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Ord. 509-639 03-24-03ORDINANCE NO. 509-639 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 7.34 ACRES, J. CRAWLEY SURVEY, A-174 & W.W. DUPUY & L.F. ROBERTS SURVEY, A-726, BRAZORIA COUNTY, TEXAS (14710 SH 288)(APPLICATION NO. 1088) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF TRICOR BUILDERS, AGENT FOR C & S ASPHALT SEALING COMPANY, INC., 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, Tricor Builders, Agent for C & S Asphalt Sealing Company, Inc., Owner, filed on January 21, 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 17th of February, 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 WHEREAS, on the 18th day of February, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council 1 ORDINANCE NO. 509-639 regarding the proposed amendment application by, Tricor Builders, Agent for C & S Asphalt Sealing Company, Inc., 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 March 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 Tricor Builders, Agent for C & S Asphalt Sealing Company, Inc., 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 Commercial District (C), such property being more particularly described as: 7.34 acres, J. Crawley Survey, A-174 & W.W. Dupuy & L.F. Roberts Survey, A-726, Brazoria County, Texas (14710 SH 288) 2 ORDINANCE NO. 509-639 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. 3 ORDINANCE NO. 509-639 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 10th day of March ,2003. ATTEST: TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of March , 2003. 4 TOM REID MAYOR ORDINANCE NO. 509-639 ATTEST: RFI G, Y S RETAR APPROVED AS TO FORM: h 63' DARRIN COKER CITY ATTORNEY 5 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Please check one: Change in ZoningClassification from: £ . O , j 9 to: Cb.w,M (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: J 4 1 (0 5 4 (4 ©2 g Subdivision: Tax I.D. Number: Lot: Block: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): V o. ('. Proposed use of property: PROPERTY OWNER INFORMATION: NAME C f S AS p &s4. II e i; GSi7 ir►G, ADDRASS p 13 Q./ plc .2 11 7 CITY Pear land STATE 2LZIP 7 75 ES' PHONE(83.2 ) 444 g. c2.00© FAX( S3o2 ) J,/ti/$ D200 7 E-MAIL ADDRESS Joe j/mt 10 44 >d s c S"4• 14 APPLICANT/AGENT INFORMATION: NAME —rte• , c.o r' Qcui oft ADDRESS g 1.0 0 7 C , 1?d • q Ai. CITY ices tiuYc'4 STATE Tx, ZIP 7'75g3 PHONE(' $1 ) y 3 I (stI -1 0 FAX(✓zSI ) 131 (1 1 E-MAIL ADDRESSCrk5`pti/h 'n,, , ri c I (7r)) , C0ifi 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 etibTT I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: j /` vrns Gres' OFFICE USE ONLY: FEES PAID: Date: / /92 //a3 / —C> — Date: DATE PAID: RECEIVED BY: I `PLICATION NO. tO kirrilar=12;" ow— PIMIIIMigarlp -mi Zone Change Application 'No. 1088' C ,&; S ,Asphalt Sealing Co.,} Inc. Tricot Bu lder 1 4714 a#ate H i hway 288 February 18, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1088 Request of Tricor Builders, agent for C & S Asphalt Sealing Co., Inc, 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: 7.34 acres, J. Crawley Survey, A-174 & W.W. Dupuy & L.F. Roberts Survey,A726 Brazoria Co., TX (14710 SH 288) Honorable Mayor and Council Members: At a regular meeting held on February 17, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ray Bacon made a motion to forward Zoning Application No. 1088 to City Council for approval with a second made by Commissioner Don Sederdahl. Motion to approve passed 7 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission C & S Asphalt Sealing Co., Inc. P.O. Box 2117 Pearland, Texas 77588 Tricor Builders 8607 CR 48 N Rosharon, Texas 77583 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 newspaperof.general circulation in Brazoria, Harris & Galveston Counties, for / issues,'as follows: No. / Date / - - q 20 0 3 No. Date .20 No. Date '20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 3 LAURA ANN EMMONS Notary Public; State of Texas Commission Expires 09-09-2006 Notary Public.State of Texas Public Hearing - Application No. 1088 Published 01/29/03 & 02/05/03 Published Jan. 29 & Feb. 5, 2003 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 17th day of February, 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 Tricor Builders, agent for C & S Asphalt Sealing Co., Inc., 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 prop- erty, to wit: 7.34 acres, J. Crawley Survey, A-174 & W.W. Dupuy & L.F. Roberts Survey, A-726, Brazoria Co., TX (14710 SH 288), 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 NO. 1088 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas .77581 tate of Texas razoria and Harris Counties Randy Emmons, hereby cdrtify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general rculation in Brazoria, Harris & Galveston Counties, for / issues;, as follows: No. Date 20 62 No Date 20 No. Date 20 No. Date 20 No. Date 20 Jscribe and sworn to before me this ZOOS 1 go( /n/r/2,-- LAURA ANN EMMONS Notary public, State of Texas Commission Expires pg- os-loos • • Laura Ann Emmons, Publisher President day of Notary Public. State of Texas Public Hearing - Application No. 1088 Published 01/29/03 & 02/05/03 Published Jan. 29 & .Feb. 5, 2003 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNGII. AND THE PLANNING AND ZONE COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that On the 17th day 0f February, 2003, at 630 p.m„the City Council and Planning, and Zoning Commission of the City of Pearland, "Brasoria, Harris and';, Fort Bend Counties, Texas, will conduct a joint publichearing in the Council Chambers of. City Hall, 3519_,Liberfy Drive, Pearland,'=>Texes, on the request of Tricor Builders, agent for C & S Asphalt Sealing Co., Inc., 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 prop- erty, to wit: 7.34 acres;. J. Crawley Survey, A-174 & W.W. Dupuy & L.F Roberts Survey, A•726, Brazoria Co., TX (14710 SH 2138) 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 NO. 1088 - - vorzoimuus 10:4U 1A.[ Zs15300U90 BPI REALTY SERVICES l4 002 Tuesday, March 25, 2003 Darrin Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 RE: Zoning for Specific Use for Self -Storage Facility; Pearland, Texas Dear Darrin: Per our meeting last night before City Council, enclosed please find a site plan of the proposed facility that shows the boundary line of the location of the brick wall as it stops at the south end of the proposed self -storage building. It is our understanding that the brick wall will be constructed along the entire boundary of the property up to the point where it indicates an the site plan that the wall stops. Please attach this to the Zoning Resolution as an exhibit and forward a copy to ine for my files. Thanks_ Sincerely, BPI R-: ity Services, Inc. G President cc: S.F. Sanders (Fax: 979-268-4052) Zoning File GKF RF F!\DATAICORRIGARY1518 West\Storage Facility - Sander„20030325 DCok . - Zoning.DOC 3/25/03 bI 11753 WE5T 6ELLFORT SJITE 114 STAFFORD, TEXAS 77477 2$1-530-0900 FAX 28i-530-0690