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Ord. 2000CUP-36 2009-09-28ORDINANCE NO. 2000CUP-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON A PARCEL OF LAND CONTAINING 0.9960 ACRES (43,385 SQUARE FEET) MORE OR LESS BEING ALL OF LOT 2, BLOCK 1 ACCORDING TO THE PLAT OF THE PEARLAND ISD ADMINISTRATION BUILDING AS RECORDED IN FILE NO. 2008043425, OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS, SAID 0.9960 ACRE TRACT BEING OUT OF THAT CERTAIN TRACT CONVEYED BY WAL-MART REALTY COMPANY TO PEARLAND INDEPENDENT SCHOOL DISTRICT AS RECORDED IN FILE NO. 2005071503, OFFICIAL RECORD, BRAZORIA COUNTY, TEXAS, AND BEING SITUATED IN THE R.B. LYLE SURVEY, ABSTRACT NO. 542, BRAZORIA COUNTY, TEXAS, (LOCATED AT 1924 MAIN STREET), (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2009-12), TO PERMIT A RESTAURANT WITH A DRIVE THROUGH WINDOW IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT, AT THE REQUEST OF PAUL LACHANCE, APPLICANT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT, 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, Paul Lachance, applicant for Pearland Independent School District, 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 21th day of September, 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 ORDINANCE NO. 2000CUP-36 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 21th day of September, 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 Paul Lachance, applicant for Pearland Independent School District, 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 the 28th day of September, 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 Paul Lachance, applicant for Pearland Independent School District, 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 Light Industrial (M-1) Zoning District, is hereby approved a Conditional Use Permit to allow a Restaurant with a drive through window, in accordance with all the requirements of the Unified Development Code (UDC); such property being more particularly described as: Page 2 of 4 Ord No 2000CUP-36 ORDINANCE NO. 2000CUP-36 A parcel of land containing 0.9960 acres (43,385 square feet) more or less being all of lot 2, Block 1 according to the plat of the Pearland ISD Administration Building as recorded in File No. 2008043425, Official Records, Brazoria County, Texas, said 0.9960 acre tract being out of that certain tract conveyed by Wal-Mart Realty Company to Pearland Independent School District as recorded in File No. 2005071503, Official record, Brazoria County, Texas, and being situated in the R.B. Lyle Survey, Abstract No. 542, Brazoria County, Texas. (Located at 1924 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 taw 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. Page 3 of 4 Ord No 2000CUP-36 ORDINANCE NO. 2000CUP-36 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 28t" day of September, 2009. f~ TOM REID MAYOR ATTEST: ~~Q~,p,Rt,,gy '>..; Y NG R C `"' ~~.. C SE ETAR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-36 Exhibit "A" Application Ordinance No. 2000CUP-36 CUP APPUCATICM PaSe 1 oi~t (Updated ~blay 20081 ~...~ ~~: City of Pearland Communit Develo t :r ' y pmen APPLICATION FOR 3523 Liberty Drive ~ "~'"'~" ` !~ ~ r~%~r~ ~r~ (Community Center) A CONDITIONAL USE ._ ~:_ Pearland, Texas 77581 -~~~ '~~~~~ ' PERMIT CUP ? 25 8 - ( ) 281 65 02 fa www . ci t yo fpe a rl a n d . co m Conditional Use Permit Request for: Restaurant with Drive-in and or Drive-thru service (fist proposed use from the Table of Uses of the UOCt Current Zoning District: M-1 Property Information: Address or General Location of Property: 1924 idai n St. Tax Account No. _7F_O559961 Subdivision:~earland ISD Administration B1da.Lot: 2 l3lock: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME Pearland ISD ~,,,t~,(rl ~ (~,,(( ~_r~ ADDRESS_1928 N . Main T_`-~ CITY~parland STATES~ZIP 77581 PHONE(~~_),_/~85-3203 FAX( ) E-MAIL ADORESS APPLICANT INFORMATION: NAP.1E Paul Lachance ADDRESS PO Box 877 CITY Cl Ute STATE TX ZIP 77531 Pi-iONEf 979 )265-85Fi9 FAX( 979 ) 265-8570 E-btAll ADDRESSpaul @ksrestaurants.net 'Property owner must be the current owner of the property at the time of submittal of the application, and not the patty 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 Develop , ~nt Code of the/City of Pearland. Owner's Signature,~~ l~ ~~~~" Q /~~iGa.