Ord. 509-659 06-09-03 FailedFAILED 6/9/03
Ordinance No. 509-659
ORDINANCE NO. 509-659
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 47.98 ACRES OF LAND, OUT OF
THE W.T. DOBSON SURVEY, ABSTRACT 187, BRAZORIA COUNTY,
TEXAS (CULLEN BOULEVARD @ BROOKSIDE ROAD)(APPLICATION
NO. 1108) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AND SINGLE FAMILY
DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY, AGENT
FOR ESTATE OF MARIA ROSE BAGNOLI C/O BEN BEST, 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, Ken Caffey, Agent for Estate of Maria Rose Bagnoli c/o Ben Best,
Owner, filed on April 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 19th of May, 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 21st day of May, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-659
proposed amendment application by, Ken Caffey, Agent for Estate of Maria Rose Bagnoli
c/o Ben Best, Owner, whereby the Commission's recommendation to approve a change
of classification failed for the property described in Exhibit "A" from its existing classification
of Suburban Development District (SD) to Commercial District (C) and Single Family
Dwelling District (R-3); 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 June 9, 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 Ken Caffey, Agent for Estate of Maria Rose Bagnoli c/o Ben Best,
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:
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) and Single
Family Dwelling District (R-3), such property being more particularly described as:
47.98 acres of land, out of the W.T. Dobson Survey, Abstract 187, Brazoria
County, Texas (Cullen Boulevard @ Brookside Road).
2
ORDINANCE NO. 509-659
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. 509-659
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 day of
, 2003.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of
, 2003.
4
TOM REID
MAYOR
ORDINANCE NO. 509-659
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
CO
N 0°00'00.00" E
55
F. 00
60
56 OO
C
8.10 AC.
N 0°00'00.00" E
250.00
p0
CLEAR CREEK
an 35'02.00°
44.94 3.
R-3
39.88 AC.
1088.70
F
S 861°34.042'414.00" E
S 89°40'58.00" W 1338.70
COUNTY ROAD 106
EXHIBIT A
MAP OF 47.98 ACRES OF LAND OUT OF
THE W.T. DOBSON SURVEY, A-187
BRAZORIA COUNTY, TEXAS
0
0
0
rtb ti cnee 1e:JU rrt LIIY OF PERRLAND 281 652 1702 TO 97137840137 P.01/02
CITY .OF PEARLAND
.ZONE CHANGE APPLICATION
revised 10/20/O1 •
x Change in Zoning Classification from: SD to: (c) Commercial &
r(3) Single Family Dwelling
Change in Regulations in Section #: District
Specific Use for: *
•
FM 865 Pearland, Texas
Property address:
Lot: 2 Block: N/A
Subdivision:
N/A
Metes & Bounds Description: SEE ATTACHED
(unplatted property only; attach survey)
Tax I.D. number: 0187-0001-001 and 0187-0001-000
Current use of land:
Vacant
Proposed use of land: Commercial in front / residential in back
Estate of Maria Rose Bagnoli c/o Ben Best
Record owner's name:
Owners mailing address: P.O. Box 1168 Pearland, Texas 77588
Owner's telephone number:
Agent's name: Ken Caffey
Agent's mailing address:
7676 Woodway, Suite 238 Houston, Texas 77063
Agent's telephone number:
713-784-6102
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 vicini
Owner's signature:
Agent's signature:
Fees paid: $ 350 (22
Received by: -6
Date paid:
Application number: •/ / 08
0 200 400 Feet
Bill I
Zone Change Application No. 1108
Estate of Maria Bagnoli/Ken Caffey
Northeast Corner of Cullen Boulevard and Brookside Road
(SD - C & R3)
May 21, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1108
Request of Ken Caffey agent for Estate of Maria Rose Bagnoli c/o Ben Best, for an amendment
to the Land Use and Urban Development Ordinance of said City from classification Suburban
Development District (SD) to Commercial District (C) and Single Family Dwelling District (R 3)
on the following described property, to wit:
47.98 acres of land, out of the W.T. Dobson Survey, Abstract 187, Brazoria Co., TX (Cullen
Boulevard @ Brookside Road)
Honorable Mayor and Council Members:
At a regular meeting held on May 19, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1108 to City
Council for approval with a second made by Commissioner Don Sederdahl.
Motion to approve failed 4-1
"No" - Todd Iocco, Don Sederdahl, Russ Selemon, Sheryl Greiner
"Aye"- Ray Bacon
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Estate of Maria Rose Bagnoli c/o Ben Best
P.O. Box 1168
Pearland, Texas 77588
Ken Caffey
7676 Woodway Suite 238
Houston, Texas 77063
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 / 20 '02
No Date 20
No. Date ' '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 02
!aMJ
/ President
3/
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1108
Published 04/30/03
Published April 30, 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 19thday of May, 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 Ken
Gaffey, agent for Estate of
Maria Rose Bagnoli (c/o Ben
Best), owner, for an amend-
ment to the Land Use and
Urban Development
Ordinance of said Qity from
Classification Suburban
Development District'(SD) to
Commerciafw'Distr-1(0)~and
Single ,FalltiUy :Dwelling
District (R7149tihe following
described putty, to wit:
47.98 acres of land, out of the
W.T. Dobson Survey, Abstract
187, Brazoria County, Texas
(Cullen Boulevard at County
Road 106)
At said hearing all interested
parties shalk have the right
and opportunity to appear
and be hearcon the subject..
/s/ Mona Ann Phipps
Development Coordinator
APPLICATKIN NO. 1108