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Ord. 509-376 11-08-99ORDINANCE NO. 509-376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT FOR A SELF STORAGE FACILITY (PARTIALLY CLIMATE CONTROLLED AND PARTIALLY NON -CLIMATE CONTROLLED BOAT AND R.V. STORAGE) ON THE FOLLOWING PROPERTY, TO -WIT BEING APPROXIMATELY 8.23 ACRES OUT OF AN 11.74 ACRE TRACT, PART OF LOTS 49 & 50, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A- 304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 813 & SPECIFIC USE PERMIT NO. 77) (CORNER OF FM 518 & CR 93) FROM CLASSIFICATION GENERAL BUSINESS TO GENERAL BUSINESS DISTRICT (GB) WITH A SPECIFIC USE (S) AT THE REQUEST OF JAMES JOHNSON, AGENT FOR W.C. PROPERTIES, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; 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, James Johnson, agent for W.C. Properties, Owners, filed on July 28, 1999, an application for a Specific Use Permit pursuant to Section 23 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a Specific Use Permit to allow a self storage facility (partially climate controlled and partially non -climate controlled boat and R.V. storage) upon a certain tract and parcel of land within the territorial limits of said City, such land being fully described in the original application for Specific Use Permit attached hereto and made a part hereof for all purposes as "Exhibit A"; and, WHEREAS, on the 11th October, 1999 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 1 publication being attached hereto and made a part hereof for all purposes, as "Exhibit B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 27th day of October, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed application of James Johnson, Owner, whereby the Commission recommended and approved the issuance of a Specific Use Permit to allow a self storage facility (partially climate controlled and partially non -climate controlled boat and R.V. storage) in a General Business (GB) District; and WHEREAS, upon the receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and concurred with the recommendation of the Planning and Zoning Commission, at its regular meeting on October 18, 1999; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, having been fully advised in the premises, finds that in the case of the application of James Johnson, Agent for W.C. Properties, Ltd., Owner, facts were presented which, in the judgment of the City Council, would justify the approval of said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: There is hereby issued a Specific Use Permit to allow a self storage facility (partially climate controlled and partially non -climate controlled boat and R.V. storage) on the following described property located within the corporate limits of the City of 2 Pearland, Texas, and presently classified as a General Business (GB) District Being approximately 8.23 acres out of an 11.74 acre tract, part of Lots 49 & 50, Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, according to the plat records of Brazoria County, Texas (Corner of FM 518 & CR 93) 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 and that no valid protest of the proposed change has been made. 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. III. The City Council of the City of Pearland finds and determines that the Specific Use Permit granted herein promotes the health, safety, morals, and general welfare of the public and is a proper valid exercise of the City's police powers. 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. 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. 3 VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509, and consistent with the approval herein granted for the issuance of a Specific Use Permit. 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, and the same is hereby waived. VIII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on the First and Only Reading this the 8th day of November , 1999. APPROVED AS TO FORM: Q—M. calk DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 October 27, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 813 Request of James Johnson, agent for W.C. Properties, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business District (GB) to Commercial District (C) on the following described property, to wit: Being approximately 8.23 acres out of an 11.74 acre tract, part of Lots 49 & 50, Allison Richey Gulf Coast Home Co. subdivision, Section 85, H. T. & B. R.R. Co. survey, A-304, according to the plat records of Brazoria Co., TX (Corner of FM 518 & CR 93) Honorable Mayor and Council Members: At a regular meeting held on October 18, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Vice Chairperson Tommy Scott and seconded by Commissioner Donald Glenn to recommend approval of