Ord. 509-590 07-08-02ORDINANCE NO. 509-590
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 AND GRANTING A SPECIFIC USE PERMIT FOR STORAGE AND
MINI -WAREHOUSES ON THE FOLLOWING PROPERTY, BEING LOT 3,
BLOCK 1, OLD CHOCOLATE BAYOU, BRAZORIA COUNTY, TEXAS
(SPECIFIC USE NO. 108) (2737 OLD CHOCOLATE BAYOU ROAD) FROM
CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT -
SPECIFIC USE (C(S)) AT THE REQUEST OF OSBORN & VANE
ARCHITECTS, AGENT FOR JAMES AND DOROTHY MEDEARIS, OWNERS,
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, Osborn & Vane Architects, agent for James and Dorothy Medearis,
Owners, filed on May 8, 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 10th of June, 2002, 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 11th day of June, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-590
proposed amendment application by Osborn & Vane Architects, agent for James and
Dorothy Medearis, Owner, whereby the Commission recommended and approved a
change of classification for the property described in Exhibit "A" from its existing
classification of Commercial District (C) to Commercial District -Specific Use (C(S)) 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 June
24, 2002, 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 Osborn & Vane Architects, agent for James and Dorothy Medearis,
Owner, 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:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Commercial District (C) is hereby
for all purposes changed and reclassified as Commercial District -Specific Use (C(S));
for storage and mini -warehouses such property being more particularly described as:
Lot 3, Block 1, Old Chocolate Bayou, Brazoria County, Texas (2737 Old Chocolate
Bayou Road)
2
ORDINANCE NO. 509-590
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.
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ORDINANCE NO. 509-590
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 24 day of
June , 2002.
ATTEST:
,yrzl-)cAr),
TOM REID
MAYOR
4
ORDINANCE NO. 509-590
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
8 day of July , 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
05/06/2002 08:35 2814122687
05/07/02 11:31 FAX 713 781 5347
WENDYS1
UNDUKN 1k VANE.
02
PAGE 02
CITY .OF PIEARLAND
• ZONE,CHANE APPLICATION.
,; • . merited f0/20/01- •
Change in Zoning Classification from:
l.�
Change in Regulations in Section #:
X _ Specific Use for: *
5.torage & Mini --Warehouse
to:
1)
Prapertuddress: 2737 Old Chocolate Ba ou Rd, , Pearland, TX 77584
3 Block; 1 Subdivision; 01d Chocolate Bayou
Lot:
Metes & Sounds Description:
(unplatted property only; attach survey)
Tax 1.D. number: 466-92-4961
Current use of land: Storage & Mini -warehouse
Proposed use of land:
Store & Mini --warehouse
Record owner's name: Jamee & Dorothy Medearis
Owner's mailing address: P. 0. Box 937
Pearland, TX 77588
Owner's telephone number: 281-485-1273
Agent's name:
Osborn & Vane Architects, Inc.
Agent's mailing address:
Agent's telephone number:
2000 "Bering Drive, Suite 410, Kolas on, TX 7' 057
713-781-5262
'woo .... �r ..
PETITION: As owner/agent, I hereby petition the City for approval of the above d
provided by the laws of the State of Texas and Ordinances of the City of Pearlend.
Permit request to allow a residential use in a business zone (OP, NS, GB). 1 ackn
may be incompatible with current and future uses on properties in my vicinity
Owner's signature:
Fees paid: >l< 111
Received
ent'a signature:
Date paid: 5
A liwtion Jiumber:;
cribed requilst as
'On a Speci`1c Use
dg• that 8.lch use
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City limits
Specific Use Application No. 108
James & Dorothy Medearis
Osborn & Vane Architects, Inc.
2737 Old Chocolate Bayou Road
(C-C(S))
W E
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 7 Date .. 22 20 oZ
No. Date 20
No. Date -20
No Date 20
No. Date 20
Subscribe and sworn to before me this 23 day of
200,
\ LAURA A . EMMONS
r�b�ti;St:teQ7 1
Zifo° ;< Commission Expire. 9-u 02 i)
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published May 22 & May 29,
2002
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 10th day of June,
2002, 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 con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of, Osborn ;& Vane
Architects, 'Inc., agent for
James and Dorothy
Medearis, owner, for =a
Specific Use for storage and
mini -warehouse uses in a
Commercial District (C), on
the following described
property, to wit:
Lot 3, Blk 1, Old Chocolate
Bayou, Brazona Co., TX
(2737 Old chocolate Bayou
Rd)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
SPECIFIC USE PIIT
APPLICATI,;fl8
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.
1 Date �c- Z1 20 62.
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200),
N.
LAURA A .
EMMONS
VV
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tP i‘fOtint PUNC, Stj.t. of i C: )
ate'. •�
Catmmisvon E —07 %.
Xi�•.i c^3 9
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67/ M67'70.
President
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
6
Published May 22 & May 29,
2002
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 ' 10th day of June,
2002, 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 con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Osbom & Vane
Architects, Inc.,' agent for
James and Dorothy
Medeari , owner, for "a
Specie '4Se=for storage and
mtni-ware a uses-1n a
Oenritetelik110*--ft
the following", described
property, to wit:
Lot 3 Blk 1, Old Chocolate
Bayou, Brazoria Co., TX
(2737 Old Chocolate Bayou
Rd)
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
SPA USE PERMIT
APPUCA''FfONNO. 108
June 11, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 108
Request of Osborn & Vane Architects, Inc., agent for James and Dorothy Medearis owners for
an amendment to the Land Use and Urban Development Ordinance from classification
Commercial District (C) to Commercial District -Specific Use (C(S)) for storage and mini -
warehouses on the following described property, to wit:
Lot 3, Block 1, Old Chocolate Bayou, Brazoria Co., TX (2737 Old Chocolate Bayou Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 10, 2002, nmediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Specific Use Application No. 108 to City
Council for approval. Commissioner Russ Selemon seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
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