Ord. 509-660 06-23-03ORDINANCE NO. 509-660
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 4.6945 ACRES, SITUATED IN THE
NORTHEAST ONE -QUARTER OF SECTION 17, H. T. & B. R.R. CO.
SURVEY, A-242, BRAZORIA COUNTY, TEXAS (2318 MANVEL
ROAD)(APPLICATION NO. 1106) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB)
AT THE REQUEST OF WILLIAM J. COOK, AGENT FOR WILLIAM F.
HAWK, 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, William J. Cook, Agent for William F. Hawk, Owner, filed on April 11,
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
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ORDINANCE NO. 509-660
proposed amendment application by, William J. Cook, Agent for William F. Hawk, 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 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 William J. Cook, Agent for William F. Hawk, 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 Suburban Development District (SD) is
hereby for all purposes changed and reclassified as General Business District (GB); such
property being more particularly described as:
4.6945 acres, situated in the Northeast one -quarter of Section 17, H. T. & B. R.R.
Co. Survey, A-242, Brazoria County, Texas (2318 Manvel Road).
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ORDINANCE NO. 509-660
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. 509-660
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 9th day of
June , 2003.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day
of June , 2003.
4
TO REID
MAYOR
ORDINANCE NO. 509-660
ATTEST:
Y! NG L�' `' , TR
ETARY
APPROVED AS TO FORM:
QaA,.-_ ti„ci46_,.
DARRIN M. COKER
CITY ATTORNEY
5
May 21, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1106
Request of William J. Cook, agent for William F. Hawk, 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:
4.6945 acres, situated in the Northeast one -quarter of Section 17, H. T. & B. R.R. Co. survey, A-
242, Brazoria County, Texas (2318 Manvel 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 Don Sederdahl made a motion to forward Zoning Application No. 1106 to City
Council for approval with a second made by Commissioner Sheryl Greiner.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
William F. Hawk
P.O. Box 941
Pearland, Texas 77588
Page 1 of 1
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
(list current zoning)
to:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
(list proposed zoning)
L Specific Use Permit Request for :
(list proposed use)
Property Information: Address: 3I B f / " //�
//2
// y eo
7-&'t 2r /9 q CTioN l%
Subdivision: Lot: '�C,r Block:
Tax I.D. Number: 02 -12 0Q t ! /
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property (type of structures on property): /z 7291L 2e M L' / C iw9k ?V57'
Proposed use of property:
'E7 2_
PROPERTY OWNER INFORMATION: APPLICANT/AGENT�INFORMATION:
NAME W,ZZZ�, fr. /a4 NAME L�aze%���/'l 7 C %�
ADDRESS Pe) 6oy 9'41--,/ ADDRESS / / 1/ 'HU r2:V .Wcw, DA)
CITY ieki gl..61 D STATE ZIP 77,648-044 % CITY%f /E.NDS TATE 11 ZIP 7 of
PHONE(dill_)
/ ) 9
/6— i 1V
/
FAX(481) 4^ 610� 0 FAX(c L 99 — 4
E-MAIL ADDRESS E-MAIL ADDRESS j'igil' 5412 t /10/•- c%9'
PETITION: As owner/agent, l 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. I
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 understan t I am fully responsible for the correctness of the
legal description given. _�„�
Owner's Signature:
Agent's Signature:
Date: 27 rs. E3� 7
Date:1 -8 3
OFFICE USE ONLY: 475
p1)FEES PAID:
DATE PAID: II--/ 103
RECEIVED BY: 7�
APPLICATION NO. / / OCu
HIM
0
0 275 550 Feet
1 1 1 1 1 1 1 1 1
Zone Change Application No. 1106
William F. Hawk/William J. Cook
2318 Manvel Road
N
W E
S
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. / Date S/ :20 t,4
No. Date 20
No. Date . '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
2002
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of l
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1106
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 19th day of May, 2003, at
6:30 p.m., the City Council
and Planning and: Zoning
Commission of ilia: 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
William J. • Cook, agent for
William F. Hawk, 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:
4.6945 acres, sriva#elm the
northeast one -quarter of
Section 17, H T. s il
Company; Si
242, B
(2318FM1s
At said;;
path;:
and ep
andhel
Mona Ann Phipps
Development Coordinator
rested:
'right
appear
•
e subject.
APPLICATION NO. 1106