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Ord. 509-752 12-13-04ORDINANCE NO. 509-752 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 18.34 ACRES OF LAND SITUATED IN THE H.T. & B. R.R. COMPANY SURVEY, ABSTRACT 304, BEING A PORTION OF LOTS 38, 39, AND 40 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION 85 AS SHOWN ON PLAT RECORDED UNDER VOLUME 2, PAGE 107 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AS DESCRIBED IN DEED AND RECORDED IN THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY, TEXAS, UNDER COUNTY CLERK'S FILE NO. 2001 013638 AND 99 005373 (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF MILLER RANCH ROAD (COUNTY ROAD 93)) (APPLICATION NO. 1188) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS DISTRICT (GB) AND SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE PERMIT (R-1(S)), A SPECIFIC USE PERMIT FOR STORMWATER DETENTION FACILITIES AT THE REQUEST OF W C PROPERTIES, 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, W C Properties, Ltd., owner, filed on July 28, 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 15th day of November, 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 1 ORDINANCE NO. 509-752 WHEREAS, on the 2nd day of December, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by W C Properties, owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban Development District (SD) and Commercial District (C) to General Business District (GB) and Single Family Dwelling District — Specific Use Permit (R-1(S)), for storm water detention facilities; 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 December 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 W C Properties, 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) and Commercial District (C) is hereby zoned to General Business District (GB) and Single Family Dwelling District — Specific Use Permit (R-1(S)), for storm water detention facilities, in accordance with the land plan attached hereto and made a part hereof for all purposes as Exhibit "C", such property being more particularly described as: 18.34 acres of land situated in the H.T. & B. R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, as described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File No. 2001 013638 and 99 2 ORDINANCE NO. 509-752 005373 (Generally Located on the North Side of FM 518 (Broadway Street), and West of Miller Ranch Road (County Road 93)) 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. 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. 3 ORDINANCE NO. 509-752 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 13th day of December , 2004. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day of December , 2004. ATTEST: G, TY CRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY �GYIv TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: Change in Zoning Classification from: NO ZLN1104 (list current zoning) ❑ Specific Use Permit Request for : Property Information: Address: 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 (list proposed zoning) '64R.. (s) FM 5t9 4 Gib q3 Wesr (list proposed use) Subdivision: Lot: 0304- 80/3-aoa Tax I.D. Number: -3l0 O5Tt037 030 - 0054I-000 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): VdC.2 J+ lama Future/proposed use of property and reason for zone change: COM Memo' develo pMe�v� PROPERTY OWNER INFORMATION: NAME WC- rr0 (+iC'S 1 L-f-a ADDRESS' O. frim,A SQio4Z (o CITY \-\Dt )GA1DtiJ STATE 4X ZIP T12' PHONE( Z-ebl ) 335.311 ( FAX( 21:6 1) 333. 0(ISh APPLICANT INFORMATION: NAME tiOC. °f-}?eS. L ADDRESS t . 0. 60X 58o142co CITY 141DVS1OAJ STATE /rx ZIP 1-1259% PHONE( Zs) )9 O.b' o) Lb. RN Ghee. FAX( az I ) %/) eiboq E-MAIL ADDRESS TSLV Syy(66) hDOSI N.f r.C.OM E-MAIL ADDRESS r\/aA15e.X p SWh l 1. f4 * 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 undersid that I am fully responsible for the correctness of the legal description given Owner's Signat Date: Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: °'" DATE PAID: -7 - 2 8 - Ott RECEIVED BY: APPLICATION NO. / / MKS LOCATION MAP Zone Change Application No. 1188 Owner/Applicant: W C Properties, Ltd. Change: SD and C - GB and R-1(S) N W E s 0 200 400 Feet Bill I •p17 'saivadoid '97N iI� 3 .4Z.P0.00 N A v z N + Q b N A N 89'15'09' E 