~S~ Date:_7--7-09 Agent's Signaturf~~ Date: 7-7-09 OFFICE USE ONLY: PA D ~ ~`'~~ to~ ~ PA DE b l'Z~t~ BYCEIV NUMBIER: ~_rSn L ~~., ~-P zmv R- ~ ~.-- A parcel of land containing 0.9960 acres (43,385 square feet) more or less being all of lot 2, Block 1 according to the plat of the Pearland ISD Administration Building as recorded in File No. 2008043425, Official Records, Brazoria County, Texas, said 0.9960 acre tract being out of that certain tract conveyed by Wal-Mart Realty Company to Pearland Independent School District as recorded in File No. 2005071503, Official Records, Brazoria County, Texas, and being situated in the R.B. Lyle Survey, Abstract No. 542, Brazoria County, Texas. 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J___.~_._.__-.,_~___,---2 - .~ s 3~ 3 ~ Y - ' ~~ ~ Exhibit "B" Location Map Ordinance No. 2000CUP-36 LOCATION MAP T CONDITIONAL USE PERMIT NO. 2009-12 NORTH LOCATED AT 1924 MAIN STREET, PEARLAND, TX Exhibit "C" AFFIDAVIT O F P U B L Publication Ordinance No. 2000CUP-36 The Pearland Reporter News 2404 Park Avenue 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. ~ Date ~ ~ ~ "No• Date No. Date No. Date No. Date 20 20 20 20 20 CFO ~ a • ~ Subscribe and sworn to before me this .~-~ day of 20~_ ~, 6=d~~ M1rU¢~ I.i4 P,~fE P6 ~~ \-(~c Notary Pul/f "r<~~„~` My Comr~~~ssion Emmons, Publisher Notary Public, State of Texas ~.~,~P~cu~.-1a 2009 2, NOTICE OF A JOINT PUBLIC HEARING. OF TtIE CI"F~` fflElNCIL ~ AND' THE PLANNING 'AND ZONING COM- MISSION OF THE CITY ~F PEARLAND, TEXAS CONDITIONAL USE PERIOi[ N0.2009.12 Notice is hereby given that on September 21, 200l;t, at 6:30 p.m., the City Council .and Planning end Zoning Commission :of the: City of Pearland, in Bra~ria, Harris-and Foit` Bend Counties, texas, will conduct' a joint .public hearing in the Cpuncll Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Paul LaCharxs3, applicant for Pearland ISD, owner, for approval of a conditional use permit in the Light Industrial (M-1) zoning district, on the following described property, to wit: A parcel of land contain- ing 0.9960 acres (43,385 square feet) more or less being all of lot 2, Bock 1 according to the plat of the Pearland ISD Administration Build'mg as recorded in File No. 2008043425, Official Records, Brazoria County, Texas, said 0.9960 acre tract being out of that certain tract conveyed by Wal-Mart Realty Company to Pearland Independent School District 'as recorded in File PJp. 2005071503, Official record, Brazoria County, Texas, and being situat- ed in the R.B. Lyle Survey, Abstract No. 542, Brazoria County, Texas. (Located at 1924 Main Street). At said hearing, aU inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Argegr Gar-tuoh Senior Plnxnr Exhibit "D" P8Z Recommendation Letter Ordinance No. 2000CUP-36 Planning & Zoning Commission Recommendation Letter September 24, 2009 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2009-12 Honorable Mayor and City Council Members: At their meeting of September 21, 2009, the Planning and Zoning Commission considered the following: A request of Paul Lachance, applicant for Pearland ISD, owner, for approval of a conditional use permit to allow a restaurant with a drive through window in the Light Industrial (M-1) Zoning District, on the following described property, to wit: LEGAL DESCRIPTION: A parcel of land containing 0.9960 acres (43,385 square feet) more or less being all of lot 2, Block 1 according to the plat of the Pearland ISD Administration Building as recorded in File No. 2008043425, Official Records, Brazoria County, Texas, said 0.9960 acre tract being out of that certain tract conveyed by Wal-Mart Realty Company to Pearland Independent School District as recorded in File No. 2005071503, Official record, Brazoria County, Texas, and being situated in the R.B. Lyle Survey, Abstract No. 542, Brazoria County, Texas. GENERAL LOCATION: 1924 Main Street, Pearland, TX. At the Planning and Zoning Commission meeting of September 21, 2009, Commissioner Ron Capehart made a motion to approve the CUP, and Commissioner Susan Sherrouse, seconded the motion. The vote was 7-0 in favor for approval of the CUP to allow a restaurant with a drive through window. The site plan is not approved as the part of CUP and needs to meet all requirements of the Unified Development Code. Sincerely, Angela Gantuah, Senior Planner Page 1