Ord. 509-306 04-26-99 FailedORDINANCE NO. 509-306
FAILED 4-26-99
ORDINANCE NO. 509-306
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 BEING APPROXIMATELY 48.17 ACRES, W.L. DOBSON
SURVEY, A-187, THE SOUTHWEST CORNER OF THE W.L. DOBSON
TRACT, VOLUME 36, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 675) (CULLEN BLVD. & WEST
STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST
OF ALICE ALMOKARY & JACK N. NAHAS, INDIVIDUAL CO. EXECUTORS
FOR THE ESTATE OF PRINCESS ROSE MARIE BAGNOLI, 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, Alice Almokary & Jack Nahas, Individual Co. Executors for the Estate of
Princess Rose Marie Bagnoli, owner, filed on December 30, 1998, 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 application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 12th day of April, 1999, 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 April, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Alice Almokary & Jack N. Nahas, Individual Co. Executors for
Estate of Princess Rose Marie Bagnoli, 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 concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on April 26, 1999, 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 Alice Almokary & Jack N. Nahas, Individual Co. Executors for Estate of
Princess Rose Marie Bagnoli, owner, facts were 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:
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:
Being approximately 48.17 acres, W. L. Dobson Survey, A-187, the Southwest
corner of the W. L. Dobson tract, Volume 36, according to the plat records of
Brazoria County, Texas ( Cullen Blvd. & West Stone Road)
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
and presentation of this matter to the Planning and Zoning Commission and to the City
Council for consideration and decision.
Ill.
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.
ORDINANCE NO. 509-306
3
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED,APPROVED, and ADOPTED on Second and Final Reading this day
of , 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
xx Change in Zoning Classification from: S D to: G B
Change in Regulations in Section #:
Specific Use for: *
Property address: Cullen Road (formerly Chocolate Bayou Road)
Lot:
Block: Subdivision:
Metes & Bounds Description: see attached plat and metes and bounds de-
(unplatted property only; attach survey) scription--new survey has been ordered
Tax I.D. number: 76-6141771 (Estate)
Proposed use of land within requested designation: cemetery/mortuary
Estate of Princess Rose' Marie Bagnoli, Deceased
Record owner's name: Alice Almokary and Jack N. Nahas, Ind. Co-Executors
Owner's mailing address: 7535 Brompton Court, Houston, Tx 77025
Owner's telephone number.
Agent's name: Benjamin H. Best, II, Lawyer
Agent's mailing address: P. 0. Box 1168/ 2414 S. Park; Pearland, TX 77588
Agent's telephone number: 281-485-0666 FAX 281-485-3197
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: Ac 7'74,a,¢._ Agent's signat ;a4/.11.4.t/C:///‘;/-1/
r
Fees paid: $ IQ Date :
tt
Received by: Application number: L07 5
•
/7010
011
m
f
CITT OF PEARIAND
W
URE
LJ 48.17 ACRES
U ZONE SD
Cfl'T MIT LINE
W. STONE ROAD C.R. 108 17
ZONE SD
Lm3
ZONE SD
ZONE SD
18
2
OWNERS: AL ICE ALNOKARY & JACK N.
NAHAS, IND. CO-EXECUTORS
si�:!::�
City of Peartand Texas
ZONE CHANGE
FROM
8DTOG8
SD SUBURBAN DISTRICT "475 ..r. SHEET
4013.
GB GENERAL BUSINESS DISTRICT 0 � 1999 "41 O""'"
B. CIO rw
Clad M D. MTH 99-Il011 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 and Harris Counties, for / issues, as follows:
No. / • Date 19 17
No. Date 19
No. Date 19
No. Date 19
No. Date 19
•
-2,0-166?„ ay\Om-
(President
Subscribe and sworn to before me this 2. 0 day of .Ci\
19 5� •
,,,,,,.0274i.k.,141 URA A AMON
orkir - v - blic,State of Tex •
• .-'—�' rri"r 3i`�59 ' .her
Notary Public, State of Texas
•
17-
ii
ticiii(Nb4hEOLAWI 1
.I G1-ANLYZONiNG COU=.
-:-§pFtof THE CITY OFL. '
„
'LAND,TEXAS .
f'"? .;Isliiiiietly•glyerithat on
;•ANtiaii§rivit1999; t
.:,E3Dp.m.;lhe City.Council
the Planning and Zoning
gominissiori of the City of
Bra2ork3•and Harris
!le,Ounties,Texas,will conduct
4Joint Public Hearing in the ;
;gouncil Chambers,City Hall,
419 Liberty Drive,Pearland,
14''xis, on the request of
Lenjamin fest,II,agent for I
'FlaUf:OfiPiiiicess Rose
Beignall;Alice Almokary
•
Nahis,.Co-Executors.
. Or,for an amendment to
the Land Use and'Urban
Development Ordinance of
401 City from Classification
'Suburban-Development(SD)
0:Ge ne re I Business District
•k`,.(GB). .the--following
property,to wit
Beineagproximately 48.17
t
tacres,W.L.'Dobson survey.
4-187,the'.SW'cornet of the
; m.L Dobion tract:Vol 36,
.i`ccorcing to the deed re6ords
Brazoria Co., TX(Cullen I
zAt said hearing all interested
ijarties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
City Secreta_nt -_ •
Ap ,_ .
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 and Harris Counties, for / issues, as follows:
No. / Date - " 3/ 19
No. Date 19
No. Date 19
No. Date 19
No. Date 19
•
?-.C)(01., 5nArn.GrY3'
President
Subscribe and sworn to before me this ( day of
191 A
al& • votary Public,State of Texas ,
l: rar fii`PfibTirgs Ali her
Notary Public, State of Texas
, .
