Ord. 509-310 04-26-99ORDINANCE NO. 509-310
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 11.4 ACRES IN THE H.T. & B.R.R.
CO. SURVEY, A-219, A PORTION OF LOTS 15, 16, 31, & 32, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, VOLUME 2, PAGE 23,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 674)
(NORTHEAST CORNER OF FM 518 & CULLEN) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF FM 518 @ CULLEN PROPERTY
PARTNERS, 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, FM 518 @ Cullen Property Partners, owner, filed on December 29, 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 29th day of March, 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 20th 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 FM 518 @ Cullen Property Partners, 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 FM 518 @ Cullen Property Partners, 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 11.4 acres, in the H.T. & B.R.R. Co. Survey, A-219, a
portion of Lots 15, 16, 31, & 32, Allison Richey Gulf Coast Home Co.
Subdivision, Volume 2, page 23, plat records of Brazoria County, Texas
(Northeast corner of FM 518 & Cullen)
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
2
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.
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.
3
ORDINANCE NO. 509-310
PASSED, APPROVED, and ADOPTED on First Reading this ~ day of
Ap" ' / ,1999.
TOM REID
MAYOR
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~/~&/ ,1999. /~~j
TOM REID
MAYOR
ATTEST:
C TY S ETARY ~:
APPROVED AS TO FORM:
~'~~~.
DARRIN COKER
CITY ATTORNEY
/ 0'/'/!day
X
CITY Or PEARLAND
ZONE CHANGE APPLICAT/ON
rffb~d 3/S/96
Change in Zoning Classification from: Suburban
Develolment
Change in Regulations in Section #:
tO: Ceneral Business
. Specific Use for.
Property address:
NIl 518 (Broadway) NK corner of FM 518 & Cullen Blvd.
Port4on of Al14son-Rtchey Cull CoasC Home Company
Lot: 16 Block: Subdivision: Subd4vis4on
Metes & Bounds DescripUoni + 11.4 Acres as sheen on attached survey.
(unplalied pmpe~y only; attach'suwey) voZuae 2, Page 23, 'Brazor~m Count7 plat records
Tax I.D. number.
Proposed use of land within requested designation: Grocer Anchored Shopping Center
Record owners name: FM 518 e cullen Proper~y Partners
Owners mailing address: 11753 West Bellfort, Ste. 114, Stafford, Texas
Owners telephone number. 281/530-0900 '
77477
Agenrs name:
Cencor Acquisition Company
Agent's mailing address: 1800 Berth8 Drive, Ste. 550, Houston, Texas 77057
Agenrs telephone number. 713/781-7111
713/781-7119 (fax)
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 vidnity.
/.~'/'~_~ ~-Y ' Agent's signature: ~
Owners signature:. ~
Fees paid: $ : 5'(~ ~ Date paid: t ~-' ~"~"~ C~ ~'
Received by: Application. number. /oD.q
59
ZONE SD
15
200'
ZONE SD
6O
ZONE SD
Z
32
200'
OYP .)
27A
BROADWAY'
ZONE GB
27
ZONE C
OWNER: FM 518 ~ CULLEN PROPERIY
PARTNERS
City of Peerlend, Tee
SD
GB
C
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
ZONE CHAN(IE
FROM
8D TO GB
ANh Ib.:674 Stalleli 5HELrT
HORZ:I'--200'
Dd~JAN., lggll VEto':1'- 1
Dee Bf=J.F_B.
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
No. Date 19
No. Date 19
No. ·Date 19
President
Subscribe and sworn to before me this
19
day of
~' .'.,~ URA A. EMMONS
~ Z'~otar. b~ic St...of.Sher
~ COUNCIL AND' THE PLAN- ~.~ NING AND ZONING COM-
~' MISSION OF TNE.C Y OF
PEARLAND, TEXAS
"at 6:30 p.m,, the Ci~ CounCil
T and the Planning and Zoning
"'~o~mission of the City of
: ;P,Hand, BinzonE and
~unU--, Te~s. Will ~ndu~
.,..~ Joint Public Hea~ng in the
'~ouncil Cham~m 0i~ Hall,
.~519 ~be~ D~e, Peakand,
:~exB5, on The request of
. :Cen~r A~uis~on Company,
'. agent for o~llen Property
~'Partner~, 'owner,. for
~:~mendment t0 the ~nd use
,'.olassiticBtlon $ubu ban
' Busine~ Di~td~ (GB) on the
following deCfibS. pmpe~,
.~to wit: .'
.... ~..~,~}::'....
! p '23 laf
· " '! rd~ of Br'azorla Co,, TX C.
" corner of FM 518 & 3'
,, . T~
'am, O
~ ~ 'dies shall have th'e right
~; r~d opportunity. to appear and
~ heard on the subject.'
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
No. Date 19
No. Date 19
No. Date 19
~President
Subscribe and sworn to before me this
19 ~
,...."'7 iocaiai i~':;~e: ~& B RR:GO~
· . ,,.~, "i, 'survey A-219 a portion o
:~ '; '~'{~' lots 1~ 16,31 ~ 32, Allison
:kING AND ZONING V O ':'.: 7:~d in Vot. 2, P~a C; PTX
'MISSION OF THE C~ ~ ', '.~ecords of Brazo ,,
:pEAR~ND, TE~S" ' "~:NE corner of FM 516
. . ~uitenBIvd.)
Notice is hereby giyen m~ ,, ~ ,'
the 29th day of Mamb; !~P;~;.":~ said headrig all intere~t~:~-Z
~t 6:30 p,m,, the ¢i~C~:~ ~ffies shall have the
: ~om~ss on o? .th~.~:;~1 ~' '~ o. the
:~" adand Bmz~"~q:~j' ' '~ ;:~:::: ":
20April 1999
Mayor & City Council members:
City Hall
Pea~and, TX 77581
RIB: Zoning Applications No. 674
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, March 29, 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. 674
Owner:
FM 518 @ Cullen Property Partners
11753 West Bellfort, Ste. 114
Stafford, TX 77457
Cencor Acquisition Co., agent
Legal:
Being approximately 11.4 ac. in the HT& B RR Co. Survey,
A-219, a portion of Lots 15, 16, 31 & 32, Allison Richey Gulf
Coast Home Co. Subdivision, Vol. 2, pg. 23, plat records of
Brazoria Co., TX (NE corner ofFM 518 & Cullen)
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Tommy Scott
to approve the application listed above.
The motion to approve passed unanimously (6-0).
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,
Planning & Zoning Commission
City of Pearland