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Ord. CUP2016-07 2016-04-25 Ordinance No. CUP 2016-07 An ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for self-storage facility in General Business (GB) zoning district, being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated in the H.T. & B.R.R. company Survey, Section 81, Abstract 300, Brazoria County, Texas, being the residue of Reserve "B", first amending plat of Southgate Section One, as thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas. (Located at the West side of Kirby Drive approximately 1,500 feet South of Broadway Street, Pearland, TX.) Conditional Use Permit Application No 2016-07, within the General Business (GB) zoning district, at the request of Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd., owner; is requesting approval of a Conditional Use Permit (CUP) to allow for self-storage facility on approximately 3.8662 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 281" day of March 2016, 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 28th day of March 2016, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit (CUP) to allow for self-storage facility on approximately 3.8662 acres of 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 11th day of April 2016 and the 25th day of April 2016; 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 Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd., owner; for approval of a Conditional Use Permit (CUP) on approximately 3.8662 acres of land to allow for a 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 (CUP) to allow for self-storage facility, subject to all requirements of the GB zoning district, in accordance with all conditions and requirements of the current Unified Development Code and the following conditions approved by the City Council and incorporated site plan attached hereto for all purposes as Exhibit "E" for all purposes, such property being more particularly described as: Legal Description: Being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated in the H.T. & B.R.R. company Survey, Section 81, Page 2 of 14 Ord. No CUP 2016-07 Abstract 300, Brazoria County, Texas, being the residue of Reserve "B", first amending plat of Southgate Section One, as thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas. General Location: West side of Kirby Drive approximately 1,500 feet south of Broadway Street, Pearland, TX. Conditions: 1. Building façade materials for facades visible from Kirby Drive shall be limited to no more than thirty percent (30%) stucco. 2. No permit shall be issued until the storm drainage pipe issues are resolved and written approval is received from the City and BDD4. 3. The total area of all wall signage shall not exceed 15% of the total area of the east building elevation (facing Kirby Drive). 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 Page 3 of 14 Ord. No CUP 2016-07 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 second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 11'1 day of April, 2016. r- ) 6-t'•49 TOM REID MAYOR ATTEST: \``�"'III,,,,'' Ai..... ,Al...1.4e ...■./..de_ ..—...1,1 :::- .:I 4 ti Y� NG ING,/ RM �' i\ • Y SEETAR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 251' day of April, 2016. CM:L-7 -?C-1--;.1). TOM REID MAYOR ATTEST: „�ltl if f,,,, Y�� G L• •�NG aM Z3 %\ . C SEC” TARP APPROVED AS TO FORM: re-) 4.....