Ord. 509-601 09-09-02ORDINANCE NO. 509-601
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 TRACT 1: 9.51 ACRES BEING A
PART OF LOT 18 AND ALL OF LOT 19, ALLISON RICHEY GULF COAST
HOME COMPANY, F.B. DRAKE SURVEY, A-504; AND TRACT 2: .0745
ACRES, BEING PART OF LOT 19, ALLISON RICHEY GULF COAST HOME
COMPANY, F.B. DRAKE SURVEY, A-504, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1054) (2425 ROY ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL
DISTRICT (C) AT THE REQUEST OF BECKY CORNELIUS, AGENT FOR
CPI GROUP, INC., OWNERS, 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, Becky Cornelius, agent for CPI Group, Inc., Owners, filed on July 2,
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 12th of August , 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
1
ORDINANCE NO. 509-601
WHEREAS, on the 13th day of August, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Becky Cornelius, agent for CPI Group, Inc., Owners,
whereby the Commission recommended to approve 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 the recommendation of the Planning and
Zoning Commission, at a regular meeting on August 26, 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 Becky Cornelius, agent for CPI Group, Inc., Owners, 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:
2
ORDINANCE NO. 509-601
Tract 1: 9.51 acres being a part of Lot 18 and all of Lot 19, Allison Richey Gulf
Coast Home Company, F.B. Drake Survey, A-504; and Tract 2:.0745 acres,
being part of Lot 19, Allison Richey Gulf Coast Home Company, F.B. Drake
Survey, A-504, Brazoria County, Texas (2425 Roy 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.
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.
3
ORDINANCE NO. 509-601
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.
PASSED, APPROVED, and ADOPTED on First Reading this 26th day of
August , 2002.
ATTEST:
UNG/•"TrG
Y SRETARY
4
M REID
MAYOR
ORDINANCE NO. 509-601
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9 day of
September , 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
TOM REID
MAYOR
CITY OF PEARLAND
ZONE CHANGE APPLICATION )
revised 10/20/01 •
Change in Zoning Classification from: _ ' to:/i
Change in Regulations in Section #:
Specific Use for: * •
Property address: ya .11J d
0.5O / N 7 e 060 7X,4 Cr / e /19 / M
Lot: Block:/'eA6S J/0,,1
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: .05'o./Ope, 4/000
Current use of land: Lt y.,Clilte
Proposed use of land:
Record owner's name: 69/ tdoped
Owner's mailing address: / /%0 /J4(j '72L6
Owner's telephone number:- 47v�'o?, w
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Agent's name:.(�� --, T t�
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Agent's mailingaddress: �7�
Ag � � 6,70/),e---a.A.6" /'
Agent's telephone number: , / z' $ J 75-
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws oLthe 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: evi
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Agent's signature
Fees $ ) 1;r" t 1
Date paid: a poi.
paid:
Received by ( &%.
Application number: ` i
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Zone Change Application No. 1054
CPI Group, Inc./Pat Griffin Realty, Inc.
2425 Roy Road
(SD-C)
W E
August 13, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1054
Request of Becky Cornelius of Pat Griffin Realty, Inc., agent for CPI Group, Inc., owners 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:
Tract 1: 9.51 acres being a part of Lot 18 and all of Lot 19, Allison Richey Gulf Coast Home
Co., F.B. Drake Survey, A-504; and Tract 2:.0745 acres, being part of Lot 19, Allison Richey
Gulf Coast Home Co., F.B. Drake Survey, A-504, Brazoria Co., TX (2425 Roy Road)
Honorable Mayor and Council Members:
At a regular meeting held on August 12, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ray Bacon made a motion to forward Zoning Application No. 1054 to City Council
for approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: CPI Group, Inc., PO Box 1710, Pearland, TX 77588
Becky Cornelius of Pat Griffin Realty, Inc.
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. 1 Date 2(-7- - 20:D
No. Date 20.
No. Date • - 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 0%
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'Y Fii. Sic of i cxa,
;`w,! Co rn. cn Expirez a—c--32 ( I
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day o
aura Ann Emmons, Publisher
Notary Public, State of.Texas •
Published July 24 & July 31,
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 12th day of August,
2002, at 6:30 p.m., the City
Council and Planning and
'Zoning Commission of the
City of Pearland, Brazoria,
Harris and, Fort Bend
Counties, Texas, will con-
duct a joint public' hearing in
the Council Chambers of
City Hall, 3519 liberty Drive,
Pearland, Texas, on the
request of Pat Griffin Realty,
Inc., agent for CPI Group,
Inc., owner, for an amend
ment to the Land Use and
Urban Development Ordi-
nance of said City from
Classification Suburban
Development District (SD) to
Commercial District (C) on
the following described
property, to wit:
9.51 acres being a part of
Lot 18 and all of Lot 19 of
thel
Su
acres, being a part of Lot 19
of the Allison Richey GuU
Coast Home Co., F.B. Drake
Survey, A-504, Brazoria, Co.
TX (2425 Roy Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is/ Mona Ann Phipps
Development Coordinator
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� 3 / 20 .Q
No. Date 20
No Date -20'"
No. Date 20
No. Date 20
Subscribe and sworn to before me this
201i;-
.: LAURA A . EMMONS
,� )) NOtry Pubec, Stag of T c--za5
':12 Comrniss!on Expires ..9-u O2
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published July 24 & July 31,
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 12th day of August,
2002, at 6:30 p.m., the City
Council and. Planning and
Zoning Commission of the
City of Pearand, Brazoria,
Harris ` and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519.Liberiy Drive,
Pearland, Texas, on the
request of Pat Griffin Realty,
Inc., agent for CPI Group,
Inc., owner, for an amend-
ment tb the Land Use and
Urban Development Ordi-
nance of said City from
Classification. :'Suburban
Development District (SD) to
Commercial, District (C) on
the 'following', described
property, to wit:
9.51 acres being a part of
Lot 18 and all of Lot 19 of
the Allison Richey Gulf
Coast Home Co., F.B. Drake
Survey, A-504; and 0.745
ecres, being a part of Lot 19
of the ;dirt Richey Gulf
Coast NW rake
Survey, A504,, , Co.
TX(5
At sled
right
and .9Ppear
and be heard furtfg subject:
/s/ MOnaAnn Phipps,
Development Coordinator
APPLICATION NO.144