Ord. 509-720 05-10-04ORDINANCE NO. 509-720
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
6.3601 ACRE TRACT OF LAND (CALLED 6.363 ACRES) OUT OF LOTS
49 AND 50 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 85, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 304, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 107, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT
9809 BROADWAY STREET) (APPLICATION NO. 134) FROM
CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO GENERAL
BUSINESS — SPECIFIC USE PERMIT (GB(S)) FOR MINI -WAREHOUSE
USES LIMITING OF SPACE TO 2.412 ACRES AND THE INSTALLATION
OF A MINIMUM OF FIVE-FOOT (5') TALL OLEANDERS PLANTED AT
FIVE-FOOT (5') ON -CENTER INTERVALS ALONG THE NORTHERN
PROPERTY LINE. THE REQUEST OF WC PROPERTIES — DAN
CHEEK, AGENT FOR THE PETERSON GROUP, 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, WC Properties — Dan Cheek, Agent for The Peterson Group, Owner,
filed on February 25, 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 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
1
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 WC Properties — Dan Cheek, Agent for The
Peterson Group, Owner, whereby the Commission recommended to approve a change
of classification for the property described in Exhibit "A" from its existing classification of
General Business District (GB) to General Business District — Specific Use Permit
(GB(S)); 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 WC Properties — Dan Cheek, Agent for The Peterson Group,
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 General Business District (GB) is
hereby for all purposes changed and reclassified as General Business — Specific Use
Permit (GB(S)) for mini -warehouse uses limiting the space to 2.412 acres and requiring
the installation of a minimum of five-foot (5') tall oleanders planted at five-foot (5') on -
center intervals along the northern property line, such property being more particularly
described as:
6.3601 acre tract of land (called 6.363 acres) out of Lots 49 and 50 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 85, H.T. &
B.R.R. Company Survey, Abstract 304, Brazoria County, Texas, according to
2
ORDINANCE NO. 509-720
the map or plat thereof recorded in Volume 2, Page 107, of the plat records of
Brazoria County, Texas (Located at 9809 Broadway Street).
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. 509-720
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
May , 2004.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of May , 2004.
ATTEST:
UN j FNG
TY '. ' C R ETA
TOM REID
MAYOR
4
ORDINANCE NO. 509-720
APPROVED AS TO FORM:
eldi-•••--... il, Cerk\
DARRIN M. COKER
CITY ATTORNEY
5
Received Event (Event Succeeded)
Date:
Pages:
Sender:
Fax Number:
Typ Feb
2/23/2004
5
281 480 8804
23 04 03:17p Corporate Office
Please check one:
Time:
Duration:
Company:
Subiect:
281-480-8804
APPLICATION FOR
A CHANGE IN ZONING
3:11 PM
2 min 23 sec
61s
❑ Change in Zoning Classification from: to:
(list proposed zoning)
p.5
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 current zoning)
[' Specific Use Permit Request for : S _ -C tOft . ce
(list proposed us
Property Information:
Address: 9 s'`.A
Subdivision: Lot: Block:
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): Lin 1 f Y\ e r \l
Future/proposed use of property and reason for zone change: SCA-P O CQ.%e.
PROPERTY O (NER INFORMATION:
NAME"Thr__`YC l lArc*4
ADD SS 733QS rQocli ay aloAa-44
CITY STATE STATE ZIPTl5b' t
PHONE(
FAX( )
E-MAIL ADDRESS
APPLICANT INFORMATION: NAME \N )1O C-Vi GZ.(1 n � `ta.
ADDRESS I 1 1Q. t Sc-_Q(L
CITY HCS..I Dinrt STATE TX ZIP-nO10a
PHONE( oZ9I ) 4 O •ggO 1
FAX( 23 I ) 149 O. 9'
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:
• l r
Agent's Signature: Date: - - `L
OFFICE USE ONLY: FEES PAID: DATE PAID: 'J /7 - ft
RECEIVED BY:
Date:
APPLICATION NO. ' i
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LOCATION MAP
Specific Use Permit Application No. 134
Owner: The Peterson Group/WC Properties
9809 Broadway Street
(GB - GB(S))
W+E
0 200 400 Feet
1''11
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 174 7 20 d 71
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20_
LAURA ANN EMMONS
• ,` Notary public, •
State of Texas
Commission Expires 09-
.......09-2006
••••'••••..............
day of 61/9/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,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO.134
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
WC Properties — Dan
Cheek, applicant for The
Peterson Group, owner, for
an amendment to the Land
Use and Urban
Development Ordinance of
said City from classification •
General Business District
(GB) to General Business
District — Specific Use
Permit (GB(S)), for storage
and mini -warehouse, on the
following described proper-
ty, to wit:
6.3601 acre tract of land
(called 6.363 acres) out of
Lots 49 and 50 of the
Allison Richey Gulf Coast
Home Company
Subdivision of Section 85,
H.T. & B.R.R. Company
Survey, Abstract 304,
Brazoria County, Texas,
according to the map or plat
thereof recorded in Volume
2, Page 107, of the plat
records of Brazoria County,
Texas, and being more par-
ticularly described as fol-
lows:
BEGINNING at a one-half
inch iron rod found at the
common corner of Lots 49,
50, 59, and 60 of the afore-
mentioned subdivision, from
which a found 3/4 inch iron
rod bears East a distance of
1.03 feet;
THENCE SOUTH along the
east line said Lot 50, a dis-
tance of 795.00 feet to a 1
inch iron pipe found for cor-
ner in the existing north
right-of-way line of F.M.