Zone Change Application No. 813. Motion to approve passed 4 to 0. Per Council request this item is being presented again as Specific Use No. 77 for a self - storage facility (partially climate controlled and partially non -climate controlled boat and R.V. storage) to be considered as a first and only reading. This is submitted for your consideration. Sincerely, Planning & Zoning Chairperson CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 ic.rkcr.tl - xx Change in Zoning Classification from:Business tp: Commercial Change in Regulations in Section #: Specific Use for: ' +/- 8.23 Acres o/ ut o1f1 74 Acres at the Northeast corner of FM 518 and CR 93 Property address: Pearland, Texas Part of Lot Lot:49 and 50 Block: Allison -Richey Gulf Coast Home Company Subdivision Subdivision: Section 85,HT&B RR CO ABST. 3' Metes & Bounds Description: (unplatted property only; attach survey) See Attached Site Plan & Survey 760597037 Tax I.O. number. Proposed use of land within requested designation: Development of Self -Storage Facility that will have climate controlled, non -climate controlled and boat and R.V. storage to service the growing population of Pearland. Record owner's name: W.C. Properties Ltd. 16615 Sealark Owner's mailing address: Houston, Texas 77062 Owner's telephone number (281) 480-8801 Agent's name: James M. Johnson 900 Apollo Lane, Suite C Agent's mailing address: Houston, Texas 77058 Agent's telephone number: (281) 480-9600 PETITION: As owner/agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signature: o, . Agent's signature: ,�� Fees paid: $ aL� Date paid: ri 9 Received by: -yam pf Application number: 5. I 4 ZONE SO ZONE C RESERVE "D" 39 40 48 ZONE R-3 r all Fr 8 ce cc I / ZONE GB BROADWAY STREET GB GENERAL BUSINESS SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT C COMMERCIAL DISTRICT 0 ZONE SD ZONE SD CITY IJMff UNE City of Pearland, Texas W.C. PROPERnEB, LTD. ZONE CHANGE FR GBTOC •wk w.:81J malt SEPT., 1999 S"n Srd.EB. Seale Huai...3013. Gad Ws C. 1UM81NSOA W RW 99-8078A SHEET 1 Of 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this President Publisher Notary Public; State of Texas t '--NOTICE OF A JOINT'. C,,PUBLIC_HEARING_OF THE (CITY COUNCIL�AND'THE PLANNING AND -ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby iven that on the' 11th day, ;Of October, 1999, at 6:30 IVM p.m., the ; City Council and'the Planning and.Zoning Commission of the City of Pearland, Brazoria and Harris Counties, Texas will conduct's Joint Public Hearing, in/'ii the Council Chambers, ,City Hall,,3519 ' Liberty. Drive, Pearland, Texas, on. the request of James M.-Johnson, agent for W.C. Properties, Ltd., owner, for an ameridmeht.to.th"e Land 1'' ,, Use and Urban: Development ,Ordinance of said City from Classification lGeneraf LEGALS Business District (GB) to Commercial District (C) on the following des{ ribed property, to wit: ; Being approximately 8.23 LEGALS acres out of an 11.74 acre. tract, part of Lots 49 & 50, Allison Richey Gulf Coast Home Co. subdivision, Section 85;H. T. & B. RR. Co. surve , A-304, accordins to the plat records of Brazoria\ Co., TX (Comer of FM 518 & CR 93) • At said hearing all interested parties shall have the right and opportunity toappear and; be heard on the subject: Young Lorfing -City Secret' APPLICATION NO.813 f AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for issues, as follows: Subscribe and sworn to before .me this Notary. Public,.. State of Texas NOTICE-OFA JOINT --;�•---- _�� •:Y PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS _ !Notice is hereby given that on ' fthe .11th day of October, 1999, at 6:30 PM p.m., the I City Council and the Planning' 'and -Zoning -Commission -of the City of Pearland, Brazoria and Harris Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 j Liberty Drive, • Pearland, t Texas, on the request of . James M. Johnson, agent for + W.C: Properties, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from • Classification General Business District (GB) to. Commercial District (C) on the following described pro to wit: property, 1 Being approximately 8.23 acres out of an 11.74 acre tract, part of Lots 49 & 50 Allison Richey Gulf Coast' Home Co. subdivision, • Section 85, H. T. & B. RR, Co. sbNey, A-304, according to the plat records of Brazoria. Co., TX (Corner of FM 518 & CR 93) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Ldrfing - City Secretary I APPLICATION NO.813 1� , SAND DECLARING AN EMERGENCY BECAUSE THE NEED TOSTOP SierNS-A-T—INTERSECTIONS INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. V 01 Declaration of Emergency. The Council finds and determines that the need to 14,4L.0 , inures to the benefit of the public and, therefore, ears 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, and the same is hereby waived.