Ord. CUP2015-02 2015-04-27Ordinance No. CUP 2015-02
An ordinance of the City Council of the City of Pearland. Texas, approving a
Conditional Use Permit (CUP) to allow for a Mini-Warehouse/Self
Storage Facility. for certain property, being all of Lot 1 of Pearland Senior
Village, as recorded in Doc. #2010012628 of the Brazoria County Plat
Records in the H.T. & B.R.R. Co. Survey, Abstract No. 242 in Brazoria
County, Texas. (General location being the southwest corner of
Broadway Street and Brownstone Place, Pearland, TX), Conditional Use
Permit Application No 2015-02, within the General Business (GB) zoning
district, at the request of BGE Kerry R. Gilbert and Associates. applicant: on
behalf of Glass 518 Joint Venture. owner: containing a savings clause, a
severability clause. and an effective date and other provisions related to the
subject.
WHEREAS, BGE Kerry R. Gilbert and Associates, applicant; on behalf of Glass
518 Joint Venture, owner; is requesting approval of a Conditional Use Permit (CUP) to
allow for a Mini-Warehouse/Self Storage Facility on approximately 4.5496 acres of land
on the following described property; said property being legally described in the legal
description attached hereto and made a part hereof for all purposes as Exhibit "A," and
more graphically depicted in the vicinity map attached hereto and made a part hereof for
all purposes as Exhibit "B"; and
WHEREAS, on the 16th day of March 2015, 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 16th day of March 2015. the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit to allow for a Mini-Warehouse/Self Storage Facility on
approximately 4.5496 acres of a land, 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 13th day of April 2015
and the 27th day of April 2015; 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 BGE Kerry R. Gilbert and Associates. applicant: on behalf of Glass
518 Joint Venture, owner; for approval of a Conditional Use Permit on approximately
4.5496 acres of land to allow for a Mini-Warehouse/Self Storage Facility; 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 City
Limits of the City of Pearland, Texas, and presently being located within the General
Business (GB) zoning district, is hereby granted a Conditional Use Permit to allow for a
Mini-Warehouse/Self Storage Facility. subject to all requirements of the GB zoning
district and the site plan attached hereto and made a part hereof for all purposes as
Exhibit "E", in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
incorporated for all purposes, such property being more particularly described as:
LEGAL DESCRIPTION: Being all of Lot 1 of Pearland Senior Village, as
recorded in Doc. #2010012628 of the Brazoria County Plat Records in the H.T. &
B.R.R. Co. Survey, Abstract No. 242 in Brazoria County, Texas.
GENERAL LOCATION: Southwest corner of Broadway Street and Brownstone
Place, Pearland, TX
Page 2 of 10
Ord. No CUP 2015-02
Subject to the following conditions:
1. Staff requests that the applicant add a landscape calculation table to the site
plan in order to enable staff to ensure all landscaping requirements are met.
2. Staff requests that the applicant add additional landscaping, consisting of a
continuous hedge or berm, to the western boundary of the property to screen
buildings from adjacent uses.
3. All proposed fencing in all yards and buffers will be wrought iron and will be
shown on the provided site plan.
4. A note shall be added to the site plan stating that there will be no metal
buildings on site.
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 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 for consideration and decision.
Section 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.
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.
Page 3 of 10
Ord. No CUP 2015-02
Section VI. This Ordinance shall become effective after its passage and approval on
second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of April,
2015.
ATTEST:
Lav
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of April, 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 10
Ord. No CUP 2015-02
Ord. No. CUP2015-02
Exhibit "A"
Exhibit A
Legal Description
Being all of Lot 1 of Pearland Senior Village, as recorded in Doc. #2010012628 of the
Brazoria County Plat Records in the H.T. & B.R.R. Co. Survey, Abstract No. 242 in
Brazoria County, Texas
Page 5 of 10
Ord. No CUP 2015-02
Ord. No. CUP2015-02
Exhibit "B"
Exhibit B
Vicinity Map
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AERIAL MAP
CUP No. 2015-02
Corner of Broadway
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Page 6 of 10
Ord. No CUP 2015-02
Ord. No. CUP2015-02
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of February 26, 2015.