518;
THENCE S 89 degrees 49
minutes 02 seconds W
(called S 89 degrees 52
minutes W), along the exist-
ing north right-of-way line of
F.M. 518, a distance of
299.78 feet (called 300.00
feet), to a 1 inch iron pipe
found for corner;
THENCE N 00 degrees 00
minutes 32 seconds W
(called North), at a distance
of 795.00 feet pass the
north line of said Lot 50,
continuing in all a total dis-
tance of 926.03 feet (called
925.88 feet) to a 1 inch iron
pipe found for corner in the
south line of a Houston
Pipeline Company
Easement;
THENCE S 89 degrees 23
minutes 02 seconds E
(called S 89 degrees 23
minutes E) along the south
line of said pipeline ease-
ment, a distance of 299.94
feet (called 300.00 feet) to a
1 inch iron pipe found for
comer in the east line of Lot
49;
THENCE SOUTH along the
east line of said Lot 49, a
distance of 126.85 feet to
the PLACE OF BEGINNING
and containing 6.3601 acres
of land, more or less.
(Located at 9809 Broadway
Street)
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
�-6
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date i - 3/ 20 OIL
No. Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this/
201L�—
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
ow •• Gros •.•- ••.•.•••• ♦•
•
•
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•
•
•
R•.•fyi!••••••••••••.•••.•►•. • ••• •
•••••-•••••
•
•
•
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•
•
day of `74,cck
Laura Ann Emmons, Publisher
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No / Date z/- 20 �2Y_
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this day of C41).1
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, F lisher
Notary Public, State of Texas
LEGAL NOTICES
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO. 134
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
WC Properties — Dan
Cheek, applicant for The
Peterson Group, owner, for
an amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
General Business District
(GB) to General Business
District — Specific Use
Permit (GB(S)), for storage
and mini -warehouse, on the
following described proper-
ty, to wit:
LEGAL NOTICES
6.3601 acre tract of land
(called 6.363 acres) out of
Lots 49 and 50 of the
Allison Richey Gulf Coast
Home Company
Subdivision of Section 85,
H.T. & B.R.R. Company
Survey, Abstract 304,
Brazoria County, Texas,
according to the map or plat
thereof recorded in Volume
2, Page 107, of the plat
records of Brazoria County,
Texas, and being more par-
ticularly described as fol-
lows:
BEGINNING at a one-half
inch iron rod found at the
common corner of Lots 49,
50, 59, and 60 of the afore-
mentioned subdivision, from
which a found 3/4 inch iron
rod bears East a distance of
1.03 feet;
THENCE SOUTH along the
east line said Lot 50, a dis-
tance of 795.00 feet to a 1
inch iron pipe found for cor-
ner in the existing north
right-of-way line of F.M.
518;
THENCE S 89 degrees 49
minutes 02 seconds W
(called S 89 degrees 52
minutes W), along the exist-
ing north right-of-way line of
F.M. 518, a distance of
299.78 feet (called 300.00
feet), to a 1 inch iron pipe
found for corner;
THENCE N 00 degrees 00
minutes 32 seconds W
(called North), at a distance
of 795.00 feet pass the
north line of said Lot 50,
continuing in all a total dis-
tance of 926.03 feet (called
925.88 feet) to a 1 inch iron
pipe found for corner in the
south line of a Houston
Pipeline Company
Easement;
THENCE S 89 degrees 23
minutes 02 seconds E
(called S 89 degrees 23
minutes E) along the south
line of said pipeline ease-
ment, a distance of 299.94
feet (called 300.00 feet) to a
1 inch iron pipe found for
comer in the east line of Lot
49;
'THENCE SOUTH along the
east line of said Lot 49, a
distance of 126.85 feet to
the PLACE OF BEGINNING
and containing 6.3601 acres
of land, more or less.
(Located at 9809 Broadway
Street)
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
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO. 1168
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,
April 27, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE PERMIT
APPLICATION NO. 134
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification General Business District (GB) to General Business District — Specific Use Permit (GB(S))
on the following described property, to wit:
Legal Description: 6.3601 acre tract of land (called 6.363 acres) out of Lots 49 and 50 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 85, H.T. & B.R.R. Company
Survey, Abstract 304, Brazoria County, Texas, according to the map or plat thereof recorded in
Volume 2, Page 107, of the plat records of Brazoria County, Texas (Located at 9809 Broadway
Street)
At a regular meeting held on April 19, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Specific Use Permit Application No. 134 to
City Council for approval approve contingent upon the limiting of space to 2.412 acres and the
construction of a six-foot masonry wall as a buffer, with a second made by Vice Chairperson Sheryl
Greiner.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Cc: Owner: The Peterson Group
8325 Broadway Street # 202-88
Pearland, Texas 77584
Applicant: WC Properties — Dan Cheek
16615 Sealark
Houston, Texas 77062
Page 1 of 1
Young Lorfing, TRMC
City Secretary
(281) 652-1655
Telecopier (281) 652-1719
June 14, 2004
WC Properties — Dan Cheek for the Peterson Group, Owner
16613 Sealark
Houston, Texas 77062
Ref: 9809 Broadway Street
Dear Mr. Cheek:
On May 24, 2004, the City Council voted to approve Ordinance No. 509-720
(Specific Use Application No. 134) requesting .a change of classification of certain
real property from General Business District (GB) to General Business — Specific
Use Permit (GB(S)) for mini -warehouse uses limiting of space to 2.412 acres and
the installation of a minimum of five-foot (5') tall Oleanders planted at five-foot
(5') on -center intervals along the northern property line.
Enclosed is a copy of Ordinance No. 509-720 for your records.
Sincerely,
oung orfing,RMC
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
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:j Pdnted on Recycled Paper