____./Y .6--r.,, DARRIN M. COKER CITY ATTORNEY Page 4 of 14 Ord. No CUP 2016-07 Exhibit A Legal Description Being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated in the H.T. & B.R.R. company Survey, Section 81, Abstract 300, Brazoria County, Texas, being the residue of Reserve "B", first amending plat of Southgate Section One, as thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01- 053025, Brazoria County, Texas. ,v Windrow Land Servkes 11A^Wir•si'!LW.UM"125 ' 1Mar,o.Tans 77047 Phone i 713)435.2761 raw(7t 21451.1111 Professional Development Consultants Lard Surveying.Notting,Project Iftnronmomot and WS Soovfc•5 Firm Rom s:raoon No 10108600 DESCRIPTION 3.8662 ACRES OR 168,411 SQUARE FEET A TRACT OR PARCEL CONTAINING 3.8662 ACRES OR 168,411 SQUARE FEET OF LAND SITUATED IN THE 11.1 d BKR COMPANY SURVEY. SECTION 81, ABSTRACT 100. BRAZORIA COUNTY TEXAS.BEING 111E RESIDUE OF RESERVE.'IT'.FIRST AMENDING PLAT OF SOUTIK2ATE SECTION ONE,AS THEREOF RECORDED UNDER VOLUME 24,PAGE 121, BRAZORIA COUNTY PLAT RECX)RDS,CONVEYED LINGO SOUTHEATE LTD. AS RECORDED IN IRA7i1RIA COUNTY CLERK'S FINE No.01431025,BEING DESCRIBED AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM.SOUTH CENTRAL ZONE.NAD63. BEXiINNLNG Al A POINT ON THE WEST RIGHT.M-WAY LINE OF KIRBY DRIVE(RO.W- WIDTH VARIES)AT THE SOUTHEAST CORNER OF A CALLED 4;703 ACRES,CONVEYED TO CITY OF PEARLAND AS RECORDED UNDER THE BRAZORIA COLRN-1'Y(1FRK'.S FI.E.No. 2006056892, 17tE NORTHEAST CORNER OF SAID RESERVE 'B' AND OF THE HEREIN DESCRIBED TRACT: 17IF:Nd .AUDNO SAID W'ESI RTCdTTAFWAY LINE OF KIRBY DRIVE,SOUTTI)1 I*LIRFTS 10 MINUTES 45 SECONDS WEST.A DISTANCE Of 791.16 FT-ET TO A POINT OF CURVATURE: THENCE.CONTINUING ALONG SAID WEST RIGHT'F-WAY LINE, WITH A CURVE TO WE LEFT,HAVING A RADIUS OF 1,850.00 FEET,IIAVD:O A CENTRAL.ANGLE OF 10 D*TIRFFS 36 MINUTES 37 SECONDS, AN ARC LENGTH OF 342.59 FEET, A CHORD BFARTNC AND DISTANCE OF SOUTH 25 DEGREES 52 MINUTES 27 SFSCnNUS WEST,342.10 FEET TO A NORTHEAST CORNER OF LOT I,BLOCK I.Al VIN INDEPENDENT SCHOOL O)I.DISTRICT HIGH SCHOOL 93. AS RECORDED UNDER PLAT No. 20130511108, BRAZORIA COUNTY PLAT RECORDS.A AND THE SOUTHEAST CORNF]I'ITIE HEREIN DESCRIBED TRACT: THENCE;ALONG THE COMMON BOUNDARY LINE OF SAID UM 1 AND SAID RESIDUE OF RESERVE'Tr,SOUTH$0 DEGREES 59 MINUTES 30 SECONDS WEST,A DISTANCE OF 20.19 FEET TO THE SOUTHEAST CORNER OF DRAINAGE.RIGHT41.WAY OF BRAZORIA COUNTY DRAINAGE DISTRICT 04 DITCH A-124-05470 AS RECORDED UNDER VOLUME 24,PAGE 123, RRAZORTA COUNTY PLAT RECORDS,BRAZORIA COUNTY P1 AT RFEORI3S, AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; TICENCF,NORTH 00 DEGREES CO MINUTES 00 SECONDS EAST.A DISTANCE OF 375.41 FEET TO THE.SOUTH CORNER OF RESTRICTED RESERVE"C'OF SAID FIRST AMENDING PLAT (N SOUTIIGATE SECTION ONE AND A WEST CORNEA OF SAID RESERVE'B'AND(N THE HEREIN DESCRIBED TRACI: THENCE,ALONG THE COMMON BOUNDARY LINE OF SAID RESTRICTED RESERVE'C' AND RESERVE"B',NORTH 31 DEGREES 10 MINUTE'S 45 SECONDS FAST,A DISTANCE LW 712.15 FEET TO 111E NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT THENCE,ALONG COMMON BOUNDARY LINE OF SAID CALLED 4.8701 ACRES AND SAID RESERVE'B". SOUTH 90 DEGREES W MINUTES 00 SECONDS EAST,A DISTANCE OF 210.39 FEET 10 THE PLACE OF BEGINNING CONTAINING 3.8662 ACRES OR 168,411 SQUARE FEET OF LAND,JOB No.52910.ZONF-EXII PREPARED BY WA'DROISE LAND SERVICES. uJc[KUnca PO 024146 E K OWsX1 8101 DATE REGISTERED PRGFFSSIONA1.'AND SURVi 000r" � TEXAS REGISTRATIONNo 5101 ,.a8uo'4 Page 6 of 14 Ord. No CUP 2016-07 Exhibit B Vicinity Map easi ` 0 ry Exhibit 1 1 . 1 ' t ,1 • ~ _ AERIAL MAP t •i a. CUP 2016-07 +J. 1' i Kirby Dr.south f\aloe of Broadway St. t . . fib • . y Site 4- k. 's o It II I :1=1,:a6e<1_:o:ie/o:aa,moa:pmp<:<:aa5 suy <t late beo ptep.md iel or by :a!e \ 06 rti m{unaaae.>a:,ovxTSi W-'pvr.I. 6e:as sep:eeeot as,o pie pwad nu. aad -�1 aep:e•.eac>6,.,:it 'ha appras=d eel at<:xa,:a r � #p:opny!<eaanr 1ClD i '341:'''.(L/52tt• 1 inch=250 fe e t ti�1,mq t�FM alFfeH .4.,-, v AIY:01.6 ' y�^7� PLANNING DIPAYTIIINT Page 7 of 14 Ord. No CUP 2016-07 Page 8 of 14 Ord. No CUP 2016-07 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 NUMBER: 2016-07 Notice is hereby given that on March 28, 2016 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 Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd., owner; for approval of a Conditional Use Permit (CUP) to allow for self-storage facility in General Business (GB)zoning district; on approximately 3.8662 acres of land, to wit: Being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated in the H.T. & B.R.R. company Survey, Section 