Ord. 509-560 12-10-01 PulledThis Item was pulled at the request of the applicant.
See Ordinance No. 509-585
ORDINANCE NO. 509-560
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 23.12 ACRES, BEING LOT 9,
SECTION 12, H. T. & B. R.R. COMPANY SURVEY, A-508, RECORDED IN
VOLUME 355, PAGE 550, DEED RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 1013) FROM CLASSIFICATION HEAVY
INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DWELLING DISTRICT
(R-2) AT THE REQUEST OF DALE HURT, AGENT FOR SHEELSEY
TRUST, ALAN SWENSON - TRUST OFFICER, THREE G INVESTMENTS
LTD., LARRY GARDNER, AND DALE Q. BOWMAN FAMILY TRUST,
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, Dale Hurt, agent for Sheelsey Trust, Alan Swenson - Trust Officer,
Three G Investments Ltd., Larry Gardner, and Dale Q. Bowman Family Trust, Owners, filed
on October 9, 2001, 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 19`h of November, 2001, 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. 509-560
WHEREAS, on the 4th day of December, 2001, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Dale Hurt, agent for Sheelsey Trust,
Alan Swenson - Trust Officer, Three G Investments Ltd., Larry Gardner, and Dale Q.
Bowman Family Trust, Owners, whereby the Commission recommended a denial for a
change of classification for the property described in Exhibit "A" from its existing
classification of Heavy Industrial District (M-2) to Single Family Dwelling District (R-2) 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 December 10, 2001, 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 Dale Hurt, agent for Sheelsey Trust, Alan Swenson - Trust Officer, Three
G Investments Ltd., Larry Gardner, and Dale Q. Bowman Family Trust, Owners, 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 Heavy Industrial District (M-2) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-2); such
2
ORDINANCE NO. 509-560
property being more particularly described as:
23.12 acres, being Lot 9, Section 12, H. T. & B. R.R. Company Survey, A-508,
recorded in Volume 355, page 550, Deed Records of Brazoria County, Texas
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 NO. 509-560
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 day of
, 2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
ORDINANCE NO. 509-560
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2001.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
OCT.-09'01(TUE) 14:44 COLDWELL BNKR UNITED
10/09/2081 13:15 9702478922
OCT.-09'01(TUE) 12:17 COLDWELL BNKR UNITED
Oct O9 01 OS:10a
Nark Dumoic
TEL:281 484 5768
BOBBIE CARLL REALTY
TEL:281 484 5768
281 412 6600
CITY of PEA .LAND
ZONE CHANGE APPLICATION
revised 519100
P. 002
PAGE 63/03
P. 002
p. 14
'/ Ctlange in Zoning Classification from• 4L to:
Change in Regulations in Section #:
Specific Use for. 4
Property address: ra-MILLA-AJ
t:Block: /v /�' I Subdivision:
Lo gfr i
Metes & Bounds Description: /0' f l_
B 4! . gly9• Z3, /2 Azle;
platted property only; artaeh survey)
Tax I.D. number.
0St • o02-1- I 0
d5O .OD*/- IIII
0,8 - goal -000
Current use of land: VRCAltir 6.4106
Proposed use of land within requested designation: 5i"JGl6 1Th' ii ' %&S/ 7%AC
la,Fsord owner's came:
Owner's mailing address:
SHEESLEY TR: ALAN SWENSON, TRUST OFFICER
THREE G INVESTMENTS LTD: LARRY GARDNER
I1FJ mPa Q eablAN FA 1 LY TRUST
PO BOX 2558, Houston, TX 77252.
PO BOX 2745, Durango, CO 81302
Owner's telephone number: k Seller's representative: Z81-484-0066 w, 36
Agent's :I ante:
,)r
Agents mailing address: 3, /0 - 'CAt/ a(!2d<!I Q f 7 e 7754,57
Aent's telephone, number: 28 ( LI99 6 2 g.3
PETITION: As owner/agent, I hereby petition the City far approval of the above described request es
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 ill my vicinity.