299.2' N 89'15'09" W 299.22' M .4Z,40A0 S S 89'56'11" W 277.00' z I 0 I t_ 30' PIPELINE EASEMENT m m P. iw F 542.3' b`�� z !pgp§ t E OA O q b m -_ _ m TENPO0R/ CONSTRUCTION EASEMENT S 89'52'30' W 533.68' TT F.M. 518 120' R.O.W. lu 11O Im u Im 1 I; 1 Ag I kg 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 issues, as follows: No. ) Date _ 1 0 7 20 �% No. Date 20 No. Date 20 No. Date • No. Date Subscribe and sworn to before me this 20 • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 20 20 day of �G? L"ura nn Emmons, Publisher Notary Public, State of Texas oo.11N ..Published Oct. 27 & Nov. 3, 2004 NOTICE OF A JOINT;: PUBLIC HEARING OF THE CI'TYCODUFICIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,TEXAS ZONE CHANGE APPLICATION NO. 1188 Notice is hereby given that on November 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 Ben6 Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of W. C. Properties, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Commercial District (C) to General Business District (GB) and Single Family Dwelling District Specific Use Permit (R-1(S)), a spe- cific use permit for stormwa• ter detention facilities, on the following described property, to wit: 18.34 acres of land situated in the H.T. & B. R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, as described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File No. 2001 013638 and 99 005373 (Generally Located on the North Side of FM 518 (Broadway Street), and West of Miller Ranch Road (County Road 93)) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/Theresa Grahmann ,Senior Planner • AFFIDAVITOF 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 /f' 2064 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 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 Oct. 27 & Nov. 3, 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. 1188 Notice is hereby given that on November 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, on the request of W. C. Properties, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Commercial District (C) to General Business District (GB) and Single Family Dwelling District Specific Use Permit (R•1(S)), a spe- cific use permit for stormwa- ter detention facilities, ,On the following described property, to wit: 18.34 acres of land situated in the H.T. & B. R.R. Company Survey, Abstract 304, being a portion of J 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, as described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's• File No. 2001 013638 and 99 005373 (Generally Located on the North Side of FM 518 (Broadway Street),' and West of Miller Ranch Road (County Road 933)) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/Theresa Grahmann Senior Planner P1annin & Zoning Cot1Inissioll City of Pearland December 2, 2004 Honorable Mayor and City Council Members 3 519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1188, for the property generally located on the north side of FM 518 (Broadway Street) and west of Miller Ranch Road (County Road 93) Honorable Mayor and Council Members: At their regular meeting of November 15, 2004 the Planning and Zoning Commission considered the request for a zone classification change from Suburban Development District (SD) and Commercial District (C) to General Business District (GB) and Single Family Dwelling District — Specific Use Permit (R-1)(S), a specific use permit for storm water detention facilities, on the following property: Legal Description: 8.568 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39 and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, and being a portion of that certain called 10.70 acres of land described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File No. 2001 013638 (generally located on the north side of FM 518 (Broadway Street) and west of Miller Ranch Road (County Road 93)) Commissioner Greiner made a motion to approve and Vice Chairman Iocco seconded. Chairman Sandars stated that she does not believe it is appropriate to utilize future 10,000 square -foot lots for a detention pond. The Commission discussed the separation of the residential and non-residential uses, and the location of the pipeline. The Commission believes Recommendation Letter for 12/13/04 City