Ord. 509-608 10-14-02ORDINANCE NO. 509-608
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 AND GRANTING A SPECIFIC USE PERMIT FOR OUTSIDE
STORAGE, ON THE FOLLOWING PROPERTY, BEING 4.9990 ACRES, BEING
THE SOUTH 1/2 OF LOT 3, AND 4.990 ACRES BEING THE NORTH 1/2 OF
LOT 3 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBURBAN GARDENS SUBDIVISION OF SECTION 19, H.T.& B.R.R.
COMPANY SURVEY, A-243, ACCORDING TO THE MAP OR PLAT
RECORDED IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION 1064)(SPECIFIC USE NO. 112) (1805
CULLEN BOULEVARD TO 1855 CULLEN BOULEVARD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO COMMERCIAL
DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF GIL ALLISON,
AGENT FOR ALLISON INVESTMENTS, 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, Gil Allison, Agent for Allison Investments, Owners, filed on August 8, 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 9`h of September, 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 109h day of September, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Gil Allison, Agent for Allison Investments, Owners, whereby the
Commission recommended and approved a change of classification for the property described
1
ORDINANCE NO. 509-608
in Exhibit "A" from its existing classification of Suburban Development (SD) to Commercial
District - Specific Use (C(S)); 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 September 23, 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 Gil Allison, Agent for Allison Investments, Owners, 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 (SD) to is hereby for all
purposes changed and reclassified as to Commercial District - Specific Use (C(S)); for outside
storage such property being more particularly described as:
4.9990 acres, being the south 1/2 of Lot 3, and 4.990 acres being the north 1/2 of Lot
3 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision of
Section 19, H.T.& B.R.R. Company Survey, A-243, according to the map or plat
recorded in Volume 2, Pages 23-24, Plat Records of Brazoria County, Texas (1805
Cullen Boulevard to 1855 Cullen Boulevard)
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
2
ORDINANCE NO. 509-608
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-608
PASSED, APPROVED, and ADOPTED on First Reading this 23 day of
September ,2002.
TOM REID
MAYOR
ATTEST:
UNG
Y S "' RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14 day
of October , 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
JUN 25 2002 14:07 FR CITY OF PEARLRND 281 652 1702 TO 92814852195 P.02
CITY OF PEARLAIW
ZONE CHANGE APPLICATION )
revised 10/20/0I• •
Change in Zoning Classification from: 7)
Change in Regulations in Section #:
1_ Specific Use for:
Property address: / 6_QS
Lot: Block:
to: t__
Subdivision:
Metes & BoundsoDty only; at a ! laa 4)3 l4 7 3 tut F I .At7
(unplatted property only; attach survey)!_1
/0 ALli y
Tax I.D. number:
Current use of land: t)S Div eCS pee
Proposed use of land: ? Sri v efl
Record owner's name: AU —cc ,N✓e,'31m e)u15
Owner's mailing address: / 8 s3 «Litte a. LJ D , kvz t 1 /3, Pn4R-t/o , ? 77JW/
_ ��8 F- l� S�
Owners telephone number.
Agent's name:
's rnailirw address: 1 U Sr 0—,01.L,Csry aLue , 5xr6 i13) nNn - 77.5 tJ
Agent's telephone number �81 Y81=/8s1.
:
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 Spec Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be Incompatible with cu nt and future uses on propertles In my vicinity.
Agent's signatu : /`
Owner's signatur
Fees paid: $
+ amS .
Date paid: S g I ®a
Received by:
✓ rc
D-12,
Y�
Application number. ' v
0 200 400 Feet
1II11
Zone Change Application No. 1064 and
Specific Use Application No. 112
Allison Investments/Gil Allison
1805 -1855 Cullen Boulevard
(SD - C (S))
N
W+E
S
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,i as follows:
No / Date 8"2( 20 67
No Date 20
No. Date 20
No. Date 20
No. Date 20
idtvigiwide
President
Subscribe and sworn to before me this day of
20 0i-
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09.2006
t
Laura Ann Emmons, Publisher
Notary Public, State of Texas
i
Public Hearing - Application No. 1064
Special Use Permit Application No. 112
Published 821&28/02
Published Aug. 21 & Aug.