C
7.
Publisher's Representative
Sworn to and subscribed before me this ,1-4 day of / C �L�CL/lt%2015.
Notary Public
My commission expires on
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MARILYN ZARATE
Notory Public. Stcte of Texos
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My Commission Expires
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September 07, 20113
NOTICE OF A JOINT PUBLIC HEARING OF THE CRY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CRY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NO: CUP 2015-02
Notice is hereby given that on March 16, 2015 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 Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of BGE
Kerry R. Gilbert and Associates, applicant; on behalf of Glass 518
Joint Venture, owner; for approval of a Conditional Use Permit (CUP)
to allow for a Mini-Warehouse/Self Storage Facility located within
the General Business (GB) zoning district on approximately 4.5496
acres of land, to wit:
Being all of Lot 1 of Pearland Senior Village, as recorded in Doc.
#2010012628 of the Brazoria County Plat Records in the H.T. &
B.R.R. Co. Survey, Abstract No. 242 in Brazoria County, Texas.
General Location: Southwest corner of Broadway Street and
Brownstone Place, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information, please contact the Planning Department at 281-652-1765.
lan Clowes
Senior Planner
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NO: CUP 2015-02
Notice is hereby given that on March 16, 2015 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 Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of BGE
Kerry R. Gilbert and Associates, applicant; on behalf of Glass 518
Joint Venture, owner; for approval of a Conditional Use Permit (CUP)
to allow for a Mini-Warehouse/Self Storage Facility located within
the General Business (GB) zoning district on approximately 4.5496
acres of land, to wit:
Being all of Lot 1 of Pearland Senior Village, as recorded in Doc.
#2010012628 of the Brazoria County Plat Records in the H.T. &
B.R.R. Co. Survey, Abstract No. 242 in Brazoria County, Texas.
General Location: Southwest corner of Broadway Street and
Brownstone Place, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information, please contact the Planning Department at 281-652-1765.
Ian Clowes
Senior Planner
Page 7 of 10
Ord. No CUP 2015-02
Ord. No. CUP2015-02
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
March 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-02
Honorable Mayor and City Council Members:
At their regular meeting on March 16, 2015, the Planning and Zoning Commission
considered the following:
A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of Glass
518 Joint Venture, owner; for approval of a Conditional Use Permit (CUP) to
allow for a Mini-Warehouse/Self Storage Facility located within the General
Business (GB) zoning district on approximately 4.5496 acres of land, on the
following described property:
LEGAL DESCRIPTION: Being all of Lot 1 of Pearland Senior Village, as
recorded in Doc. #2010012628 of the Brazoria County Plat Records in the H.T. &
B.R.R. Co. Survey, Abstract No. 242 in Brazoria County, Texas
GENERAL LOCATION: Southwest corner of Broadway Street and Brownstone
Place, Pearland, TX
P&Z Commissioner Elizabeth McLane made a motion to recommend approval of the
CUP request with the following conditions:
1. Add a landscape calculation table to the site plan in order to enable staff to
ensure all landscaping requirements are met.
Page 8 of 10
Ord. No CUP 2015-02
2. Add additional landscaping, consisting of a continuous hedge or berm, to the
western boundary of the property to screen buildings from adjacent uses.
3. All proposed fencing in all yards and buffers will be wrought iron and will be
shown on the provided site plan.
4. A note shall be added to the site plan stating that there will be no metal buildings
on site.
The motion was seconded by P&Z Commissioner Derrick Reed. The vote was 5-0 and
the motion was approved. Commissioners Reed, Starr, McLane, Fuertes, and Duncan
all voted in favor of the requested CUP.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 2015-02
Ord. No. CUP2015-02
Exhibit "E"
Exhibit E
Site Plan
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