Council Meeting, Zone Change Application No. 1188 Page 1 of 2 that the entirety of the pipeline easement should be included in the R-1(S) request. The motion to approve was amended 6-0 to include the stipulation that the entirety of the pipeline easement be included in the R-1(S) tract. The Commission voted 5-1 to approve the rezoning request with the amended motion, specifically stating that the entirety of the pipeline easement be included in the R-1(S) tract. Chairman Sandars voted against the motion, stating her reason for the vote was that she did not believe that a detention pond should be located in an R-1 tract in this area. Sincerely, Planning and Zoning Commission and cc: W. C. Properties, Ltd. (owner), P.O. Box 580426, Houston, TX 77258 Recommendation Letter for 12/13/04 City Council Meeting, Zone Change Application No. 1188 Page 2 of 2 Existing Zoning: Requested Zoning: Location or Address of Property: Property Owner: JOINT PUBLIC HEARING AGENDA, ITEM MEETING OF NOVEMBER 15, 2004 ZONE CHANGE APPLICATION NO. 1188 Suburban Development District (SD) and Commercial District (C) General Business District (GB) and Single Family Dwelling District — Specific Use Permit (R-1(S)) Generally Located on the North Side of FM 518 (Broadway Street), and West of Miller Ranch Road (County Road 93) W C Properties, Ltd. Applicant: W C Properties, Ltd. SUMMARY: At the Joint Public Hearing in September, a portion of the subject property _ was submitted for a zone change from Suburban Development District (SD) to Commercial District (C). During the September public hearing and subsequent Planning -and Zoning Commission meeting, several issues arose, such as conformance with the Comprehensive Plan, rezoning of the adjacent property to the east from C to GB, and the adjacency of the northern portion of the subject property to single family residential uses: The item was not acted on by the Commission. Since September, the applicant and Staff have met several times, and the original zone change request has been modified. The applicant is requesting a change in zoning on the subject property for general business district uses, and residential uses with a specific use permit for detention facilities. The tract directly at the southeast corner, which was not part of the zone change request in , September, is currently zoned Commercial District: The applicant has agreed to include :. Zone Change Application No. 1188 Page 1 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF NOVEMBER 15, 2004 the Commercial tract in the zone change request; and is proposing to change the Commercial District to General Business District. A pipeline easement currently runs through the subject property. The pipeline easement appears to function as a separation between the non-residential uses along Broadway Street, and the existing and planned residential tracts to the north. The applicant has indicated that the northern 2.76 acres of the subject property would be utilized for detention facilities for the development of the non-residential tracts. In order to conform to the Comprehensive Plan designation of residential uses north of the pipeline easement, the applicant is requesting an R-1 zoning district for that tract, with a Specific Use Permit for stormwater detention facilities. The applicant has met with Staff in the past few days and has indicated that they may approach the City in the future and request a Planned Unit Development District (PUD), in order to address other issues associated with the development of the subject property. SURROUNDING ZONING AND LAND USES: North South East West Zoriinq Land Use Suburban Development Undeveloped tracts District (SD) General Business District Retail and Office development; (GB), and a Specific Use Apartment Complexes Permit for medical offices and outdoor animal kennels; across Broadway Street is land outside the City limits Suburban Development Undeveloped tract; District (SD); General Retail/commercial buildings Business District (GB) Suburban Development Home Depot; Undeveloped tracts; District (SD); Commercial Single family residential lots. District (C); Single Family Dwelling District (R-3) CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a GB zoning district and R-1 zoning district. The subject property currently does meet these requirements. When the subject property is platted for Zone Change Application No. 1188 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF NOVEMBER 15, 2004 development, each platted lot will have to comply with the GB or R-1 standards, as well as the Subdivision Ordinance. