Ord. 509-644 04-28-03ORDINANCE NO. 509-644
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 3.044 ACRES OUT OF A 9.35 ACRE
TRACT, JOHN W. MAXEY SURVEY, A-721, AND A 9.66 ACRE TRACT
BEING A PART OF LOT 14 AND 15, ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION, SECTION 20, H.T. & B.R.R. COMPANY
SURVEY, A-506, BRAZORIA COUNTY, TEXAS (F.M. 518 AT SUNRISE
BOULEVARD) (APPLICATION NO. 1090) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF GARY FERGUSON, AGENT FOR
FM 518 WEST LIMITED, 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, Gary Ferguson, Agent for FM 518 West Limited, Owner, filed on
February 25, 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 24th of March, 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. 509-644
WHEREAS, on the 25th day of March, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Gary Ferguson, Agent for FM 518 West Limited,
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 April 14, 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 Gary Ferguson, Agent for FM 518 West Limited, 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. 509-644
3.044 acres out of a 9.35 acre tract, John W. Maxey Survey, A-721, and a 9.66 acre
tract being a part of Lot 14 and 15, Allison Richey Gulf Coast Home Company
Subdivision, Section 20, H.T. & B.R.R. Company Survey, A-506, Brazoria County,
Texas (F.M. 518 at 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. 509-644
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 1.4th day of
April , 2003.
ATTEST:
YhUNG
Y S RETARY
4
TOM REID
MAYOR
ORDINANCE NO. 509-644
PASSED, APPROVED, and ADOPTED on Second and Final Reading this nth day
of April , 2003.
ATTEST:
S '' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
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APPLICATION FOR
A CHANGE IN ZONING
Please check one:
OCR)
Change in Zoning Classification from: rb
(list current zoning)
Specific Use Permit Request for :
Property Information:
Address: f l7/8 @, 60IU 2! `s-2L a -fl " u 1 U CX •
City of Pearland
Community Development
3519 Liberty Drive •
Pearland, Texas T7581
281-652-1839
281-652-1702 fax
W Ww.ci. pearland.tx. us
(tist proposed zoning)
(list proposed use)
SEE. �1� 4
Subdivision: 4Lot:
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Tax I.D. Number. '3,o ife, 0 2_/Oo v 7/ is
Block:
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p property, rty, attach a copy of the metes and bonds description*,
Current use of property
(type of structures on property): ifs (///t4J
Proposed use of property: / e 14 Or ct
PROPERTY OWNER INFORMATION
NAME Eng 5.76' e4+ L ' d
ADDRESS //753 W t J3 //4rf '6k IN
CITY TA ce STATE T ZIP '7 ' 1
PHONE( 3c.!) S 3 0 - fe"0 ae- r
FAX(691) `J ''O� Zo
E-MAIL ADDRESS
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APPLICANT/AGE T INFORMATION:
NAME ,/.Z )ettllt (rS.9ic
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ADDRESS irn 3 W , /3. //47 //y
CITY c`5ta- 4 STATER( ZIP i'?'-(7 l
PHONE( 2S( ) S 3®- c9d0 ��
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E-MAIL ADDRESS
PETITION: As owner/agent, 1 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. 1
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 1 am fully responsible for the correctness of the
legal description given.
Owner's Signature:
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Agents Signature: Date:
OFFICE USE ONLY: i - - ,,
FEES PAID: DATE PAID: 03
`` c.) RECEIVED BY: APPLICATION NO. l090
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Zone Change Application No. 1090
Broadway St (East of Sunrise Blvd)
FM 518 West Limited
(SD -GB)
W E
March 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1090
Request of Gary Ferguson, agent for FM 518 West Limited, 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:
3.044 acres out of a 9.35 acre tract, John W. Maxey Survey, A-721, and a 9.66 acre tract being apart
of Lot 14 and 15, Allison Richey Gulf Coast Home Company Subdivision, Section 20, H.T. & B.R.R.
Company Survey, A-506, Brazoria County, Texas (F.M. 518 at Sunrise Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on March 24, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1090 to City Council
for approval with a second made by Ray Bacon.
Motion to approve passed 4-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
FM 518 West Limited
11753 W. Bellfort, Suite 114
Stafford, Texas 77477
Gary K. Ferguson — BPI Realty Services, Inc.
11753 West Bellfort, Suite 114
Stafford, Texas 77477
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
culation in Brazoria, Harris & Galveston Counties, for ( issues;: as follows:
No. / Date 3-..� 20 0.3
No. Date 20
No. Date 20
No Date 20
No. Date 20
scribe and sworn to before me this
2oas
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-200
•
•............... ..............6
Laura Ann Emmons, Publisher
President
day of V44/CA
No'ary Public, State of Texas
Joint Public Hearing - Application No. 1090
Published 03/05 & 12/03
Published March 5 & 12,
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 24th day of March, 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 conducta joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of Gary
K. Ferguson BPI Realty
SeMces, Inc., agent for F.M.
518 West Limited, 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:
3.044 acres out of a 9.35 acre
tract, John W. Maxey Survey,
A•721, and a 9.66 acre tract
being a part of Lot 14 and 15,
Allison Richey Gulf Coast
Home Company Subdivision,
Section 20, H.T. & B.R.R.
Company Survey, A-506,
Brazoria County, Texas (F.M.
518 at 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. 1090
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearlancl, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
�ulation in Brazoria, Harris & Galveston Counties, for / issues; as follows:
No. / Date 3' /2- 20 _
No. Date 20
No Date 20
No.
No.
Date 20
Date 20
scribe and sworn to before me this
200y
/3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 0
• ....... 9-09-2006
day of ' "4`C�
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1090
Published 03/05 & 12/03
Published March 5 & 12,
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 24th day of March, 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 Gary
K. Ferguson - BPI Realty
Services, Inc., agent for F.M.
518 West Limited, 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:
3.044 acres out of a 9.35 acre
tract, John W. Maxey Survey,
A-721, and a 9.66 acre tract
being a part of Lot 14 and 15,
Allison Richey Gulf Coast
Home Company Subdivision,
Section 20, H.T.' &
Company Survey, A-506,
Brazoria County, Texas (F.M.
518 at 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. 1090