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Ord. 2000CUP-22 2008-10-27ORDINANCE NO. 2000CUP-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, SHOWN AS OF LOT TWELVE (12), BLOCK TWENTY (20) OF PEARLAND TOWNSITE, ACCORDING TO THE MAP OR PLAT RECORDED IN VOL. 29, PG 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND A PART OF TRACT 3 OF SECTION 2, OF THE H. T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 542, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, CONTAINING 16,462.7 SQ. FT. OR 0.3779 ACRE OF LAND, 2418 SOUTH MAIN STREET, (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-22), TO ALLOW OUTDOOR STORAGE IN THE OLD TOWNSITE GENERAL BUSINESS DISTRICT (OT-GB); AT THE REQUEST OF THOMAS D. RASBERRY, APPLICANT AND 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, Thomas D. Rasberry, applicant and 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 22"d day of September, 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 22"d day of September, 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 Thomas D. Rasberry, ORDINANCE NO. 2000CUP-22 applicant and owner, whereby the Commission recommended approval of the Conditional Use Permit, with conditions, 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 October 13, 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 Thomas D. Rasberry, applicant and 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 OLD TOWNSITE GENERAL BUSINESS DISTRICT (OT-GB), is hereby granted a Conditional Use Permit to ALLOW OUTDOOR STORAGE; such property being more particularly described as: of lot twelve (12), block twenty (20) of Pearland Townsite, according to the map or plat recorded in vol. 29, pg 41, of the deed records of Brazoria County, Texas, and a part of tract 3 of section 2, of the H. T. & B. Railroad Company survey, abstract 542, city of Pearland, Brazoria County, Texas, containing 16,462.7 sq. ft. or 0.3779 acre of land (Located on 2418 South Main Street). 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-22 ORDINANCE NO. 2000CUP-22 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 27th day of October, 2008. ~~ r REID MAYOR Page 3 of 4 Ord No 2000CUP-22 ORDINANCE NO. 2000CUP-22 ATTEST: ,,°QEARt,q,~ V,:~4.:: ~.. UNG I G, M ='- ': TY S RETAR `~,`~ APPROVED AS TO FORM: ~~.._-.:_ ~ cam---- DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-22 Exhibit "A" Application Ordinance No. 2000CUP-22 CUP APPlJCATION Page 1 of 4 (Updated May 2008) City of Pearland :; _ APPLICATION FOR Comm3523 Liberty Drive ~___~ ~ A CONDITIONAL USE Pearland, TexasC77581 PERMIT (CUP) 281 652-1 02 fax www.atyofpearland.com Conditional Use Permit Request for:_ i .~ ! ._ ~ ~'~p}^~ ~ ,,1-~ (Ist proposed use from the !e of Uses of the UOC} Current Zoning District: ~ I ~ ~a ~Vti a~ l ~~ (S Property Information: ,,M Address or General Location of Property: ~ ~ ~ ~, / ~ tCL I r~I Tax Account No. '7 V~' /~ 5 - l~ c~7 (a o~ - ©(~ O Subdivision: Pear (0.vta I ~u~n ~ ~ ~~° Lot: 1 ~.. 81ock: ~ A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME ~ . ~., ADDRESS 1, CITY ~° Z STATE~C _ZIP 7 7 :S ~/ APPLICANT INFORMATION: NAME ~-~, Q.~.YV1 ADDRESS CITY STATE Z!P PHONE( aSl 1 _ ~r0 -.35 ~g PHONE~~ FAX(,x ~ I 1 3 Fp,X(~T) E-MA{L ADDRESS S f `te~E-MAIL ADDRESS •Property owner must be the current owner of the property at the Ume of submittal of the appffcation, and not the parry that has the property under contract. As owner and applicant, I hereby request approval of the above described request as provided for by the Unfied Development ode of the City of Pearland. Owner's Signature: Date: ~~--~~,~-Q Agent's Signature: Date: I PAID: ~~~~ I DATE ~ , (~ ~O.J RECEI~ RECEIPT PA{D: 00 I RYA ~~A. wtwtccv• I Application No. (J (~ FJ ~~~ ~ - a~ Letter of intent far storage container at 2418 S. Main I would like a permit for a storage container on my property at 2418 S. Main , Pearland, Tx. The proposed use of the container will be to store products for use in my business .The square footage of the container will be approx. 160 square feet. The container will be on the south side of my existing building. The existing building is approx. 