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends Retail, Office, and Service Uses for the southern half of the subject property and for the adjacent properties along Broadway Street. The Comprehensive Plan further indicates that the appropriate zoning districts for Retail, Office, and Service Uses are the Neighborhood Service District (NS), Office and Professional District (OP), and General Business District (GB). Therefore, the requested General Business District conforms to the Comprehensive Plan. The Comprehensive Plan also recommends Suburban Residential (10,000 square foot lots) for the northern half of the subject property, and all of the adjacent tracts to the north. The Comprehensive Plan further indicates that the appropriate zoning districts for Suburban Residential is a new residential district that is to be created during the creation of the Unified Development Code. The requested R-1 district requires a lot size of 8,800 square feet. However, the applicant is requesting approval of a specific use permit for stormwater detention facilities on the 2.7 acres being requested for R-1 zoning. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on FM 518 (Broadway Street), a major thoroughfare with an ultimate right-of-way of 120 feet. The subject property also has frontage on Miller Ranch Road (County Road 93), a local street, and the Thoroughfare Plan does not designate any improvements to Miller Ranch Road. Right-of-way dedication for. Broadway Street and Miller Ranch Road may be required when the subject property is platted. Internal public or private streets may be required in order to provide adequate access to all future platted lots within the subject property. The applicant may be required to submit a traffic impact analysis (TIA) for the subject property when it is submitted for development, in order to determine the impact of the proposed development on the surrounding streets, and in order to determine the locations of driveways. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property and surrounding areas along FM 518 are all proposed to be developed with retail, office, service, and commercial uses. The existing commercial tract at the corner currently does not conform to the Comprehensive Plan designation of Retail, Office, and Service uses. The applicant has agreed to include the Commercial tract in the proposed zone change request, and change it to General Business District, in order to bring the subject property into compliance with the Comprehensive Plan. Zone Change Application No. 1188 Page 3 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF NOVEMBER 15, 2004 If the zone change and specific use permit are approved as submitted, a six foot masonry fence would be required to be constructed by the general business user, on the property. lines between the general business district and the R-1 tract designated for the detention pond. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject. property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for General Business District for the southern portion of the tract as proposed by the applicant, and approval of the R-1 district with the Specific Use Permit for stormwater detention facilities for the northern 2.76 acre tract, for the following reasons: 1. The proposed zone change for General Business District conforms to the Comprehensive Plan designation of Retail, Office, and Service uses. 2. The applicant is proposing to rezone the Commercial tract to General Business District, thereby bringing the subject property into conformance with the Comprehensive Plan. 3. The proposed zone change is consistent with existing General Business Districts and uses, and Commercial Districts along FM 518 (Broadway Street), Miller Ranch Road, and Wooten Road. 4. The proposed R-1 zone with the Specific Use Permit would tie the detention pond to the subject property, and would provide for compatibility and act as a . buffer between the existing and future residential tracts north of the pipeline easement, and commercial uses on the subject property. