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Ord. 509-557 12-10-01 FailedFAILED 12/10/01 ORDINANCE NO.509-557 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 FOR A WAREHOUSE AND OPEN STORAGE ON THE FOLLOWING PROPERTY, BEING 4.69 ACRES, BEING LOT 7A, WHICH IS THE SOUTH 'h OF LOT 7, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SUBURBAN GARDENS, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, AS RECORDED IN VOLUME 111, PAGE 184, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 99) (2109 CULLEN BOULEVARD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF CLASSIC STORAGE, 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. WHEREAS, Classic Storage, Owner, filed on October 5, 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 19`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 4'h day of December, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Classic Storage, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its 1 Ordinance No. 509-557 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 Classic Storage, Owner, 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 to Commercial District - Specific Use (C(S)); for a Warehouse and open storage such property being more particularly described as: 4.69 acres, being Lot 7A, which is the South '/z of Lot 7, Allison Richey Gulf Coast Home Company Subdivision of Suburban Gardens, Section 19, H. T. & B. R.R. Company Survey, A-243, as recorded in Volume 111, page 184, Deed Records of Brazoria County, Texas (2109 Cullen Boulevard) 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 Ordinance No. 509-557 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 adopted herein promotes the health, safety, and valid exercise of the City's police powers. finds and determines that the amendment general welfare of the public and is a proper 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. 509-557 PASSED, APPROVED, and ADOPTED on First Reading this day of ATTEST: , 2001. YOUNG LORFING CITY SECRETARY TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2001. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 5/9/00 Change in Zoning Classification from: to: Change in Regulations in Section #: Specific Use for: * C — Jam` Property address: a 10 q eduLk,We n ua Pea r kit � gC,i 5 -7 7 S/ Lot: f 4-, logacre S Block: [ t . Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Current use of land: AJARi*OUj'e /oeri 6IZW 9( Rvro sure —Nevi nrt<l) vsel ✓erk-clo c designation:£eca-ea-rttoA/ ✓e/ cLe Same 'vew *z15 (( Proposed use of land within requested ono,. 17ScAee,/m w owner's name: CA —; OPF C2—H/4tlevae5 JENC(05oii 80/97 -e- , trVaselsRecord A-5 5 i C 0 ra 9 e, 'Pe v k Ltn it t. "y �COmPieltrY STDIQ A Owner's mailing address: g g 0 q Out) \<5 Qa ,dr,i iok �/ Qea r 1 a n ci I/ q,� 8/ `� — rp Owner's telephone number: 21 1_ LKS (o Agent's name: Agent's mailing address: 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 on properties in my vicinity. Owner's signature:, C� Agent's signature: Fees paid: $ re `z) a Date paid: I ©— 5-0 Received by: , A Si Application number: S CA.qq SITE i r m to 0 SPECIFIC USE APPLICATION NO. 99 Classic Storage 2109 Cullen Boulevard AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 tate 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/,. No. Date No. Date No. Date No. Date )scribe and sworn to before me this itrt 0911r tandgm} r�patM 2SNgq Commie n if ihl City t1f Plttan nraf" Hants as Prot `'B � WUfMa coals IV& gars PgIga ,Pr . deacmiiit qP., 4.@ Acres»Qt, M'�k1J;is the,,sojpi. 7�Ail1s?n,Rion tit: C 5 0.4 0,00OA 41- Co : niceimon ueMr moo (/WW Yoount)Larfng ""1� 3wuNOtaty , vier December 4, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE APPLICATION NO. 99 Request of Classic Storage, owner for an amendment to the Land Use and Urban Development Ordinance from classification Commercial District (C) to Commercial District -Specific Use (C(S)) for a Specific Use for a warehouse and open storage on the following described property, to wit: 4.69 acres, being Lot 7A, which is the South Y2 of Lot 7, Allison Richey Gulf Coast Home Co. Subdivision of Suburban Gardens, Section 19, H. T. & B. R.R. Co. survey, A-243, as recorded in Volume 111, pg 184, Deed Records of Brazoria Co., TX (2109 Cullen Boulevard) Honorable Mayor and Council Members: At a regular meeting held on December 3, 2001, after a Joint Public Hearing, which was held on November 19, 2001, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Vice Chairman Donald Glenn to forward Specific Use Application No. 95 to City Council for approval with no second. Motion failed. Another motion was made Commissioner Kevin McDonald to table Specific Use Application No. 99 with a second made by Commissioner Todd Iocco. Motion to table failed 2 to 4. Voting Record "Aye" — Commissioner Todd Iocco and Commissioner Robert Scherrer "No" — Chairman Charles Viktorin, Vice -Chairman Donald Glenn and Commissioners Russ Selemon and Kevin McDonald. Discussion ensued between the Commission and the owners of Classic Storage. Bobby Craig, owner explained that they are at 98% capacity in their existing building, and they are a critical point for time. Karen Craig, owner, explained that she has met with Pat Pounds and Emma Vaughn and they are willing to work with them. The Commission agreed that something much worse could go in under the existing "Commercial" zoning. Page 1 of 2 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 3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ;ulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. Date No. Date 20 No. Date 20 No. Date 20 No. Date 20 scribe and sworn to before me this o/ 2 day of Commission Expires 9-9-02 Specific Use Permit No. 99 . 7 2001, NOTICE ORALOINT PU4LIQHF.ABIf orr, NE COY CO, ar ;a'tri PLi1NNl s ,. COT�IMISSIO E CITY OFPEAR ND„TEJ AS NoUco is hereby A`Nen that on Nis '-19th'clot of November,_ ,apot. at$: 9.mm&lthe,p y Counpl and the Planning and p4�a:CIJy- �' 35l9 Liberty Dfire Padgnd; Texas •on he fepuesf'al Claoi le Storage, owner, for a' Spec* Ilse Penhltfor were. 1191Ma end 9peh steitto, .911 thg Moswng desc`ritiediprop: erty;tow1f. 4.59'$cres bang Lot 7A, whkhzta the 4818 * Lot' 7, Allison Rictfs'4feelf,;Coas1- (1iVisn of `p9 184 DiallB aorta of Snood, Co., TX kg1Q9 °Olen A parties -shall the right ep9dpp" Geis /s,YoungLOIN - Obi g{`='r SPg J APPUCATION A motion was made by Commissioner Robert Schemer to table Specific Use Application No. 99 until the Cullen Blvd Plan is finished, and Commissioner Todd Iocco seconded the motion. Motion to table failed 3 to 3. Votin_ _ Record "Aye" — Commissioners Robert Scherrer, Kevin McDonald, and Todd Iocco. "No" — Chairman Charles Viktorin, Vice -Chairman Donald Glenn, and Commissioner Russ Selemon. A motion was made by Vice -Chairman Donald Glenn to forward Specific Use Application No. 99 to City Council for approval, and Commissioner Russ Selemon seconded the motion. Commissioner Selemon pointed out that this request is in compliant with what the Commission has been discussing for the land use plan for Cullen Blvd. Motion to approve passed 5 to 1. Votive Record "Aye" - Chairman Charles Viktorin, Vice -Chairman Donald Glenn, and Commissioners Russ Selemon and Todd Iocco. "No" — Commissioner Robert Scherrer This is submitted for your consideration. cerely, _ �n H Charles Viktorin, Chairman P arming & Zoning Commission Page 2 of 2