Ord. 509-634 02-24-03ORDINANCE NO. 509-634
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 15.18 ACRES, MORE OR LESS,
SITUATED IN THE JOHN W. MAXEY SURVEY, ABSTRACT 721, BEING
PART OF AND OUT OF A 208.10 ACRE TRACT DESCRIBED BY DEED
RECORDED IN VOLUME 1107, PAGE 859 OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (NORTHWEST CORNER OF FM 518 AND
SUNRISE BOULEVARD)(APPLICATION NO. 1080) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF RIVERWAY
COMMERCIAL DEVELOPMENT, LLC, AGENT FOR GEORGE GILMAN,
TRUSTEE, 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, Riverway Commercial Development, LLC, Agent for George Gilman,
Trustee, Owner, filed on December 13, 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 20th of January, 2003, 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. 509-634
WHEREAS, on the 28th day of January, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Riverway Commercial Development, LLC, Agent for
George Gilman, Trustee, Owner, whereby the Commission recommended and approved
a change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (SD) to General Business District (GB);
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 February 10, 2003, 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 Riverway Commercial Development, LLC, Agent for George Gilman,
Trustee, 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 General Business District (GB); such
property being more particularly described as:
2
ORDINANCE NO. 509-634
15.18 acres, more or less, situated in the John W. Maxey Survey, Abstract 721,
being part of and out of a 208.10 acre tract described by deed recorded in Volume
1107, Page 859 of the Deed Records of Brazoria County, Texas (Northwest Corner
of FM 518 and Sunrise 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 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. 509-634
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 1Oth day of
February , 2003.
ATTEST:
YNGL
Y SEI1 ETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-634
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of February , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
❑x Change in Zoning Classification from: Suburban Develop to: General Business
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: TO BE DETERMINED
John W. Maxey Survey (aka)
Subdivision: John W. Maxey Survey
Lot: Block: 15.18 Acres
(See attached Survey)
Tax I.D. Number: 27-0031910
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): Vacant Land
Proposed use of property: Retail/office
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME George Gilman, Trustee NAME Riverway Commercial Development,
ADDRESS 710 N. Post Oak Rd, Ste 400 ADDRESS PO Box 3083
CITY Houston STATE TX ZIP 77024 CITY Pearland STATE TX ZIP 77588
PHONE( 713 ) 613-2900 PHONE( 281 ) 997-9876
FAX( 713 ) 613-2908 FAX( 281 ) 412-6672
E-MAIL ADDRESS .,i//7/104/ E-MAIL ADDRESS ausmuscarlew@houston.rr.com
(( // % �� .G' �u'7 S'_C 1
i
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, ». � i,`�� /4/� A Date:
Agent's Signature:
w
Xi) #4444,7/
Date: /02/62
OFFICE USE ONLY: V 1
FEES PAID: $275.,,00 DATE PAID: ) d I (,�fl
RECEIVED BY: {V fl f )7 APPLICATION NO. /O RV
LLC
0 200 400 Feet
I
Zone Change Application No. 1080
George Gilman/Riverway Commercial Development
Northwest Corner of F.M. 518 and Sunrise Boulevard
(SD - GB)
January 28, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1080
Request of Riverway Commercial Development, LLC, agent for George Gilman, trustee, for an
amendment to the Land Use and Urban Development Ordinance of said City from classification
Suburban Development District (SD) to General Business District (GB), on the following
described property, to wit:
15.18 acres, more or less, situated in the John W. Maxey Survey, Abstract 721, being part of and out
of a 208.10 acre tract described by deed recorded in Volume 1107, Page 859 of the Deed Records of
Brazoria County, Texas (Northwest Corner of FM 518 and Sunrise Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on January 20, 2003 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. 1080 to City
Council for approval with a second made by Commissioner Ray Bacon.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: George Gilman, Trustee
710 N. Post Oak Road, Suite 400
Houston, Texas 77024
Riverway Commercial Development, LLC
P.O. Box 3083
Pearland, Texas 77588
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. / Date / - 20 D 3
No Date '20
No. Date '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 0 3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
k day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1080
Published 01/01 & 08/03
Published Jan. 1 & 8, 2003
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 20th day of January,
2003, 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, wit conduct
a joint public hearing in the
Council Chambers of City
_ Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Riverway
Commercial Development,
LLC, agent for George
Gilman, Trustee, owner, for
an amendment to the Land.
Use and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
General Business District
(GB) on the following
described property, to wit:
15.18 acres, more or less, sit-
uated in the John W. Maxey
Survey, Abstract 721, being
part of and out of a 208.10
acre tract described by deed
recorded in Volume 1107,
Page 859 of the Deed
Records of Brazoria County,
Texas (Northwest Corner of
FM 518 and Sunrise
Boulevard)
At said hearing all interested
parties shall have the right
and opportunity toappear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1080
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
candy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for / issues;: as follows:
No. / Date / — / 20 6 3
No. Date 20
No. Date 20
No. Date 20
No. Date 20
scribe and sworn to before me this
03
7Y2du%mmrm=-
l5
LAURA ANN EMMONS
Notary public, State of Texas
• .,,..' Commission Expires pg_
•
Laura Ann Emmons, Publisher
President
day of
Public Hearing - Application No. 1080
Published 01/01 & 08/03
Notary Public, State of Texas
Published Jan. 1 & 8; 2003
NOTICE OF A.JOINT
PUBLIC HEARING OF THE -
CITY COUNCIL AND THE
PLANNING AND ZONING
COMPASSION; OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby, given that on
the 20th day of January,
2003, 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 Riverway
Commercial Development,
LLC, agent for George
Gilman, Trustee, owner, for
an amendment to the Land
Use and; Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
General Business District
(GB) on :,the following
described property, to wit:
15.18 acres, more or less, sit-
uated in the John W. Maxey
Survey, Abstract 721, being
part of and out of a 208.10
acre tract described by deed
recorded in Volume 1107,
Page 859 ; of -, the. Deed
Records of Brazora County,
Texas (Northwest Corner of
'FM- 518 - and -Sunrise
Boulevard)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1080