81 , Abstract 300, Brazoria County, Texas, being the residue of Reserve "B", first amending plat of Southgate Section One, as thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas. General Location: West side of Kirby Drive approximately 1,500 feet south of Broadway Street, 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. Frankie Legaux City Planner Page 9 of 14 Ord. No CUP 2016-07 Ordinance No. CUP 2016-07 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 CUP#2016-07 a true copy of which is hereto annexed was published in said newspapers in its issue(s)of March 10, 2016. Publisher's Representative Sworn to and subscribed before me this (5.1-k day of MQ..t.0 - ,2016. j()-(1 J,LGl1t1z� Notary Public My commission expires on /-49-.,lo 2-0 LUCILLE GUERRA Notary Public.Stole of Texas • My Commission Expires •',,,,, January 18, 2020 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 NUMBER: NOTICE OF A JOINT PUBLIC HEARING 2016-07 OF THE CITY COUNCIL Notice is hereby given that on March 28, 2016 at 6:30 p.m., AND the City Council and Planning and Zoning Commission THE 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, 1 OF THE CITY OF PEARLAND,TEXAS Pear land,Texas,at the request of Andrew Allemand/Windrose CONDITIONAL USE PERMIT APPLICATION NUMBER: Land Services, applicant; on behalf of Lingo Southgate Ltd., CONDITIONAL owner; for approval of a Conditional Use Permit (CUP) to allow for self-storage facility in General Business(GB)zoning Notice is hereby given that on March 28, 2016 at 6:30 p.m., district;on approximately 3.8662 acres of land,to wit: y g p the City Council and Planning and Zoning Commission Being a tract or parcel containing 3.8662 acres or 168,441 of the City of Pearland, in Brazoria, Harris and Fort Bend square feet of land situated in the H.T. & B.R.R. company Counties, Texas, will conduct a joint public hearing in the Survey, Section 81, Abstract 300, Brazoria County, Texas, Council Chambers of City Hall, located at 3519 Liberty Drive, being the residue of Reserve "B", first amending plat of Pearland,Texas,at the request of AndrewAllemand/Windrose Southgate Section One, as thereof recorded under Volume Land Services, applicant; on behalf of Lingo Southgate Ltd., 24, Page 123, Brazoria County Plat records,conveyed Lingo owner; for approval of a Conditional Use Permit (CUP) to Southgate, Ltd. as recorded in Brazoria County Clerk's File allow for self-storage facility in General Business(GB)zoning No.01-053025, Brazoria County,Texas. district;on approximately 3.8662 acres of land,to wit: General Location: West side of Kirby Drive approximately Being a tract or parcel containing 3.8662 acres or 168,441 1,500 feet south of Broadway Street, Pearland,TX. square feet of land situated in the H.T. & B.R.R. company Survey, Section 81, Abstract 300, Brazoria County, Texas, At said hearing, all interested parties shall have the right being the residue of Reserve "B", first amending plat of and opportunity to appear and be heard on the subject. Southgate Section One, as thereof recorded under Volume For additional information, please contact the Planning 24, Page 123, Brazoria County Plat records,conveyed Lingo Department at 281-652-1765. Southgate, Ltd. as recorded in Brazoria County Clerk's File No.01-053025,Brazoria County,Texas. City Frankie a ne Legaux General Location: West side of Kirby Drive approximately City Planner 1,500 feet south of Broadway Street, Pearland,TX. y 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. Frankie Legaux City Planner Exhibit D Planning and Zoning Commission Recommendation Letter o' rf1490 1 E x��� AS fsr j89a Planning Zoning Commission & Recommendation Letter March 29, 2016 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP Application 2016-07 Honorable Mayor and City Council Members: At their regular meeting on March 28, 2016, the Planning and Zoning Commission considered the following: A request of Andrew Allemand/Windrose Land Services, applicant; on behalf of