of land,
approximately, being a
portlon of Lots 37A, 37B,
Abstract 542, and Tracts
36A-3601, Abstract 233,
H.T. !3~` B.R.R. Company
Survey, City of 'Pearfand,
Brazoria County, Texas
((ierr~allya~.oCe~ on the
East. ~~Slde of ' Stele
Highway 5 (Main Street),
and on the South Side of
Halik Road)
At said hearing all interest-
`f ed parties shall. have the
right and opportunity to
appear and. be heard on
the subject.
Theresa Grahmann
Senior Planner
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000CUP-18
Playing & Zoning Commn~ission
Recommendation Letter
May 30, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit. No. CUP2008-16
Honorable Mayor and City Council Members:
At their regular meefing of May 19, 2008, the Planning and Zoning Commission considered the
following:
A request by Will Benson of The National Realty Group, applicant for Hiep Pham, Inc.,
owner, for approval of a Conditional Use Permit for the following uses: construction
contractor with storage yard; machinery sales, storage, and repair; moving and storage
company; printing company; office warehouse storage and sales; outside storage;
storage of used lumber and building products; tool and machinery rental; welding shop;
warehouse and distribution facility; in the General Commercial District (GC), on the
following described property, to wit:
Legal Description: 6.00 acres of land, approximately, being a portion of Lots 37A,
37B, Abstract 542, and Tracts 36A-36C1, Abstract 233, H.T. 8
B.R.R. Company Survey, City of Pearland, Brazoria County,
Texas
General Location: Generally Located on the East Side of State Highway 35 (Main
Street), and on the South Side of Halik Road
Commission Member Koza made a motion to recommend approval of the conditional use
permit request, which was seconded by Commission Member Capehart. The vote was 5 - 2.
Commission Members Gooden and West voted against the motion to approve. The conditional
use permit request was recommended for approval by the Planning and Zoning Commission.
Sincerely,
~Fieresa A. Grahma~an
Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission
Page 1 of 1