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Ord. 509-721 05-10-04 FailedFAILED 5/10/04 Ordinance No. 509-721 ORDINANCE NO. 509-721 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 1.00 ACRES, LOT 19, BLOCK 3, SKYWAY MANOR, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 2951 MANVEL ROAD) (APPLICATION NO. 1140) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF M. JACKSON TABOR, AGENT FOR JOSE DAVID ROSA, 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, M. Jackson Tabor, Agent for Jose David Rosa, Owner, filed on November 17, 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 day of April, 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 27th day of April, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by M. Jackson Tabor, Agent for Jose David Rosa, Owner, whereby the Commission recommended to approve a change of classification for the property described in Exhibit "A" from its existing classification of Suburban 1 ORDINANCE NO. 509-721 Development District (SD) to Commercial (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 May 10, 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 M. Jackson Tabor, Agent for Jose David Rosa, 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 (C), such property being more particularly described as: 1.00 acres, Lot 19, Block 3, Skyway Manor, Abstract 241, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 2951 Manvel 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 Zoning Commission and to the City Council for consideration and decision. 2 ORDINANCE NO. 509-721 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. 509-721 PASSED, APPROVED, and ADOPTED on First Reading this day of , 2004. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2004. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 Please check one: x 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 ri Change in Zoning Classification from: 4111 to: (list current zoning) (list proposed zoning) Specific Use Permit Request for Property Information: (list proposed use) Address: 2 9 51 MANVEL ROAD , PEARLAND, TEXAS 7 7 5 8 4 Subdivision: SKY WAYOMANOR Tax I.D. Number: 3-20101-3574-0 01044A tm. a-;(0-oq Lot: 19. Block: 3 ** For unplatted property, attach a copy of the metes and bounds description** OFFICE BUILDING - 1 ATTACHED Current use of property LARGE METALLIC BUILDINGS - 2 (type of structures on property): AUTOMOBILE REPAIRS AND BODY SHOP ) - OVER 15 YEARS . STORAGE Proposed use of property: SAME BUSINESS OR COMPARABLE PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME JOSE DAVID ROSA NAME M. JACKSON TABOR, ATTY. ADDRESS 11410 SHARPVIEW ADDRESS 2016 MAIN, STE. 110 CITY HOUSTON STATE TX ZIP77072 PHONE( 281-412-9388 CITY HOUSTON, STATE TEX zip77002 PHONE( 713 ) 225-1701 FAX( ) FAX( 713 ) 7 5 2 - 0113 E-MAIL ADDRESS E-MAIL ADDRESS cha 1 (dara1 _ c-nm 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 aft I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: � / ,% - f Date: NOV. 17 , 2003 Agent's Signature: Date: NOV. 17 , 2 0 0 3 OFFICE USE ONLY: FEES PAID: RECEIVED BY: ©1) (19fAitJ DATE PAID: \ I P2-1 D3 APPLICATION NO. i I -/ 0 LOCATION MAP Zone Change Application No. 1140 Owner: Jose David Rosa/M. Jackson Tabor 2951 Manvel Road (SD - C) N W+E S 0 200 400 Feet 1 1 1 1 1 1 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 3-3/ 20 0471 No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this -'l day of CillidfIC--X • •I • • • • • is • •• • • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas NOTICE • OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND. ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1140 Notice is hereby given that on April 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 M. Jackson Tabor, applicant for Jose David Rosa, 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 property, to wit: 1.00 acres, Lot 19, Block 3, Skyway Manor, Abstract 241, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 2951 Manvel Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner 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 7"" 7 20 01. No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20O LAURA ANN EMMONS ,, µT Notary Public, State of Texas Commission Expires 09- ........ 09-2006 • day of 6/9/a Laura Ann Emmons, Publisher Notary Public, State of Texas Published March 31 & April 7, 2004 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, SAS APPLICATION NO. 1140 Notice Is hereby given that on April 19, 2004, at 6:30 p.m.4 th City Council and Pt* g ' and Zoning Commission of the-gity 41, Peartand, in Btazoria, 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 M. Jackson Tabor, applicant for Jose David Rosa, 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 property, to wit: 1.00 acres, Lot 19, Block 3, . Skyway Manor, Abstract 241, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 2951 Manvel Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I April 27, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1140 Honorable Mayor and Council Members: Request 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 property, to wit: Legal Description: 1.00 acres, Lot 19, Block 3, Skyway Manor, Abstract 241, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 2951 Manvel Road) At a regular meeting held on April 19, 2004, the Planning and Zoning Commission considered the above -mentioned request. Vice Chairperson Sheryl Greiner made a motion to change and forward Zone Change Application No. 1140 as General Business District (GB) to City Council for approval with a second made by Commissioner Neil West. Motion to approve passed 5-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission Cc: Owner: Jose David Rosa 11410 Sharpview Houston, Texas 77072 Applicant: M. Jackson Tabor 2016 Main, Suite 110 Houston, Texas 77002 Page 1 of 1 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 3-3 20 044 No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 200 q • • • LAURA ANN EMMONS Notar y Public; State of Texas Commission Ex pires 09-09-2006 1/ day of Laura Ann Emmons, Publisher Notary Public, State of Texas 'Published Feb. 25 & March 3, --2004--_- -- ° is ;-NOTICE OF .A JOINT' -PUBLIC HEARING OF THE! t -CITY COUNCIL AND THE? " . PLANNING AND ZONING' ,COMMISSION OF THE CITY,, OF PEARLAND, TEXAS APPLICATION NO.1140 Notice is hereby given that on', March 15, 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, op the request of M. Jackson Tabor, applicant for Jose David .Rosa, owner, for an amend- merit 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: _ • 1.00 acres, Lot 19, Block 3, Skyway Manor, Abstract 241, H.T. & B.R.R. Companyi Survey, Brazoria County,; Texas -• - - (Located at 2951 Manvel Raod At said hearing all interested parties shall have the rights !and opportunity to appear and 'be heard on the subject. /s/ Theresa Grahmann - - 'PlannerI _J 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. 