Lingo Southgate Ltd., owner; for approval of a Conditional Use Permit(CUP)to allow for self-storage facility in General Business(GB)zoning district; on approximately 3.8662 acres of land. Legal Description: Being a tract or parcel containing 3.8662 acres or 168,441 square feet of land situated in the H.T. &B.R.R. company Survey, Section 81, Abstract 300, Brazoria County, Texas, being the residue of Reserve "B", first amending plat of Southgate Section One, as thereof recorded under Volume 24, Page 123, Brazoria County Plat records, conveyed Lingo Southgate, Ltd. as recorded in Brazoria County Clerk's File No. 01-053025, Brazoria County, Texas. General Location: West side of Kirby Drive approximately 1,500 feet south of Broadway Street, Pearland, TX. P&Z Vice-Chair Duncan made the motion to recommend approval of Conditional Use Application No. 2016-07, Commissioner Starr seconded the motion. The motion was approved with conditions recommended by Staff by a vote of 5-2. P&Z Vice-Chair Duncan and Commissioner Selsky voted against the motion, P&Z Chairman Tunstall and Commissioners Pradia, Isenberg, Starr and McFadden voted in favor of the motion. Sincerely, �v %it s- �--(7 Frankie Legaux City Planner On behalf of the Planning and Zoning Commission Page 10 of 14 Ord. No CUP 2016-07 Exhibit E Site Plan and Attachments ..a++. ;•• ;ir' •' 'O* Vii . 7 `2 i JJ f f f, !l: �, .: ,r•" � {:; • I I . '� ''v h. 'i,'ti`./,,...ck: ..:. .4:, • .. • . $ : ?V 1t :. qty'j,, i , '• !' i R ... r. • . Tp- w r:"� r, -'•- f•.� •,, . • -. 4 4 rl 4 i r•• ' =. 1 i x- ' � r 1 I i r ' I j r' efiltit r t7.,pyria 1 1 I r 1-J, 1 r 1 , • SI 1 E P—A.V-F=r.;-iLA.N 4 I ORA 6E i k is ; :3,11;to! .;::.11; ''-4Rtirf to Tc. k, itectitre Page 11 of 14 Ord. No CUP 2016-07 Page 12 of 14 Ord. No CUP 2016-07 [ —.... .. JUYIJOI ONV-11013d ...,........., ariza..-::_,___ fr 7 111 to ._`` i4t Et ;! i4 s fte =a ■ i �. iik 71.14 !1 y !t lilt t 1 r` '1 E[ 3:1 iSks I. t 'i OS t I Z r f C i 1111111 tt ! is fey F ! I Pi Ft li ;,4J 1 1 Rr i1; ill; liitI i rJi � ! i '1 dtil : "). iiltIil'I d l iiI � 9;}Ili li 401111/11 .i' li�l �tei 8 t! '� €rr i' I11i L i - '. ,1 d�1litiit t, l 1 ._, j . J • 4I 4 9 . I I • I if re __ "i , Page 13 of 14 Ord. No CUP 2016-07 t a,-' ` a o•� nn'e• •r.E• a'-s a-e'- IF-d 7 L 1111 r i ilk.. ... n --, - --T—'' _,__, ,—.—.1—•—•--", .„ EAST ELEVATION'FACING KIRBY DRIVE) I ,.. ... WEST ELEVATION(NOT VISIBLE FROM KIRBY DRIVE) aenArPEOUaE�na 1437 tag' ,.- .. ' - WI:9'9R M,-CIF,fP IRK 1 ti I r CM S '1.133 s +:. -__ � 1y,IWNLMII-114�eC.S VA.44 11.!&r 9 703 SF 936 S 509 S _77`1 smote >a OM d'A1I vF7K'rr,.n PRIMO f( ?s.: I a 235 Inc S g M1Y#4109 IF5 0OJSE I 35 1.4 i 1' •.5 iJ y1 ""£�.,fix 1 75%tSWRIC 90MeT)a FRCP CAM(f1S'FLAB-0+:. I 10 QA7r1E 9349911 71 y{<40 99(5(WV 4ORIN.5519 ELMIY1 NORTH ELEVATION(VISIBLE FROM KIRBY DRIVE) SOUTH ELEVATION(VISIBLE FROM KIRBY DRIVE) PEARLAND STORAGE:OVERLAY REQUIREMENTS(TRANSPARENCY!ARTICULATION) _ : • • k 03 1 1.1 6 SCALE N.T.S _ a r c h i t e c t u r e VLwhX.4C C':v:C.N:.SCJFC P,M City of Pearland Landscape Ordinance Compliance Required Trees: (approximate street frontage = 1,357 lin. Ft.) Large trees: 1,357 - 10'/inch cal. = 136 inches caliper. ;,,. = 36 - 4"trees Ornamental trees: 1,357 _ 15'/inch cal. = 91 inches caliper l.,ep',(j.. = 31 - 3"trees (Note: 2"caliper trees required, all planned trees exceed minimum requirements) e tree total site actual street front street front street evergreens street evergreen !mod planned p d.(504±) planned Lewd.(60%of fErd.) planned Large Shade 34 34 17 19 10 12 (70.5%) Ornamental 31 31 16 18 10 10 (60.0%) Parking Trees: All parking spaces are within 50'of a planned shade tree Parking Screening from Street: All parking spaces are screened by either shrubs or structure Note: Although not required, decorative shrubby, perennials and groundcovers are utilized to ergaDme street frontage view An Automatic Irrigation System will be designed and installed for this project Page 14 of 14 Ord. No CUP 2016-07