, •
l.AF....._________. ________. -
-.: Texas, on the request of
If:Benjamin H.Best,It agent for
Estate of Princess-Rose
Marie Bagnoli,Alice Almokary
IA Jack Nahas,Co-Executors.
•li!Owner,for an amendment to!Ithe Lanct'llisi and Urban • I
. 'Development Ordinance of
,.I
jeald City from Claisification-,
•.,.Suburban Development poi
!o General Business District.
ilfAmr-01-1:47Wvale,.. e (GB) On--the -following
, 4 1/ 44!,1,14•;•t.c, *OM 9(6006:Itiiiff .: ! .
;V i-7-7, -;- -,.1.- "--"7.-.1)-ri.4, .04 approximately 46:if:
HEARING OF :-/!':-#.bitiq',,bv-L:POPOilipinvoiy:
j. (34t1:54t15,11.!.:0 --P7ii;i4bY,Z,C61i1.....A.,--et.;e9f„...0*
, 141H0 ,tivG2uNind COM-..z;'' ...--Dobson.. .Ullti4r.,y9 go;
7 .MISSION-tir.THE t itY 0 VI .*cc6M419:me Oied:** 1,
tvnt
.. :PEAR.LAN0,1itat :, .,, )4',tif Brizsda Co..Ti(Wien.
s-Y.
1Roa
Noil $2.0het0Y-91119n014i. i''' ,tic3--;-4..1,--,,-ii,i—,,,. Iii--- .I-,,g,..-.-.4;..
-the.:tiaiday_Of M9,499901::•7.4: •••-t-,w----.in,,R. ...7to.y 1
. .',$07A.,,Fi,„AtcsoiAungo :ItitiF41:00.40-166.-iight...
.'theFlari.,n1Pg and Zoning • i•-,'-„PiOttYPIIY!OPP*Od.-.
;-,C4iiiinEsii:on"of gie:.0ity,of ,ii:-11M9.t,thff...spOi!Ppc
..,134a0ki.d:,040rja alAt41*'..;it-,-..;•.,---: ,-_,:
.6ntii,teilis,*.00nFiuct'•g. Ilin....mbirki.i :::•-; —.‘. . -
,- Joint Rublic:Rearingitt.the ',Ii. -- -7:":. . : ,
r - nab Chambers,City Hai, 1, ,-, ..
19 1.berty Drive,Pearland, ','k ._1-4-.,::..!1-4 , -
t_.
Young Lorflng �� i� Melissa Harris
City Secretary h Administrative Clerk
(281)485-2411 x341 i t m i. :;ry:. . - (281)485-2411 X340
Telecopler(281)485.1106 pE,1JJ.._1j\ ' Telecopler(281)485-1106
A S
E'sT, X 18 vA�
..
April 30, 1999
Estate of Rose Marie Bagnoli
Alice Partain and Jack N. Nahas, ind. Co-Executors
7535 Brompton Court
Houston, TX 77025
Dear Ms. Partain and Mr. Nahas,:
On April 26, 1999 the City Council considered Ordinance No. 509-306 (Application No.
675)requesting the change of classification of certain real property from the classification
of Suburban Development District (SD) to General Business District (GB), after
considering Ordinance No. 509-306 (Application No. 675)the City Council voted 3-2 not
to approve Ordinance No. 509-306 (Application No. 675).
Sincerely,
-,j
ou i! orfi g
ity Secretary
3519 LIBERTY DRIVE• PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 •www.ci.pearland.tx.us
firr'''',,
t if.Iii
lite
Young Lorting ' Melissa Harris
City Secretary Administrative Clerk
(281)485-2411 x341 1.0 4 r - (281)485-2411 X340
Telecopler(281)485-1108 AND Telecopier(281)485-1106
PE A
TEX AS
April 30, 1999
Estate of Rose Marie Bagnoli
Benjamin H. Best II - Lawyer
2414 S. Park
Pearland, TX 77581
Dear Mr. Best:
On April 26, 1999 the City Council considered Ordinance No. 509-306 (Application No.
675) requesting the change of classification of certain real property from the classification
of Suburban Development District (SD) to General Business District (GB), after
considering Ordinance No. 509-306 (Application No. 675)the City Council voted 3-2 not
to approve Ordinance No. 509-306 (Application No. 675).
Sincerely,
, ,
1ou • orfin.
City Secretary
3519 LIBERTY DRIVE• PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 •www.ci.pearland.tx.us
19 April 1999
Mayor& City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Applications No. 675
The above referenced zone change applications were reviewed by the Planning&Zoning Commission
at a regular meeting on Monday,April 12, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban Development (SD)
to General Business District (GB) on the following properties, to wit:
Application No. 675
Owner: Estate of Princess Rose Marie Bagnoli
Alice Almokary& Jack N. Nahas, Individual Co. Executors
•
7535 Brompton Court
Houston, TX 77025
Benjamin H. Best, II, agent
Legal: Being approximately 48.17 ac., W.L. Dobson survey, A-187, the SW
corner of the W.L. Dobson tract, Vol. 36, according to the plat records
of Brazoria Co., TX(Cullen Blvd. & W. Stone Road)
The motion was made by Commissioner Jack Mathis and seconded by Commissioner Emil Beltz to
approve the application listed above.
The motion to approve passed unanimously (5-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
1MJ�o2 /i6rr,
2rr, Chairperson
Planning&Zoning Commission
City of Pearland