28, 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 9th day of
September, 2002, at 6:80
p.m., the City Council and
LEGAL,
Planning and Zoning
Commission of the City of
Peadand, Brazoda, Harm
and Fort Bend Counties,
Texas, will conduct a )Dint
pubkhearing e11he Council
Chambers of City Hall, 3519
Uberty Drive, Peartand,
Texas, on the request of Gil
Allison, agent for Allison
Investments, owner, for an
amendment to the Lard Use
and Urban Development
Ordinance of said City from
Classification .Subdrban
Development District (SD) to
Commercial- District -
Spedfic Use (C (S)) for out-
side storage of goods or
merchandise, on the follow-
ing described property, to •
wit
4.9990 acres, belntg the
south 1/2 of Lot-S, and 4.990
aces being the myth 1/2 of
Lot 3 et the Allison Richey
Gulf Coast Home - Co.
Suburban .Gard
Subdivision of Sec. 19,
HT&BRFL Co. Survey, A-
248, acco$ng toparoepor
Plat recordod,in Whams 2,
Pages 2$24,Flat Records
of Srazoria County; TX
(1805 CoBen Boulevard to
1855 Cullen Boulevard)
At said hearing all interested
Rites shall have the fight
and opportunity to appear
and be heard on the subjecd.
/sl Mona Ann Phipps
Development Coordinator
APPUCATION N0.1064
SPECIFIC USE PERMIT
APPUCATION N0.112
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 8-28 20 Di
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 02--
4iwner
President
0211
LAURA ANN EMMONS
Notary Public, State of Tens
Commission Expires 09-09-2006
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing -Application No. 1064 and
Special Use Permit Application No. 112
Published 8/21 &28/02
Published Aug. 21 & Aug.
28, 2002
NOTICE OF A JOINT
PUEUQ HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
CQNNISSION,OF THE
Ct i/QFPEARLAN#D,t
TEXAS
Notice is hereby given that
on the 9th - day of
*banter, 2002, at 8:30
Pa, the City Council and
Planning and Zoning
Commission of the City of
Peadand, Brazoria, Hants
and Fort Bend Counties,
Texas, will conduct a John
pubic hewing into Council
Chambers of City Hell, asI9
liberty Drive, Petulant
Texan, on the request Of Gal
Allison, agent forAllison
Investments, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said GdtY from
Clasaiticadon Suburban
Development Disbicl (SD) to
Commercial District -
SpecEc Use (C (S)) for aul-
aide storage d goods or
merdiandiee, on the folow-
ing described property, to
wit:
4.9990 acres, being the
south 1/2of Lot 3,and 4.990
acres being the north 1t2 of
Lot 3 d the Allison Richey
Gulf Coast Home Co.
Suburban Gardens
Subdivision of Sec 19,
HT&BRR Co. Survey, A-
243, auadwg to the map or
plat recorded in Volume 2,
Pages 24.24, Plat -Records
of Brazoria County, TX
(1805 Cullen Boulevard to -
1855 Can Boulevard)
At said hearing all interested
parties shell have the right
and opportunity to appear
and be heard on the suhjed.
/a/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1S 4
SPECIFIC USE PERMIT
APPUCATION NO. 112
September 10, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1064 and SPECIFIC USE APPLICATION NO. 112
Request of Gil Allison, agent for Allison Investments, owners for an amendment to the Land
Use and Urban Development Ordinance from classification Suburban Development District
(SD) to Commercial District — Specific Use (C(S)) to allow for outside storage on the following
described property, to wit:
4.9990 acres, being the south 1/2 of Lot 3, and 4.990 acres being the north 1/2 of Lot 3 of the
Allison Richey Gulf Coast Home Co. Suburban Gardens Subdivision of Sec. 19, H.T.& B.RR
Co. Survey, A-243, according to the map or plat recorded in Volume 2, Pages 23-24, Plat
Records of Brazoria County, TX (1805 Cullen Boulevard to 1855 Cullen Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on September 9, 2002, immediately following a Joint Public Hearing,
the Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1064 with Specific
Use Application No. 112 to City Council for approval with a second made by Vice -Chairman
Selemon.
Motion to approve passed 3 to 2.
Voting Record:
"Aye" — Vice -Chairman Selemon, Commissioner's Bacon & Sandars.
"No" — Chairman Iocco and Greiner.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Gil Allison, 1855 Cullen Blvd, Suite 113, Pearland, TX 77581
Allison Investments, 1855 Cullen Blvd, Suite 113, Pearland, TX 77581
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