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Site Plan • Zoning Map • Future Land Use Plan • Zoning Exhibit • Zone Change Application No. 1188 Page 4 CITY -OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us ZONE CHANGE APPLICATION NO. 1188 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: A request by W. C. Properties, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Commercial District (C) to General Business District (GB) and Single Family Dwelling . District — Specific Use Permit (R-1(S)), a specific use permit for stormwater detention facilities, on the following described property, to wit: 18.34 acres of land situated in the H.T. & B. R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, as described in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas, under County Clerk's File No. 2001. 013638 and 99 005373 (Generally Located on the North Side of FM 518 (Broadway Street), and West of Miller Ranch Road (County Road 93)) PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on MONDAY, NOVEMBER 15, 2004, AT 6:30 P.M. An application and map are enclosed for your information. This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll, in accordance with notification guidelines established by City Ordinance and State law. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. If you have any questions or need additional information please contact the City of Pearland Planning Department at (281) 652-1742 or tgrahmann@ci.pearland.tx.us. 0 re vr MCINNIS RICHARD K BRAZORIA COUNTY TTT&B LTD TTT&B LTD TTT&B LTD THOMPSON BETTY E= 'CRAVEN MORTIZ V HOME DEPOT USA INC R B S S PEARLAND LLC HOME DEPOT.USAINC -FM-518 -- RINITY LEASING LTD �1■ LASCO DEVELOPMENT CORP- TRINITY LEASINGLTD A I I TRINITY LEA MUM 111111111111111 r' • 0 STANDREWS PARTNERS LTD TRINITY LEASING LTD 200' NOTIFICATION LIMITS ' • FEE SUNRISE LAKES HOA NEWELL-DAVID &-BROOKE - pow 11 II►vim I I I rr( SUNRISE LAKES HOA SUNRISE LAKES HOA I n L STEVENER B L 73 w STEVENER B L SUBJECT - PROPERTY -__BROADWAY ST- ... OWNERSHIP MAP Zone Change Application No. 1188 Owner/Applicant: W C Properties, Ltd. Change: SD and C - GB and R-1(S) 0 200 400 Feet lilil I TAX ACCOUNT OWNER 03040032110 03040015110 78642000001 03040015150 03040015160 03040015155 03040015170 03040015165 03040054000 03040032150 03040054000 03040007000 78642003009 78642000002 03040032140 78642000001 03040032130 03040013000 03040054000 03040012000 03040054110 75846000000 75842001004 TRINITY LEASING LTD BRAZORIA COUNTY SUNRISE LAKES HOA MCINNIS RICHARD K TTT&B LTD TTT&B LTD TTT&B LTD ZONE CHANGE APPLICATION NO. 1188 Property Owner Notification List ADDRESS CITY ST ZIP CODE LEGAL DESCRIPTION PO BOX 3037 PEARLAND TX 111 E LOCUST ST ANGLETON TX 18333 EGRET BAY BVD STE 45C HOUSTON TX 770 S POST OAK LN STE 600 1625 CORNICHE ST 1625 CORNICHE ST 1625 CORNICHE ST W C PROPERTIES LTD PO BOX 580426 THOMPSON BETTY E 6230 HENNIKER DR EARHART FRED III TR%CHARLES KENNEDY JR 2764 BINGLE RD TRINITY LEASING LTD PO BOX 3037 EARHART FRED III TR%CHARLES KENNEDY JR 2764 BINGLE RD CRAVEN MORTIZ V 3212 EWING ST NEWELL DAVID & BROOKE SUNRISE LAKES HOA TRINITY LEASING LTD STEVENER B L SUNRISE LAKES HOA TRINITY LEASING LTD DURRETT KARL KRIS%ASTRO EQUIPMENT EARHART FRED III TR%CHARLES KENNEDY JR HOME DEPOT USA INC R B S S PEARLAND LLC ST ANDREWS PTNR LTD%MARTIN FEIN INT LASCO DEVELOPMENT CORP 2718 SUNNYSIDE LN HOUSTON TX LEAGUE CITY TX LEAGUE CITY TX LEAGUE CITY TX HOUSTON HOUSTON HOUSTON PEARLAND HOUSTON HOUSTON PEARLAND 18333 EGRET BAY BVD STE 45C HOUSTON PO BOX 3037 PEARLAND 1905 SLEEPY HOLLOW DR PEARLAND 18333 EGRET BAY BVD STE 45( HOUSTON PO BOX 3037 PO BOX 3149 2764 BINGLE RD 2455 PACES FERRY RD SE 2006 N MAIN ST 3530 W T C JESTER BLVD 3100 EDLOE ST STE 270 PEARLAND PEARLAND HOUSTON ATLANTA PEARLAND HOUSTON HOUSTON TX TX TX TX TX TX TX TX TX TX TX TX TX TX GA TX TX TX 77588-3037 77515 77058 77056-1965 77573-6502 77573-6502 77573-6502 77258 77041-5844 77055-1135 77588-3037 77055-1135 77004-7826 77584-2799 77058 77588-3037 77581-5739 77058 77588-3037 77588-3149 77055-1135 30339-4024 77581-3308 77018-5047 77027-6036 A0304 H T & B R R, TRACT 38, ACRES 7.360 A0304 