Ord. 509-583 05-13-02ORDINANCE NO. 509-583
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 MINI
STORAGE WAREHOUSE ON THE FOLLOWING PROPERTY, BEING 2.316
ACRES, OUT OF 3.322 ACRES, OUT OF A PORTION OF THE H. STEVENS
SURVEY, A-594, BEING ADJACENT TO AND EAST OF STATE HIGHWAY 35
OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 106)(4147 MAIN
STREET) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO
LIGHT INDUSTRIAL - SPECIFIC USE (M-1(S)) AT THE REQUEST OF
RONALD LEISTAD AND REED LEISTAD, 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, Ronald Leistad and Reed Leistad, Owners, filed on March 13, 2002, 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 8th of April, 2002, 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 9th day of April, 2002, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Ronald Liestad and Reed Leistad, Owners, whereby the
Commission recommended and approved a change of classification for the property described
in Exhibit "A" from its existing classification of Light Industrial District (M-1) to Light Industrial -
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ORDINANCE NO. 509-583
Specific Use (M-1(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 April 22, 2002, 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 Ronald Liestad and Reed Leistad, 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:
I .
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Light Industrial District (M-1) to is hereby for all
purposes changed and reclassified as Suburban Development District - Specific Use Permit
(SD(S)); such property being more particularly described as:
2.316 acres, out of 3.322 acres, out of a portion of the H. Stevens Survey, A-594, being
adjacent to and East of State Highway 35 of Brazoria County, Texas (4147 Main Street)
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.
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ORDINANCE NO. 509-583
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.
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ORDINANCE NO. 509-583
PASSED, APPROVED, and ADOPTED on First Reading this 22 day of Apri 1
2002.
TOM REID
MAYOR
ATTEST:
UNG
Y SE►'ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13 day of
May , 2002.
ATTEST:
114
•NGLri''
APPROVED AS TO FORM:
CITY ATTORNEY
TOM REID
MAYOR
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Received: 3/13/02 10:25AM; 281 652 1702 -> Maudlin & Son; Page 2
MAR 13 2002 10:15 FR CITY OF PEARLAND 281 652 1702 TO 92813347560 P.02/03
n CITY .OF PEARLAND
ZONE CHANGE APPLICATION r
revised 10/20/01• ,
Change in Zoning Classification from:
Mt to: MI
(s)
in Regulations in Section #:
/Change
t/ Specific Use for: .____"in 1i AI - ElDen_qe, tAXt re
S
Property address: T / 4 / ill‘c.
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Lot: 2, 3/(, Block:
Subdivision:
Metes & Bounds Description: Pr oy, e c i� 94r
(unplatted property only; attach survey) LT IC.. PT 4/6 / S9'/ S Te vcn/ /44,''e s 2 . ,i'/
Tax I.D. number:
Current use of land: %7vv, ; .S + 0-ral
Proposed use of land: %1%/.7 / s 7'6, .x7
Record owner's name: Ru--,a Id V i--- eeeJ Leis-4,1
Owner's mailing address: / Op S4/11 ! S e 6- �% X .7 75-73
Owner's telephone number 2' / ` 96 O - ;5_ 78
Agent's name: ,,, Z e/ 4 /
Agent's mailing address: /�� S 1/.D.v s, G 69J, `w 7 7S-73
Agent's telephone number: c2 / %e -- S'7 g'
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.
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Owner's signature: ,��� � >
Agent's signature: —_—�
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Fees paid: $ C.)
Date p aid .3 _ t -`
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INIMMITIA--=1:
Specific Use Application No. 106
Ronald and Reed Leistad
4147 Main ST
(M1-M1(S))
W E
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;irculation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date `-- 7 20 02--
No. Date - 20
No. Date - 20 .
No. Date 20
No. Date 20
subscribe and sworn to before me this
' 'Q p` LAURA A.
' V! 1r) Notary Public, State .. ` exUr
M ° Commission Expires 9_9-02
President
1
nn Emmons, Publisher
Public, State ozof Texas
Specific Use Permit Application No. 106
Published March 20 & March
27,2002
NOTICE OF A JQINT
PUBLIC HEARING fF-T'HE
CITY,000NO'IL•AND 114E
PLANNING AND ZONING
COMMISSION OF THE CITY
OFPEARLAND,TEXAS
Notice is hereby given that on
the 8th day of April, 2002, at
6:30 p.m., the City Council
and the Planning and Zoning
Commission of the City of
Pearland, Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a Joint.
Public Hearing in the Council
Chambers, City Hall,.,3519
Liberty. Drive, Pearland,
Texas, on the request' of
Reed Leistad, agent for
Ronald Leistad and Reed
Leistad, owner, for a Specific
Use Permit on the following
described property, to wit:
2.31671 acres, out of 3,322
acres, out of a portion of the
H. Stevens Survey, A,594,
being adjacent to, and East of
State Highway 35'of Brazoria
Co., TX (4147 Main Street)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject
Is/ Mona Ann Phipps
Development Coordutator.
SPECIFIC USE PERMIT
APPLICATION NO. 106
April 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 106
Request of Ronald Leistad & Reed Leistad, owners for an amendment to the Land Use and
Urban Development Ordinance from classification Light Industrial District (M-1) to Light -
Industrial — Specific Use (M-1(S)) for mini -storage warehouse on the following described
property, to wit:
2.316 acres, out of 3.322 acres, out of a portion of the H. Stevens Survey, A-594, being adjacent to
and East of State Highway 35 of Brazoria Co., TX (4147 Main Street)
Honorable Mayor and Council Members:
At a regular meeting held on April 8, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Vice -Chairman Donald Glenn made a motion to approve the Specific Use Application No. 106 and
Commissioner Robert Scherrer seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Since ely,
OtAlAktp*
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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