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Ord. 2000CUP-26 2009-01-26ORDINANCE NO. 2000CUP-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND BEING LOT 9, BLOCK "F", OF THE TOWN OF PEARLAND, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 41 OF THE DEED RECORD OF BRAZORIA COUNTY, TEXAS (LOCATED AT 2117 NORTH HOUSTON AVENUE), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-01, TO PERMIT A GARAGE IN OLD TOWNSiTE MIXED USE (OT-MU) DISTRICT, AT THE REQUEST OF WILLIAM AND MARJORIE BALDY, APPLICANTS AND OWNERS, 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, William and Marjorie Baldy, applicants and owners, 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 mare graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 19t" day of January, 2009, 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 19t" day of January, 2009, 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 William and Marjorie Baldy, applicants and owners, whereby the Commission recommended approval of the ORDINANCE NO. 2000CUP-26 Conditional Use Permit, with the following conditions, 1. The garage to be used to park personal vehicles, 2. No commercial activity on site, and 3. Vehicles to be parked inside the existing garage with no outdoor parking. 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 26th day of January, 2009; 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 William and Marjorie Baldy, applicants and owners, 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 Mixed Use (OT- MU) District, is hereby granted a Conditional Use Permit to allow a garage; such property being more particularly described as: BEING Lot 9, Block "F", of the Town of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the deed record of Brazoria County, Texas (Located at 2117 North Houston Avenue) With the following conditions: Page 2 of ~ Orc! No 20000UP-26 ORDINANCE NO. 2000CUP-26 1. The garage to be used to park personal vehicles, 2. No commercial activity on site, and 3. Vehicles to be parked inside the exiting garage with no outdoor parking. 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 Gity 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 Page 3 of 4 Ord No 2000CUP-26 ORDINANCE NO. 2000CUP-26 to be read on two (2) separate occasions be hereby waived. PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 26t" day of January, 2009. TOM REID MAYOR ATTEST: e ~; Y N G I M = ~'~~ C SE RETARY ~~~~~ APPROVED AS TO FORM: ~~~ ~~ DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-26 Exhibit "A" Application Ordinance No. 2000CUP-26 CUP APPLICATION Page 1 of 4 (Updated May 2008) City of Pearland :..~ . ,~ Community Development . ~..~~ APPLICATION FOR 3523 Liberty Drive (Community Center) ~'r~~__s_~~ A CONDITIONAL USE Pearland, Texas 77581 _.,, - ~,. PERMIT (CUP) 281-65261702 fax www.cityofpearl and.com 7 Conditional Use Permit Request for:,•~A~K'~'% Cv j p1- ~~~~~ ~o ~ (list proposed use from the Table of Uses of the UDC) /~j>'~ 5-S~ir,~ ar C'f', ~ ~ ~ T,Qc~ck s o ~ _ ~sf 7-~i~.,~ p2~ ~~~ To-f1 ~'fl,~i~c~ ~y Current Zoning District: O ~~ /L) Lf Property Information: Address or General Location of Property: ~ /~~ ~~' /~y~IST~'"~ Tax Account No. .Z 3 ~ j2 Subdivision: ~e~s~/~~~1 Lot: / Block: ~" A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAMELUII/llr~ T'/~J/jY~pii~ /,f/<<~y~ ADDRESS ~/I/y Gv/ng r/3i~ L G//,rY CITY C'~3~~~?~~~ STATE TX ZIP 7~S 8~ PHONE( fl1 ) ~Ig9'" ~1~~ ~ FAX( ~/ 3) 9 S~6 - S O % .S~ E-MAIL ADDRESS F%P.F ~.r~19~52 ~ /~oC'~cz',~, APPLICANT INFORMATION: NAME S~'T~i'~ ADDRESS. CITY STATE ZIP PHONE(_~ FAX(_~ E-MAIL ADDRESS, `Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract. 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 Pearland. Owner's Signature: ~i/ ~ . Date: /~- / ~ ~ U~t Agent's Signature: Date: OFFICE USE ONLY: ~ cL, I DATE PAID: REC BY: Application No. C~ ~ ~ 66cj .~ Exhibit "B" Location Map Ordinance No. 2000CUP-26 'ICI, '~ (_ ~ i ~- ~~ ~1 II 1 ~ II 7 (I ~. y ,I ~, : , I~ ,~ ~~ , ~_ ~~ ~~ . i ~i ICI _.1 ~ '+ ' ~±'r-~ f" --I ~I I~ l.. ~ Y 'I ~'~:~, C~ ~ _~ '~~ s' --+- ~, r., -1 it ~~~. •I~ '~'{hti ,` I. i . ~~ . ~- :_ P1 ~ ' ~ 1-' ~~' i.. ,~ . ~~ .~. r ~~ 1•-, ' r~ %r ~ ~ r~ a.~ ~ ~~~~ • ~ _ ~ r ~ r, ~, - ~ ~ -_ ~. ~~~~ _ _ !-, . = er '. I ~ _ r, ---t F-- -= .~~ li ~_ I I, ; _ . 