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Ord. 509-693 02-09-04 WithdrawnWithdrawn by Applicant 219104 ORDINANCE NO. 509-693 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 LOCATION BEING 1.867 ACRES, TRACT 39A, AND 2.00 ACRES, TRACT 39A1, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 85, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (2806 MILLER RANCH ROAD) (APPLICATION NO. 1136) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF KIM DURRETT, AGENT FOR TRINITY LEASING, LTD., 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, Kim Durrett, Agent for Trinity Leasing, Ltd., Owner, filed on October 27, 2003, 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 19th of January, 2004, 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 22nd day of January, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Kim Durrett, Agent for Trinity Leasing, Ltd., Owner, whereby the Commission's recommendation to approve failed a 1 ORDINANCE NO. 509-693 change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Commercial District (C); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on February 9, 2004; 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 Kim Durrett, Agent for Trinity Leasing, Ltd., Owner, 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: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby for all purposes changed and reclassified as Commercial District (C), such property being more particularly described as: 1.867 acres, Tract 39A, and 2.00 acres, Tract 39A1, of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, out of the H.T. & B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (2806 Miller Ranch Road). 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 2 ORDINANCE NO. 509-693 Zoning Commission and to the City Council for consideration and decision. 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. 509-693 PASSED, APPROVED, and ADOPTED on First Reading this day of , 2004. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2004. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY TOM REID MAYOR 4 ORDINANCE NO. 509-693 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Please check one: TV Change in Zoning Classification from: 0 to: (list current zoning) (list proposed zoning) n Specific Use Permit Request for : (list proposed use) Property Information: Address: , g( rMale(/?z i C� Pc( //t13b,0 IC.Ieite[Jl ems-rihnie Lot:: q Block: Subdivision: Tax I.D. Number: 030Ck' 003a- 141'00910 I 030- 0039 -130 (3q 1) ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): r) t c$ h O P Proposed use of property: et) iM Piker Ci-Lia t R C-t l PROPERTY OWNER INFORMATION: NAME 121 Iv cry / CAS 1 Ni6 , L-ro ADDRESS P jOk 3O 7 CITY POA 12r_4(1K(J STATE 1 �c ZIP 7-7S gS? PHONE( 71-3 ) L/-3 , —IOOO FAX( a7D ) Jq g11-)_ 5"187 E-MAIL ADDRESS )L1 v\AGI c 1 rib L. OD iv) APPLICANT/AGENT INFORMATION: NAME )OA Dufb'—I T ADDRESS PO �p k d Y- CITY Peal 1ay1,4 STATE T ZIP - 7S8g PHONE(71' ) FAX( ) 36? - { S 7 E-MAIL ADDRESS 1 ..1 1Ml9C 1(44 DLACO mVl PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signat-- Jum,// Date: Date: / 9 - ,„9 zi3 OFFICE USE ONLY: FEES PAID: IA ).1, DATE PAID: /0 ` 7--O3 RECEIVED BY: •/ APPLICATION NO. / 1 3 LOCATION MAP Zone Change Application No. 1136 Owner: Trinity Leasing, Ltd./Kim Durrett 2806 Miller Ranch Road (SD - C) N W+E S 0 200 400 Feet 11111 I AFFIDAVIT O.F PUBLICATION The Friendswood Reporter News P.O.,Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows: No. / Date 42--3( 20 63 No. Date 20 No. Date 20 No Date 20 No. Date 20 •.• . • • 1:• • • e a • . • • • a• • •• .. • . • • . •.• • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 •` ••*•.••s a • • • • • •.•..• •'••••.,;•, •••.sIn, Subscribe and sworn to before me this 2003 : • • • LAURA ANN EMMONS Notary Public, State of Texas Commission. Expires 09-09-2006 • • • • dayo Laura Ann Emmons,Publisher Notary Public, State of Texas Published O c. 31, 2003 & Jan. 7, 2004 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO. 1136 Notice is hereby given that on January 19, 2004, 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, 3519 Liberty Drive, Pearland, Texas, on the request of Kim Durrett, applicant for Trinity Leasing, Ltd., owner, for an `amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C), on the following described properly, to wit: 1.867 acres, Tract 39A, and 2.00 e. res, Tract 39A1, of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, out of the H.T. & B.R.R. Company Survey; ApAtract 304, -Brazoria County, Texas (2806 Miller Ranch Road) AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No / Date /` 4 7 20 O No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this % day of 20— Laura Ann Emmons, Publisher Notary Public, State of Texas published Dec. 31, 2003 & Ian. 7, 2004 JOTICE OF A JOINT PUB- IC HEARING OF THE CITY :OUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1136 Notice is hereby given that on January 19, 2004, at6:30 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, 3519 Liberty Drive, Pearland, Texas, on the request of Kim Durrett, applicant for Trinity Leasing, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C), on the following described prop- erty, to wit: 1.867 acres, Tract 39A, and 2.00 acres, Tract 39A1, of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, out of the H.T. & B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (2806 Miller Ranch Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I January 22, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1136 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Dwelling District (SD) to Commercial District (C) on the following described property, to wit: Legal Description: 1.867 acres, Tract 39A, and 2.00 acres, Tract 39A1, of the Allison Richey Gulf Coast Home Company Subdivision of Section 85, out of the H.T. & B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (2806 Miller Ranch Road) At a regular meeting held on January 19, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1136 to City Council for approval with a second made by Commissioner David Ransom. Motion to approve failed 0-7 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: Applicant: Trinity Leasing, Ltd. P.O. Box 3037 Pearland, Texas 77588 Kim Durrett P.O. Box 3037 Pearland, Texas 77588 Page 1 of 1 y. 2v,J4 1 2bPN kr...MHX PEHRLHND NO.564 ,. P.2 Feb, 9, 2004 TO: PLANING AND ZONING BOARD AND PEARLAND CITY COUNCIL RE: APPLICATION # 1 136 I RESPECTFULLY REQUEST THAT YOU WITHDRAW APPL, 1136 FROM THE TABLE FOR VOTING ON ANY ACTION AT THIS TIME, zaide DECEOVE fEB 91D04 CITY OF PEARLAND CITY SECRETARY'S OFFICE