140' off 5. Main, with Whataburger on the north side, the railroad on the west side, and a vacant lot on the east and south sides. Thank You Tom Rasberry Exhibit "B" Location Map Ordinance No. 2000CUP-22 AFFIDAVIT OF pU g Exhibit "C" Publications Ordinance No. 2000CUP-22 The Pearland Reporter News =__ .2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd' lulorrow, hereby certify that the notice hereby appended. was ublished in THE REPORTER NEWS, a newspaper of general circulation in Brazoria Harri and Galveston Counties for s issues, as follows: No. ~ Date _ ~ ~ 20 ~~ ~~ ..No. Date 20 No. Date 20 No. Date 20 No. Date 20 ~/`"i /~1~.1 CFO Subscribe and sworn to before me this 20~ ~.; ~~ ~~~,~f~~ ~~~~ ; ~i .,... .c:~~~; ~ ...' ~~ 4NXa~'~:. _~. ,. `s ~~it~, Laura Ann Emmons, Publisher Notary Public, State of Texas PubNah~d Sept. 3 and Sept. 10.2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMIS- SION OF THE CITY OF PEARLAND,TEXAS CONDITIONAL USE PERMR N0. CUP2008- 22 Notlce .lit- hereby. given that on September 22, 2008, of 6:30 p:m., the Council and Planning -and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City HaN, located at 3519 Liberty Drive, Pearland, Texas, on the request of Thomas D. Rasberry, applicant and owner, for approval of a Conditional Use Permit to allow outdoor storage in the Old Townsite General Business District (OT GB), on the following described property, to wit: Of lot twelve (12), bock twenty (20) of Pearland . Townsite, according to the map or plat recorded in vol. 29, pg 41, ofthe deed records of Brazoria County, Texas, and a part of tract 3 of section 2, of the H. T. & B. Railroad Company survey, abstract 542; city of Peartand, Brazoria County, Texas, containing 16,462.7 sq. ft. or 0.3779 acre of land (Located on 2418 South Main Street). A7 said hearing, all inter- ested parties shall .have the right and opportunity to appear and be heard on the subject. Late Krbtx~arao PlanMng Director 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 ublish in THE REPORTER NEWS, a newspaper of general circulation in Brazoria ed and Galveston Counties, for _ ,Harris ~ issues, as follows: No. / Date -___ ~ - /0 20 ~_ ,. „ .No. Date 20 No. Date No. Date - No. Date 20 20 20 i~~ . CFO Subscribe and sworn to before me this_ ~~ day of 20~_ Laura Ann Emmons, Publisher . - ,, ;~ .~-:, ~ Notary Public, State of Texas ~~P~o~~~ Pu~NsMd SaaFtt. 3 end Sept. 10.2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY .COUNCIL AND THE •PLANNING AND ZONING COMMI& 81bN OF THE CRY' OF PEARLAND,TEXAS CONDITIONAL : U8E PERMR N0. CUPZ008- Notice la .hereby given that on 3epamber 22, 2008,. 8t 8131) p.m., the C9y Coundi'drd Planning and Zoning L~ommlealon of the CHy d l~arlend; 13razorie,: FiYeitf tend Forf Bend Coundds, Texas, will. .conduct tli Joint public hearing in the Coundl Chambers of City Hall, IoceWad N 3519 Liberty Drive, Pearland, Texas, on the request of Thomas D. Ra:berry, appNcant and owner, for approval of a Conditional Use Permit ~ 811ow ot~oor storage in theme lowngite Gene-al Business District `(OT- GB), on the following described Property, to w1t: t)f bt twelve (12), bock twenty (20) of Pearland Tawnske, according to the map or plat recxxded in vol. 29, pg 41, of the deed records of Brazoria County, Texas, and a part of tract 3 of secction 2, of the H. T. & B. Railroad Company survey, abstract 542, city of Pearland, Brazoria County, Texas, containing 16,462.7 sq. ft. or 0.3779 acre of land (Located on 2418 South Main SUeet). At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subjsc;t. Leta I(riatxrereo Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000CUP-22 Planning & Zoning Commission Recommendation Letter September 23, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Conditional Use Permit No. CUP2008-22 Honorable Mayor and City Council Members: At their regular meeting of September 22, 2008, the Planning and Zoning Commission considered the following: A request of Thomas D. Rasberry, applicant and owner, for approval of a Conditional Use Permit (CUP) to allow outdoor storage in the Old Townsite General Business District (OT-GB), on the following described property, to wit: LEGAL DESCRIPTION: Of lot twelve (12), block twenty (20) of Pearland Townsite, according to the map or plat recorded in vol. 29, pg 41, of the deed records of Brazoria County, Texas, and a part of tract 3 of section 2, of the H. T. & B. Railroad Company survey, abstract 542, city of Pearland, Brazoria County, Texas, containing 16,462.7 sq. ft. or 0.3779 acre of land. GENERAL LOCATION: 2418 South Main Street. Commission Member Charles Gooden made a motion to recommend approval of the conditional use permit request, which was seconded by Commission Member Jerry Koza. The motion passed 7-0. The conditional use permit request was recommended for approval by the Planning and Zoning Commission with the following conditions. Page 1 of 2 1. The vegetative screen be comprised of shrubs, planted 3' on center and at least 4' tall at planting, and eventually maintained at a sufficient height and opacity to completely obscure the structure on the east and south sides. 2. Storage unit be painted to match the color of the building and meet all other requirements of the UDC, including those for accessory buildings. Sincerely, Lata xrishnarao Lata Krishnarao, Planning Director On behalf of the Planning and Zoning Commission Page 2 of 2