Ord. 509-589 07-22-02 FailedFAILED 7/22/02
ORDINANCE NO. 509-589
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 8.842 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA
COUNTY, TEXAS, BEING A PORTION OF LOT 8, SECTION 19, ALLISON
RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED ON A
MAP OR PLAT IN VOLUME 2, PAGE 23, BRAZORIA COUNTY MAP RECORDS,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1039) (1115 CULLEN
BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF PAUL BRENT
DURRETT, 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, Paul Brent Durrett, Owner, filed on April 23, 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 10th of June, 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 11t"day of June, 2002, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Paul Brent Durrett, Owner, whereby the Commission
1
ORDINANCE NO. 509-589
recommended and approved a 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 concurred with the recommendation of
the Planning and Zoning Commission, at a regular meeting on June 24, 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 Paul Brent Durrett, Owner, 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:
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:
8.842 acres, H. T. & B. R.R. Co. Survey, A-243, Brazoria County, Texas, being a portion
of Lot 8, Section 19, Allison Richey Gulf Coast Home Co. Subdivision, as recorded on a
map or plat in Volume 2, page 23, Brazoria County map records, Brazoria County, Texas
(1115 Cullen Boulevard)
2
ORDINANCE NO. 509-589
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.
lll.
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.
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ORDINANCE NO. 509-589
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.
VI1.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 24 day of
June ,2002.
TOM REID
MAYOR
ATTEST:
Y
ORDINANCE NO. 509-589
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2002.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND .
ZONE CHANGE APPLICATION
revised 5/9/00
Change in Zoning Classification from: 5 D to: Comof 8Rc'A
Change in Regulations in Section #:
Specific Use for: *
Property address: / l / S ni L Z. e�(f f65) 'C O2i' ER DF- ( //e, ' C2 4403
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) £ IC/9 c,Qe s 4 o i V3 - 7' g #7-tiefee
Tax I.D. number:
Current use of land: Lo rk M E2 c,'A, / B4- l ieilti "
Proposed use of land within requested designation: Co P"'" e'''' c /* / 8'i I'll h qS
Record owner's name • 8 v L e2 r w 7 b z/A:e c 77—
Owner's mailing address: ‘/.2O moo KS / O C #02 • > %¢2 L,g.vo TX 7 7 $ /
Owner's telephone number: 4�8?) ''' 74'9 7,
Agent's name:
Agent's mailing address:
Agent's telephone number:
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.
Owner's signature: 4442
Agent's signature:
Fees paid: $ )
CI O'vV Q LL/
Date paid: 4
3 _Q
by:
Application number:
0 3ci
Received
jam
Vail or ilir•.MIP'111
Illurnsiszu
City limits
Zone Change Application No. 1039
Paul Brent Durrett
1115 Cullen Boulevard
(SD-C)
W E
June 11, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1039
Request of Paul Brent Durrett, owner for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
8.842 acres, H. T. & B. R.R. Co. Survey, A-243, Brazoria Co., TX, being a portion of Lot 8, Section
19, Allison Richey Gulf Coast Home Co. Subdivision, as recorded on a map or plat in Volume 2,
page 23, Brazoria Co. map records, Brazoria Co., TX (1115 Cullen Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on June 10, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1039 to City
Council for approval. Commissioner Russ Selemon seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1
AFHHD ` IIT F PU :_LWCATION
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 1 issues, as follows:
No. ./ Date 5 21= 20 .02-
.,
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200)
,-' : , LAURA A. E M,� ONS
• S 'S, a 1 Notc:ry Public, State of 1 &x 1
+�449
�i• `oa�� QOralillSSiCiI EXMc3 9-9-02
ZO
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1039 - 6
Published May 22 & May 29, '
2002 - -
,NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING •
COMMISSION OF THE
CITY OF PEARLAND, •
TEXAS
Notice is hereby given that
on the 10th day of June,
2002, at 6:30 p:m., the City
Council and Planning and
Zoning Commission of the
City of Pearl and, Brazoria,
Harris and Fort Bend
1Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
i request of Paul Breani
n
Durrett, owner, for
i amendment to the Land Use
and Urban Development
I, Ordinance• of said Suburban f b m IClassification Development District (SD) to
Commercial District ()ib on
d �
the •following
property, to wit:
6.542 acres, H. T. & B. R.R.
Co. survey, A-243, Brazoria
•Co., TX, being a portion of ,1
Lot 8, Section 19, Allison
Richey, Gulf Coast Home
Co., Subdivision, as record-
ed on a map or plat in Vol 2,
pg 23, Brazoria Co. map
records, Brazoria Cd., TX
(1115 Cullen Blvd)
• At said Dearing all interested
parties shall have the -right
and opportunity to appear
and be heard on the subject.
Isl Mona Ann Phipps •
Development Coordinator
APPLICATION NO.1039