H T & B R R, TRACT 21-23T028-31-36, ACRES 2.916 SUNRISE 2 (A0721 JWMAXEY)(A304 HT&B), ACRES 1.624 A0304 H T & B R R, TRACT 28F, ACRES 0.200 A0304 H T & B R R, TRACT 28H, ACRES 0.200 A0304 H T & B R R, TRACT 28G, ACRES 0.200 A0304 H T & B R R, TRACT 28J, ACRES 0.200 A0304 H T & B R R, TRACT 281, ACRES 0.200 A0304 H T & B R R, TRACT 38B-39-40A, ACRES 8.570 A0304 H T & B R R, TRACT 39B, ACRES 2.4277 A0304 H T & B R R, TRACT 38B-39-40A, ACRES 8.570 A0304 H T & B R R, TRACT 29, ACRES 4.540 SUNRISE 2 (A721 JWMAXEY)(A304 HT&B), BL 3, LT 9 SUNRISE 2 (A721 JWMAXEY)(A304 HT&B), ACRES 0.1576 A0304 H T & B R R, TRACT 39A, ACRES 1.867 SUNRISE 2 (A721 JWMAXEY)(A304 HT&B), ACRES 1.624 A0304 H T & B R R, TRACT 39A1, ACRES 2.000 A0304 H T & B R R, TRACT 40, ACRES 9.900 A0304 H T & B R R, TRACT 38B-39-40A, ACRES 8.570 A0304 H T & B R R, TRACT 30, ACRES 12.947 PLD PROF PLAZA (A304 HT&B), BL 1, LT 1, ACRES 1.9347 SILVERLAKE COM PK VI (A0539 HT&BRR), ACRES 10.01 ZONING MAP Zone Change Application No. 1188 Owner/Applicant: W C Properties, Ltd. Change: SD and C - GB and R-1(S) N w 0 200 400 Feet 11 1 1 1 FUTURE LAND USE PLAN W N E Zone Change Application No. 1188 Owner/Applicant: W C Properties, Ltd. Change: SD and C - GB and R-1(S) 0 200 400 Feet Bill 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: No. Date 20 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 120� LAURA ANN EMMONS Notary Public, State of Texas Commission Explres 09-09-2006 a President day of • Laura Ann Emmons, Publisher' Notary Public, State of Texas lag /? Published Sept. 1 & Sept. 8,l 2004 NOTICE OF A JOINT .. PUBLIC HEARING'OF:THE CITY COUNCIL AND THE 1 PLANNING AND ZONING COMMISSION OF THE CITY OFPEARLAND, - TEXAS ZONE CHANGE APPLICATION NO. 1188 Notice is hereby given that on September•20, 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 W C Properties, 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 property, to wit: 8.568 acres of land situated' in the H.T. & B. R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens , Subdivision, Section 85 as shown on plat recorded under Volume 2, Page 107 of The Plat Records of Brazoria County, Texas, and' being a portion of that certain called 10.70 acres of land described in deed and recorded in the Official Public Records of ; Real Property of Brazoria County, Texas, under 'County Clerk's.File No. ,2001 013638 (Generally Located on the North Side :of FM 518 (Broadway Street), and West of Miller 1 Ranch Road (County Road 93) 1 ' 'At said hearing all interest- ed parties shall have the' right and opportunity to appear and be heard on the` subject; Is/ Theresa Grahmann tSenior Planner 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 2 issues, as follotlys: No. Date No. Date •No. Date No. Date No. Date Subscribe and sworn to before me this l'20t# LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 1 20 20 20 20 • 20 President day of Laura Ann Emmons, Publisher' Notary Public, State of Texas ti NOTICE OF A JOINT 1. PUBLIC FEARING OF THE' CITY COUNCIL AND THE j PLANNING AND ZONING '` ! COMMISSION OF THE I CITY OF PEARLAND, TEXAS, ZONE CHANGE APPLICATION NO. 1188 i Notice is hereby given that , on September 20, 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 pubic hearing in the Council Chambers of City Hall, 3519 ' Liberty Drive, Pearland, Texas, on the request of W C Properties, Ltd., owner, ' for an amendment to the , Land Use arid Urban Development Ordinance of said City from classification i ' Suburban Development j District (SD) to Commercial District (C), on the following described property, to wit: 8.568 acres of land situated in the H.T. & B. R.R. Company Survey, Abstract 304, being a portion of Lots 38, 39, and 40 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85 as shown on plat , recorded under Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, and being a portion of that certain called 10.70 acres of land described in deed and recorded in the ; Official Public Records of Real Property.of Brazoria County, Texas, under , County Clerk's File No. 2001 013638 (Generally • Located on the North Side of FM 518 (Broadway Street), and West of Miller Ranch Road (County Road 93) - At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. is/ Theresa Grahmann Senior Planner