Ord. 509-690 02-05-04 WithdrawnWithdrawn by Applicant
215/04
ORDINANCE NO. 509-690
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 22.085 ACRES, SITUATED IN LOTS 105 AND
108 OF A SUBDIVISION OF THE A.C.H. & B.R.R. COMPANY SURVEY,
SECTION 1, ABSTRACT 147, BRAZORIA COUNTY, TEXAS (3202 E. PLUM
STREET) (SPECIFIC USE APPLICATION NO. 131) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT
- SPECIFIC USE (SD(S)) AT THE REQUEST OF PBK ARCHITECTS, INC.,
AGENT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT, 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, PBK Architects, Inc., Agent for Pearland Independent School
District, Owner, filed on December 22, 2003, 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 of January, 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
WHEREAS, on the 22nd day of January, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-690
regarding the proposed amendment application by PBK Architects, Inc., Agent for
Pearland Independent School District, Owner, whereby the Commission's
recommendation to approve failed a change of classification for the property described
in Exhibit "A" from its existing classification of Suburban Development District (SD) to
Suburban Development District - Specific Use (SD(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
February 9, 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 PBK Architects, Inc., Agent for Pearland Independent School
District, 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) is hereby for all purposes changed and reclassified as Suburban Development
District - Specific Use (SD(S)), such property being more particularly described as:
2
ORDINANCE NO. 509-690
22.085 acres, situated in Lots 105 and 108 of a subdivision of the A.C.H.
& B.R.R. Company Survey, Section 1, Abstract 147, Brazoria County,
Texas (3202 E. Plum 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.
3
ORDINANCE NO. 509-690
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 day of
, 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
4
TOM REID
MAYOR
ORDINANCE NO. 509-690
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
TOM REID
MAYOR
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
Change in Zoning Classification from: to: Ile__
Dip
Change in Regulations in Section #:
X Specific Use for: * Nati acid I -10r, c?-X4=riof Loa Uya 7c ,r-id k k f'x/ Sirk/ ki eiit / likia l!P`I'")
,
Property address: 3 Z c--'L E tl.�=,.% P v iV_\
Lot: I 0 �> 4 i � g Block:
< � ()
Subdivision: Ac N `*' BPI), Cc) �-'r �,
Metes & Bounds Description:
(unplatted property only; attach survey) /_)(, t 1 --k (tC. 11Q(
h
1
Tax I.D. number: 1 — 1 L4 - (1; (''C= i 8 c.-", LI — (L;
Current use of land: t ' Ct't �a nt_1 -L 5 1- U3 , -) I rr are 4(,t (t� t C '; h '1 C, t \ 1 \ I
Proposed use of land within requested designation: 0 e L can L J Lc.u)t i U ,:x-_ — lei L% L_ 6i i n)4 ()_
Record owner's mme: 1�JC (I{ I Cjt�t(^V A E_ porx t E'1�14
` cha%C I DI '7)-1
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Owner's mailing address: ) .2.7 k Gx-t V"e Au rl i i-'(t ((t"inC , Ix 1 ) 3 I
Owner's telephone number: J ?) - col— ) L. I) (Do, t; i;.1 A o ► tan (1 )
Agent's name: 1-7)13I. A i c. 11 ! ) y C. 4� S) -i i') C •
Agent's mailing address: C 2 "7 ,rl it, wit i?CLii 1) if I V. i $+ % 1 v i l-e ac j o c C. V�, y
`, 73
Agent's telephone number: 2 "F, I - 3 c-1 - LI 7 5 7
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:
Agent's signature: / S
�'a
Fees paid: $ � t� �,�
- 39-03 etA35#-47 1
Date paid: � ,� Q
Received by: ti1:1 -
Application number: jj,,c 1 3
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LOCATION MAP
Specific Use Permit Application No. 131
Owner: Pearland ISD/PBK Architects, Inc.
