Ord. 509-737 09-13-04 FailedFAILED 9/13/04
Ordinance No. 509-737
ORDINANCE NO. 509-737
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 A 39.50 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER
SURVEY, ABSTRACT 76, PEARLAND, BRAZORIA COUNTY, TEXAS; AND AN
83.83 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY,
ABSTRACT 76, AND THE H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 233,
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE OF
OLD ALVIN ROAD, AND ON THE NORTH SIDE OF ORANGE STREET)
(APPLICATION NO. 1186) FROM CLASSIFICATION PLANNED UNIT
DEVELOPMENT (PUD) TO PLANNED UNIT DEVELOPMENT (PUD), AN
AMENDMENT TO THE ORIGINAL PLANNED UNIT DEVELOPMENT (PUD) AT THE
REQUEST OF THE CITY OF PEARLAND, APPLICANT, 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, the City of Pearland filed on July 26, 2004, 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 16th day of August, 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 3`d day of September, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by the City of Pearland, applicant,
1
ORDINANCE NO. 509-737
whereby the Commission recommended to deny the change of classification for the
described property from its existing classification of Planned Unit Development (PUD)
to Planned Unit Development (PUD), an amendment to the original Planned Unit
Development (PUD); 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 September 13, 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 the City of Pearland, applicant, 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:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Planned Unit Development (PUD)
is hereby zoned to Planned Unit Development (PUD) in accordance with Exhibit "C"
attached hereto and incorporated for all purposes, such property being more
particularly described as:
A 39.50 acre tract of land situated in the D.H.M. Hunter Survey, Abstract 76,
Pearland, Brazoria County, Texas; and an the H.T.&B.R.R. acre tract of land
Companysituated
Survey,
D.H.M. Hunter Survey, Abstract 76, and
Abstract 233, Pearland, Brazoria County, Texas (Located on the East Side of
Old Alvin Road, and on the North Side of Orange Street)
2
ORDINANCE NO. 509-737
IL
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.
III.
The City Council of.. the City of Pearland °:finds and determines that the
amendment adopted hereirk. 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
ORDINANCE NO. 509-737
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.
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.
TOM REID
MAYOR
ORDINANCE NO. 509-737
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Please check one:
Change in Zoning Classification from:
*- � .
❑ Specific Use Permit Request for :
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
PO) nt
to: ND Ikr -AA-e s" 4-)
(list current zoning) (I st proposed zoning)
(list proposed use)
Property Information:
Address: •.12td- AU-04 CA426-4
)
Lot: Block:
Subdivision:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
Future/proposed use of property and reason for zone change:
nrC d
PROPERTY OWNER INFORMATION:
NAME `;Au...?. MW/��S^��`�
ADDRESS 24 I i r '
CITY f eA- o+ STATE 7 ZIP 7 70 i
PHONE(
FAX( )
E-MAIL ADDRESS
jayb-2,-ti Ap....4ifoLtual
APPLICANT INFORMATION:
NAME
ADDR SS
.3S( L
CITY 1 STATE 7 X ZIP 775�
PHONE(?$f ) 652. - 16 G 2--
FAX( 2$ ( ) 6 5 2.- 190 £ -
E-MAIL ADDRESS
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:
Date:
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID:tevi-e-et . DATE PAID: 7//0i
N f A APPLICATION
RECEIVED BY:
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LOCATION MAP
Zone Change Application No. 1186
City Initiated Zone Change
(PUD - PUD Amendment)
0 500 1,000 Feet
11111 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 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:
N
•�--- Date
No.
No.
Date
Date
No. Date
No. Date
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20 gt
20
20
20
20
ih bra-_.
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published July 28 and Aug.
4, 2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF , PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO.1186
Notice is hereby given that
on August 16, 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 the
City of Pearland, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Planned Unit Development
(PUD) to Planned Unit
Development(PUD), an
amendment to the Planned
Unit Development (PUD)
approved as Ordinance No.
509-704, on the following
described properti, to wit:
A 39.50 acre tract of land
situatedin the D.H.M.
Hunter Survey,Abstract 76,
Pearland, Brazorie County,
Texas; and an 83.83 acre
tract= -of land ,situated in the
D.H.M.'-Hunter Survey,
Abstract 76, and the
H.T &B.R.R• Company
Survey,` Abstract 233,
Pearland, Brazoria County,
Texas (Located on the East
Side of Old Alvin Roadand
on the North Side of Orange
Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard ort the
subject.
/s/Theresa Grahmann
Planner t`
Art IUAVIT 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, cas follows:
No. / Date U " 20
4_2Y_ 4
No. Date 20
No. Date 20
No. Date 20
No. Date
- Subscribe and sworn to before me this
x0 —
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published July 28 and Aug.
4, 2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO.;1186
I. Notice is hereby given that
on. August 16, 2004, at 6:30
p.m., the City Council and
r Planning and Zoning
'- Commission of the City of
E Peanand, 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 the
City of Pearland, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Planned Unit Development
(PUD) to Planned Unit
Development (PUD), ar
amendment to the Plannec
Unit Development (PUD
approved as Ordinance No
509-704, on the followinf
described property, to wit:
A 39.50 acre tract of lanc
situated in the D.H.M
Hunter Survey, Abstract 76
Pearland, Brazoria County
Texas; and an 83.83 acre
tract of land situated in the
D.H.M.Hunter Survey,
Abstract 76, and the
H.T.84B.R.R. Company
Survey, Abstract 233,
Pearland, Brazoria County,
Texas (Located on the East
Side of Old, Alvin Road, and
on the North Side of Orange
Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/sl Theresa Grahmann
Planner I
Planning & Zonillg Commission
City of Pearland
September 3, 2004
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1186, for the property generally
located on the east side of Old Alvin Road, and on the north side of Orange Street
Honorable Mayor and Council Members:
At their regular meeting of August 16, 2004 the Planning and Zoning Commission considered
the request for a zone classification change from Planned Unit Development (PUD) to Planned
Unit Development (PUD), and amendment to the original PUD, on the following property:
Legal Description: A 39.50 acre tract of land situated in the D.H.M. Hunter
Survey, Abstract 76, Pearland, Brazoria County, Texas; and an 83.83 acre tract of
land situated in the D.H.M. Hunter Survey, Abstract 76, and the H.T.& B.R.R.
Company Survey, Abstract 233, Pearland, Brazoria County, Texas (located on the
east side of Old Alvin Road, and on the north side of Orange Street)
Commissioner West made a motion to deny due to the following reasons: (1) the proposed
zoning is not in conformance with the Comprehensive Plan designation of low -density
residential (2) the proposed density is not in keeping with the acceptable density from similar,
past approved cases, (3) flooding concerns, (4) detention areas do not serve as a buffer between
the residential lots and the GB tracts along Pearland Parkway, as was shown on the original
PUD. Vice Chairman Greiner seconded.
The applicant is planning to submit a revised PUD document that proposed certain.
modifications. The modifications will be discussed at the Council meeting.
Motion to deny passed 4-0.
Sincerely,
Planning and Zoning Commission
and
cc: Paul Grohman (owner), 2947 E. Broadway, Pearland, TX 77581.