Ord. 509-625 12-09-02FAILED 12-9-02
ORDINANCE NO. 509-625
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 0.590 ACRES, LOT 5, BLOCK 12,
WEST LEA SUBDIVISION, ABSTRACT 546, H.T.&B.R.R. COMPANY
SURVEY(APPLICATION NO. 1074) (MANVEL ROAD (FM 1128) NORTH
OF BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
THOMAS HAYES, AGENT FOR ERASMO MEDINA, 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, Thomas Hayes, Agent for Erasmo Medina, Owner, filed on September
26, 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 18th of November, 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 19th day of November, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Thomas Hayes, Agent for Erasmo
1
ORDINANCE NO. 509-625
Medina, Owner, whereby the Commission recommended to deny 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 December 9, 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 Thomas Hayes, Agent for Erasmo Medina, 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:
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:
0.590 acres, Lot 5, Block 12, West Lea Subdivision, Abstract 546, H.T. & B.R.R.
Company Survey (Manvel Road (FM 1128) north of Bailey Road)
2
ORDINANCE NO. 509-625
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.
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ORDINANCE NO. 509-625
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
, 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
TOM REID
MAYOR
4
nr..r `.rCC I';CH I JUN
HF•R ? I 101 c, .i_!10 P.02
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 10/20/01
Change in Zoning Classification frorn: residential S.Q
Change in Regulations in Section #:
Specific Use for: •
Property address:
Used Car Lot
FM 1128
to:
c ommerci al
Lot:
5
Block:
12 West Lea
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D, number:
Current use of land: empty / none
Proposed use of land: Used Car Lot
Record owner's name:
Erasmo Medina
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
4614 Arnold Pearland, Texas 77584
713/ 433 3636
Thomas Hayes
2245 N. Main Pearland, Texas 77581
Agent's telephone number: 281/ 485 0082
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 an properties in my vicinity_
Owner's si. nature:
Fees paid: $ 275.00
Received by:
A
ent's si nature - J ' '
Date paid: 9/26/2002
Application number: 1 iCn
0 200 400 Feet
I1111 I
Zone Change Application No. 1074
Erasmo Medina/Thomas Hayes
Manvel Road north of Bailey Road
(SD - C)
N
W E
S
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
1, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
,irculation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No. 1 Date EiG- 3 0 20 0 z..,
No. Date 20
No. Date 20
No Date 20
No Date 20
„iritftrh„.4,1_
President
Subscribe and sworn to before me this ' day of `G
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1074
Pub. 10/30 & 11/6/02
Published Oct 30 & Nov. 6,
2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARL.AND,
TEXAS
Notice is hereby given that on
the 18th day of November,
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 conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Thomas Hayes,
agent for'Erasmo Medina,
owner, for an amendment to.
the Land Use and Urban
Development Ordinance of
,said City from Classification
Suburban Development
District (SD) to Commercial
District (C) on the following
described property, to wit:
0.590 acres, Lot 5, Block12,
West Lea Subdivision,
Abstract 546, H.T. & B.R.R.
Company Survey (Manvel
Road (FM 1128) north of
Bailey Road)
Atsaiddtearing- all •intema d
parties shale have the right
and opportunity to appear
and be heard on the subject.
Is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1074
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 //- 20 /IL
No. Date '20
No. Date '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 0�--
n finer
President
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Public Hearing - Application No. 1074
Pub. 10/30 & 11 /6/02
day o
')9(1)
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Oct. 30 & Nov. 6,
2002
NOTICE. OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF'PEARLAND,
TEXAS
Notice is hereby given that on
the 18th day of November,
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 conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Thomas Hayes,
agent for Erasmo Medina,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City. from Classification
Suburban Development
District (SD) to Commercial
District (C) on the following
described property, to wit:
0.590 acres, Lot 5, Block 12,
West Lea Subdivision,
Abstract 546, H.T. & B,R.R.
Company Survey (Marvel
Road (FM 1128) north of
Bailey 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
APPLICATION 140. 1074
November 19, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1074
Request of Thomas Hayes, agent for Erasmo Medina, owner for an amendment to the Land Use
and Urban Development Ordinance from classification Suburban Development (SD) to
Commercial District (C) on the following described property, to wit:
0.590 acres, Lot 5, Block 12, West Lea Subdivision, Abstract 546, H.T. & B.R.R. Company
Survey (Manvel Road (FM 1128) north of Bailey Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 18, 2002, immediately following a Joint Public Hearing,
the Planning and Zoning Commission considered the above -mentioned request.
Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1074 to City
Council for denial. Commissioner Ray Bacon seconded the motion.
The Commission agreed the request is not in compliance with the Comprehensive Plan.
Motion to deny passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Thomas Hayes, 2245 N. Main St., Pearland, TX 77581
Erasmo Medina, 4614 Arnold, Pearland, TX 77584
Page 1 of 1
173
Motion Passed 4 to 0, with Councilmember Seeger absent.
FIRST READING OF ORDINANCE NO. 509-625 — 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 0.590 ACRES, LOT 5, BLOCK 12,
WEST LEA SUBDIVISION, ABSTRACT 546, H.T.&B.R.R. COMPANY SURVEY
(APPLICATION NO. 1074) (MANVEL ROAD (FM 1128) NORTH OF BAILEY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF THOMAS HAYES, AGENT FOR
ERASMO MEDINA, 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.
Mr. Tobin Maples, Executive Director of Community Services.
Councilmember Marcott made the motion, seconded by Councimember Tetens, to
approve Ordinance No. 509-625 (Application No. 1074) on its first reading.
Mayor Reid read in the record the Planning & Zoning Commission's recommendation to
forward to Council for denial of application No. 1074.
City Manager, Bill Eisen, stated the proposed use is for construction of a used car lot
facility at the location. He further stated a negative did come from the Planning and
Zoning Commission and a three quarter vote would be required in order to over turn the
negative recommendation.
Councilmember Tetens stated there are residential Tots adjourning this property and he
agrees with the recommendation of the Planning and Zoning Commission.
Coucilmember Marcott stated he concurs with the recommendation of the Planning and
Zoning Commission.
Voting "Aye" None
Voting "No" Tetens, Viktorin, Owens, and Marcott.
Motion Failed 4 to 0, with Councilmember Seeger absent.
FIRST READING OF ORDINANCE NO. 509-626 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
Page 11 of 22—12/9/2002 7:00 p.m.