1 Date 02.46- 20 No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 204._ LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published Feb. 25 & March 3�, 2004 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE'CITY OF PEARLAND, TEXAS APPLICATION NO.1140 Notice is hereby given that on March-15; 200.4,-at the City, Council and Planning �- and Zoning Commission of" the City .of Pearland, in ' Brazoria, Harris and Fart Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of ' City Hall, 3519 Liberty Drive, IPearland,'Texas, on the request of M. •Jackson Tabor, 'applicant for' Jose David Rosa, owner, for an amend- , ment to the Land Use and Urban , Development Ordinance ,of said City [rpm ,_ classification Suburban Development District (SD) to , Commercial District (C), on.: the following described prop- erty, to wit: 1.00 acres, Lot 19, Block 3,• Skyway Manor, Abstract 241, H.T. & B.R.R. Company Survey, Brazoria County, • Texas (Located at 2951 Manvel- 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 Councilmember Marcott stated if the empty field is owned by Sunrise Lakes, it is the Homeowners' Association responsibility to maintain it. Mayor Reid asked if the oleander trees would be planted 50 feet from the subdivision. Dan Cheek, 16615 Sea Lark, stated the oleander trees would be planted 50 feet from the subdivision. Councilmember Owens stated the Planning & Zoning Commission voted to approve the Ordinance 5 to 0, on the contingency of limiting the space to 2.412 acres and construction of a six-foot masonry wall as a buffer. Dan Cheek, 16615 Sea Lark, stated there was a misunderstanding regarding the 2.412 acres. This acreage is only needed for the expansion of the facility. Discussion ensued among Council and Staff regarding the specifications of the Ordinance. Voting "Aye" Councilmembers Seeger, Marcott, Tetens, Owens, and Viktorin. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — FIRST READING OF ORDINANCE NO. 509-721 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 1.00 ACRES, LOT 19, BLOCK 3, SKYWAY MANOR, ABSTRACT 241, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 2951 MANVEL ROAD) (APPLICATION NO. 1140) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF M. ACKSON TABOR, AGENT FOR JOSE DAVID ROSA, OWNER, PROVIDING FOR AN ENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-721 on its first reading. Page 17 of 25 — 5/10/2004 No. AFFIDAVIT OF 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 —3( 200_ No. Date. 20 No. Date No. Date Date aa e ors iosse ee oo LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 00000 cik41401.14!..14 Subscribe and sworn to before me this 20 03 LAURA ANN EMMONS . Notary Public, State of Texas Commission Expires 09-09-2006 • • 20 20 20 day of - Laura Laura Ann Emmons,. Publisher Notary Public, State of Texas 'Pobfishetl-Dec-31; 2063ll Jan. 7, 2004 -1sNOTICE:OF•A JOINT._PUB- 1 LIC ,HEARING: -OP , THE - CITY COUNCIL' AND THE PLANNING AND ZONING. ! COMMISSION. OF THE CITY OF PEARLAND, (TEXAS j •APPLICATION NO.1140 1 Notice is hereby given that I 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, I Texas, on!the request of M. Jackson Tabor, applicant for f f Jose David Rosa, owner, for: an amendment to 'the Land! • Use and Urban j Development Ordinance "of ! said City from classification' Suburban Development District •(SD) to Heavy 1 Industrial District (M-2), on • the following described property, to wit: 1.00 acre, Lot 19, Block 3, Skyway. Manor; H.T. & 'B.R.R. Company Survey, • Abstract 241, Brazoria County, Texas. (2951 • Manvel Road) , At said hearing all interested• ' parties shall have the right ! and opportunity to appear and be heard on 'the sub- 1 ject.- - - " is/ Theresa Grahmann Planner I ' 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 herebya inBrazoria and Harris Counties in THE REPORTER NEWS ppended was published circulation in Brazoria, Harris .& Galveston Counties, for issues, a newspaper aogeneral as follows: No. / No. No. No. Date Date Date Date No. Date Subscribe and sworn to before me this 20.E 20 20 :174...- • •• �g • IORAM e1i1$�as Public, 2006 1� Commission EXpifes 09-09- day o Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 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 1 OF PEARLAND, TEXAS APPLICATION NO.1140 I Notice is hereby given that on January 19, 2004, at 6:30 p.m., the City Council and fPlanning 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 M. Jackson Tabor, applicant for ,Jose David Rosa, owner, for jan amendment to the Land IUse and Urban'Development ,Ordinances of said City from , ;classification Suburban Development District (SD) to i Heavy-Industrial-Djs'trlct (M-' 2), on the, following.described; , property, to wit: , 1.00 acre; Lot 19, Block 3, Skyway Manor, H.T. & B.R,R., Company Survey, Abstract 241, Brazoria County, Texas , (2951 Manvel 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 Young Lorfing, TRMC City Secretary (281) 652-1655 Telecopier (281) 652-1719 June 14, 2004 M. Jackson Tabor, Agent for Jose David Rosa, Owner 2016 Main, Ste. 110 Houston, Texas 77002 Ref: 2951 Manvel Road Dear Mr. Tabor: On May 10, 2004, the City Council made a motion to approve Application No. 1140 for a zone change from Suburban Development District (SD) to Commercial District (C). After Council's discussion, the motion was voted on and failed. Sincerely, oung orfing, T City Secretary 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www•ci.pearland.tx.us * printed on Recycled Paper