3202 E. Plum Street
(SD - SD(S))
W+E
0 200 400 Feet
11111 I
2� I
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O.,Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No. / Date %--3( 20 03
No Date 20
No Date 20
No Date 20
No. Date 20
•a• -••••'•••••••••••••►•••a•••►►••
••
•
•
•
•
•
••••••a••a••••••:i•••, •••►•.
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Subscribe and sworn to before me this
20 03
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of 0QC
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE APPLICA-
TION NO.131
Notice is hereby given that
on January 19, 2004, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Hams
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
PBK Architects, Inc., appli-
cant for Pearland
Independent School District,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Suburban
Development District —
Specific Use (SD (S)), in
order to allow a public
school and school -related
facilities, with any new build-
ing additions to have exteri-
or walls that match the
existing buildings on site, on
the following described
property, to wit:
22.085 acres, situated in
Lots 105 and 108 of a sub-
division of the A.C.H. &
B.R.R. Company Survey,
Section 1, Abstract 147,
Brazoria County, Texas
(3202 E. Plum Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
/s/ Theresa Grahmann
Planner 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 /" 0 7 20 O ci
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20_
President
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 31, 2003 &
Jan. 7, 2004
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE APPLICA-
TION NO. 131
Notice is hereby given that
on January 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
PBK Architects, Inc., appli-
cant for Pearland
Independent School District,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Suburban
Development District -
Specific Use (SD (S)), in
order to allow a public
school and school -related
facilities, with any new build-
ing additions to have exteri-
or walls that match the
existing buildings on site, on
the following described
property, to wit:
22.085 acres, situated in
Lots 105 and 108 of a sub-
division of the A.C.H. &
B.R.R. Company Survey,
Section 1, Abstract 147,
Brazoria County, Texas
(3202 E. Plum Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
/s/ Theresa Grahmann
Planner I
January 22, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE PERMIT
APPLICATION NO. 131
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Dwelling District (SD) to Suburban Development Dwelling District — Specific Use
(SD (S)) on the following described property, to wit:
Legal Description: 22.085 acres, situated in Lots 105 and 108 of a subdivision of the A.C.H. & B.R.R.
Company Survey, Section 1, Abstract 147, Brazoria County, Texas (3202 E. Plum Street)
At a regular meeting held on January 19, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Vice Chairman Sheryl Greiner made a motion to forward Specific Use Permit Application No. 131 to City
Council for approval with a second made by Commissioner Linda Cowles.
Motion to approve failed 2-5
"Aye" — Commissioner Ruby Sandars and Vice Chairman Sheryl Greiner
"No" — Chairman Todd Iocco, Commissioner's Linda Cowles, David Ransom, Don Sederdahl, and Neil
West
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner: Pearland Independent School District
2337 N. Galveston Street
Pearland, Texas 77581
Applicant: PBK Architects, Inc.
3027 Marina Bay Drive, Suite 210
League City, Texas 77573
Page 1 of 1
r Lb. '. c)ki4 is Tz liYC.
NO. 736 ' F . 1. 1
PBK Architects, Inc.
February 5, 2004
One Harbour Square
3027 Marina Bay Drive
Suito 210
League City, Texas 77573-2700
Phone: 281.334.4757
Fax: 281.334.5022
www pbkarchitects.com
Honorable Mayor Toni Reed and
Pearland City Council Members
Qty of Pearland
3519 Liberty Drive
Pearland, Texas
Re: Construction Package "2": Transportation Facility Addition
PBK No.: 0351
Special Use Application No. 131
We respectfully request that Specific Use Application No. 131 submitted to the City of
Pearland be withdrawn for consideration.
If you have any questions, please do not hesitate to call my office.
Sincerely,
Phil Rutter
Associate
PR1r1
/4/1
cc: David Holland, Pearland. Independent School District
Tobin Maples, City of Pearland - Via Fax:: (281) 652-1705
File 3E
lOWEr[l
9 2004 Li
CITY OF PEARLAND
CITY SECRETARY'S OFFICE
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