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Ord. 509-555 12-10-01ORDINANCE NO. 509-555 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 CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT TO ALLOW A SECOND PHASE OF MINI -STORAGE WAREHOUSES ON THE FOLLOWING PROPERTY, BEING LOT 1, BROADWAY WEST SUBDIVISION, OUT OF LOT 20, ALLISON RICHEY GULF COAST COMPANY'S SUBURBAN GARDEN SUBDIVISION AS RECORDED IN VOLUME 2, PAGES 107-108, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 98) (10401 BROADWAY STREET) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF MICHAEL POLLOK, AGENT FOR 518 INVESTMENTS, LTD., OWNERS, 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. WHEREAS, Michael Pollok, agent for 518 Investments, Ltd., Owners, filed on September 26, 2001, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, 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; WHEREAS, on the 12'h of November, 2001, 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 thereto 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 13' day of November, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Michael Pollok, agent for 518 Investments, Ltd., Owners, whereby the Commission recommended and approved a change of classification for the property 1 ORDINANCE NO. 509-555 described in Exhibit "A" from its existing classification of Commercial District (C) to Commercial District - Specific Use (C(S)); and; WHEREAS, upon 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 a regular meeting on December 10, 2001, 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 Michael Pollok, agent for 518 Investments, Ltd.,Owners, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Commercial District (C) to is hereby for all purposes changed and reclassified as Commercial District - Specific Use Permit (C(S)); such property being more particularly described as: Lot 1, Broadway West Subdivision, out of Lot 20, Allison Richey Gulf Coast Company's Suburban Garden Subdivision as recorded in Volume 2, pages 107-108, Brazoria County Plat Records, Brazoria County, Texas (10401 Broadway Street) IL 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. 2 ORDINANCE NO. 509-555 III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, 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. 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 reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO. 509-555 PASSED, APPROVED, and ADOPTED on First Reading this 10 day of December , 2001. TOM REID MAYOR ATTEST: ge) PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10 day of December , 2001. ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY carni TOM REID MAYOR 4 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 5/9/00 / Change in Zoning Classification from: om to: 6MMa L 76 )ac/ fit /Asa ' b"' / vac Change in Regulations in Section #: Specific Use for: * //""), -0te bE Property address: /0 ye i /3ioaccao `r Lot: Block: 1 Subdivision: /3,°P-0 but Y /it/&S7 Metes & Bounds Description: / (unplatted property only; attach survey) t/ Tax I.D. number: 74,-649 0 5 /[4 - Current use of land: ,--7,"' ` 0 6 E 3 �ir.>/ �/%O.L pb CGMr1 GGl.oL FiG l Proposed use of land within requested designation: Record owner's name: 5 8 /N ✓.C-5�ML.� y S L✓-'T�D Owner's mailing address: _%-7 S7 So.-' /Z G JP& S - ZO `7 //0117, / X 770103 Owner's telephone number: 7 / 3 - -78%-52-&`e Agent's name: / l/C-Hp8 L. /it_z_c).74 Agent's mailing address: j,,`-) Agent's telephone number: 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 o roperties in my vicinity. 1 Owner's signature: Agent's signature: Fees paid: $ arj©_ t7 Date paid: CI - a iv Received by: VC\n-r Application number: Su Q?' SPECIFIC USE APPLICATION NO. 98 518 Investments, Ltd/Michael Pollok Citylimit 10401 Broadway Street AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 tate of Texas razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was. published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general recitation in Brazoria and Harris Counties, for / issues, as follows: No / Date /4 - 2•y No. Date No. Date No. Date No. Date Dscribe and sworn to before me this 0/ as 20 0) 20 20` 20 20 resident day of Cct ./ Notary Public, State o her if 0l exas born Cemmisslorcof`1ha City o Pearland, Brands Uerria and as i 5l en9 cgunpes T r I r ttlolN BAIvan to Otyliall, 19 Uber lit T9xas an hg (e11ue)11 of Mrchael Po IocK,' enf fpr 519 inveatgtabis,'L,ld, owner, (pt a Sptdietse Perm9 for Mini -storage unite following gibed WOO!,ta. 6.870 acres, op PLot Allison Rich If Coat Home Co' Sahabit Garden Sakti, H.T. & t;,fl. Co; Svi a `A304, as r ed^In Vol, 2, pas, 1Q7.100, ,plat records o1,piaxoTig 8Q.. TX (10401 Broadway !treat) :At said hearing all Interested entl enP paiaes «shall,harle t�lhe r) ttt �!�' a tteard;Ate sabj AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was;:published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria and Harris Counties, for / issues -as follows: No 7 . Date /0- 3/ 20..—L No. Date 20 No. Date 20 No. Date 20 No. Date 20 }scribe and sworn to before me this ernao .resident / day of n(v %ram I/ Wis • Nota C�c• c c• Public, State o her exas NOjI PUG Li0 AF'TNE cn>r `Atli HE PUNNING nQ. ; fy ga the 1$t ay of tl ( And -the Plenningaod- '.g Gommtestgn oftl}e' GttX'pf PearlafB Breton , Herds' and' Fort":@Vfd a GyY.w' aum.wn?y..rMZrwu, 35WUberty Drive, Peartend,.. Taus, on the request of Mighael Pollock, agent for gtd Inugents ,td' GIGlirtore,gliOn the f011oing dibed properly, to wit 14,70 acres, outirtof $0, Allison Richey Gulf Coast Home Obis Subttrp@n, Garden Subd., H.T. b_Oft,,: GrASur qy 4304,ae 100011* ett;in: Vol 2, pgs,.1(g ,8,. plat records OS_stre* TlG(10401 Brost At said . hei patties sli and 0Ppo}1il,. r bepeard ortt G November 13, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE APPLICATION NO. 98 Request by Michael Pollok, agent for 518 Investments, Ltd., owners for an amendment to the Land Use and Urban Development Ordinance of said City from Commercial District (C) to Commercial District — Specific Use (C(S)) to allow a second phase of mini -storage warehouses on the following described property, to wit: Lot 1, Broadway West subdivision, out of Lot 20, Allison Richey Gulf Coast Home Co.'s Suburban Garden Subd., as recorded in Volume 2, pg 107-108, Brazoria Co. Plat Records, Brazoria Co., TX (10401 Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on November 12, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Don Sederdahl with a second made by Commissioner Todd Iocco to forward Specific Use Application No. 98 to City Council for approval. It was noted by staff that the owner would have to meet facade requirements. Motion to approve passed 6 to 0. This is submitted for your consideration. Si cerel H Charles Viktorin, Chairman Planning & Zoning Commission