'I t i =:':1~ .1 Y.S a~ ~ I . I I '~ { I ~. I I I '~, '~ 'I LOCATION MAP T CONDITIONAL USE PERMIT 2009-01 NORTH 2117 N. HOUSTON AFFIDAVIT OF PUBLIC The Pearland ~eporfier News 2404 South Park Pear6and, Texas 77581 tote of Texas razoria and Harris Counties Exhibit "C" Publication Ordinance No. 2000CUP-26 Lloyd' Morrow, hereby certify that the notice hereby appended was ubli I THE REPORTER NEWS, a newspaper of general circulation in Brazoriahed rid Galveston Counties, for / ,Harris issues, as follows: No. / ®ate ~-~ .3 ~ O~ „ 20 ~~ ~ "No• Date 20 No. Uate 20 . No. ®ate 20 No. ®a.te . 20 ~ ,~ CFO ., ubscribe and sworn to before l~ne this- ~~ day of ~ O:Q.~_ ~~'~`~`'¢~, LAURA ANN EMMONS Notary Public, State of Texa 'r~o•~`°MyCommissionExpires09-09-20 uraAnn Emmons, Publisher Notary Public, State of Texas C.~ a~e~1_ ©i Published December 31, 2008 and January 7, 2009 NOTICE OF A JOINT At said hearing, all inter- PUBLIC HEARING OF ested parties shall have THE CITY COUNCIL the right and opportunity AND THE PLANNING to appear and be heard AND ZONING COMMIS- on the subject. SIGN OF THE CITY OF PEARLAND, TEXAS Lata Krishnarao Planning Director CONDITIONAL USE PERMIT N0. CUP2009- Notice is hereby given that on January 19, 2009, 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 conduct a joint public hearing in the Community Center of City Hall, locat- ed at 3523 Liberty Drive, Pearland, Texas, on the request of William and Marjorie Baldy, applicants and owners, for approval of a Conditional Use Permit to permit a garage in General Business Old Townsite Mixed Use (OT- MU) District, on the fol- lowingdescribed property, to wit: Lot 9, Block "F", of the Town of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the deed record of Brazoria County, Texas. (2117 North Houston Avenue.) 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 ublished .n THE REPORTER NEWS, a newspaper of general circulation in Brazoria Harris ~.nd Galveston Counties, for / ' issues, as follows: No. ~ ~~ - Date ~G~ h ~ 20 ~ ~~ .N o~ Date , 20 No. _ _ Date 20 No. _ Date 20 No. Date . 20 CFO Subscribe and sworn to before me this ~ day of 20~_ ~`~~~` LAURA ANN _ Notary Public ~'r.o~~t' My Commissionfix~ mmons, Publisher Notary Public, State of Texas ~~Q agog- O Published December 31, 2008 and January 7, 2009 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 PERMIT N0. CUP2009- 01 Notice is hereby given that on January 19, 2009, 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 conduct a joint public hearing in the Community Center of City Hall, locat- ed at 3523 Liberty Drive, Pearland, Texas, on the request of William and Marjorie Baldy, applicants and owners, for approval of a Conditional Use Permit to permit a garage in General Business Old Townsite Mixed Use (OT- MU) District, on the fol-' lowing described property, ~ to wit: i Lot 9, Block "F", of the Town of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 0+ the deed record o~ Brazoria County, Texas. (2117 North Houston Avenue.) At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Lata Krishnarao Planning Director Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000CUP-26 1 1 1 1 a~ln anin ~nlmiss~on Recommendation Letter January 20, 2009 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2009-01 Honorable Mayor and City Council Members: At their meeting of January 19, 2009, the Planning and Zoning Commission considered the following: Request of William and Marjorie Baldy, applicants and owners, for approval of a Conditional Use Permit to permit a garage in Old Townsite Mixed Use (OT-MU) District, on the following described property: LEGAL DESCRIPTION: Lot 9, Block "F", of the Town of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41 of the deed record of Brazoria County, Texas. GENERAL LOCATION: Located at 2117 North Houston Avenue. Commission Member Susan Sherrouse made a motion to recommend approval of the Conditional Use Permit (CUP) to permit the use of existing garage on the subject parcel to park vehicles of one ton capacity or less with the following conditions: 1. The garage to be used to park personal vehicles, 2. No commercial activity on site, and 3. Vehicles to be parked inside the existing garage with no outdoor parking. The motion was seconded by Commission Member Neil West. The motion passed by a vote of 6-0. Sincerely, Lata Krishnarao, AICP, Planning Director On behalf of the Planning and Zoning Commission Page 1