7h r+4- 1 .iu,Orzto 1.4-0(
Owner's sigrtatunt:71 ace. Agent's signature:
Feesyaid: $
Received by:
Date paid: to -14)'
Apelication numbed:
7
nolia Elms DR
nolia Pines DR
Ma• nolia Oaks
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ZONE CHANGE APPLICATION NO. 1013
Sheesley Trust/Three G Investments Ltd/
Delmer Q. Bowman/Dale Hurtt
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 and Harris Counties, for / issues,Aas follows:
No. 7 Date /0- 3/ 20 o f
No. Date 20
No. Date 20
No. Date 20
No. Date 20
)scribe and sworn to before me this
day off
Notary Public, State o exas
Published Oct. 31 & Nov. 7,
2001
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
LEG ALS
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 19th day of Noue
2001,at6:30p.m,the CIy
Council and the 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, City Hall,
Texas, on the request o Da e
G. Hurtt, agent for Sheesley
Trust, Three G Investments
Ltd, and Delmer Q. Bowman
Family Trust, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Heavy Industrial
District (M-2) to Single Family
Dwelling District (R-2) orr the
following described property,
to wit:
23.12 acres, being Lot 9, Sect
12, H. T. & B. R.R. Co. sur-
vey, A-508, recorded in Vol
355, pg 550, Deed Records of
Brazoria Co, TX
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject
/s/ Young Lorfing
City Secretary
APPLICATION NO.1013
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. Date 1l- 20 41
No Date 20
No. Date 20
No Date 20
No. Date 20
4"/-Nd(fC
President
scribe and sworn to before me this day of eneit)
of
11 �_ W
fa,Mogat J?J
Commission Expires 9-9-02
Application No. 1013
Published Oct. 31 & Nov. 7,
2001
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND TH,E
PLANNING AND ZONING _
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 19th.day of November,
2001, at 6:30 p.m., the City
Council and the Planning d
Zoning `'Commission Of the
City; of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas,,wiil conduct
a Joint Public Hearing, in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Ts, on the request of Dale
G. Hunt, agent for Sheesley
Trust, Three G Investments
Ltd, and Delmer Q. Bowman
Family Trust, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Heavy Industrial
District (M-2) to Single Family
Dwelling District (R-2) on the
following described property,
to wit:
23.12 acres, being Lot 9, Sect
12, H. T. & B. R.R. Co. sur-
vey, A-508, recorded in Vol
355, pg 550, Deed Records of
Brazoria Co, TX
At said hearing all interested
parties shall have the right
and opportunity to appear and
is heard on the subject.
kJ Young Lorling
City Secretary
APPUCATION NO.1013
December 4, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1013
Request by Dale Hurt, agent for Sheesley Trust, Alan Swenson - Trust Officer, Three G
Investments Ltd, Larry Gardner, and Delmer Q. Bowman Family Trust, owners for an
amendment to the Land Use and Urban Development Ordinance of said City from Heavy
Industrial District (M-2) to Single Family Dwelling District (R-2) on the following described
property, to wit:
23.12 acres, being Lot 9, Section 12, H. T. & B. R.R. Co. survey, A-508, recorded in Volume 355,
page 550, Deed Records of Brazoria Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on December 3, 2001, after a Joint Public Hearing, which was held on
November 19, 2001, the Planning and Zoning Commission considered the above -mentioned
request.
A motion was made by Commissioner Todd Iocco to forward Zoning Application No. 1013 to
City Council for denial with a second made by Commissioner Robert Scherrer.
Commissioner Iocco stated that he has the same concerns as Zoning Application No. 1012, and
stated that there is not enough adequate space between the houses and the railroad.
Motion to deny passed 6 to 0.
This is submitted for your consideration.
H. Charles Viktorin, Chairman
Planning & Zoning Commission
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 I _ issues, as follows:
Subscribe and sworn to beforeme this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Notary Public, State of Texas;.`
Public Hearing - Application No. 1065 and
Specific Use No. 113
Pith P/25 & 10/0/07
I Published Sept. 25 & Oct. 2,
2002
NOTICE -OF -A -JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
t PLANNING AND ZONING
!COMMISSION OF THE CITY
i OF PEARLAND, TEXAS
Notice is hereby given that on
the 21st day. of October,
`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 conduct
a joint public hearing in the
Council. Chambers of City
I Hall, 3519 Liberty Drive,
1 Pearland, Texas, on the
j request pf Will of God Family
' Church, agent for Richard
Hoover, owner, for an amend-
ment to the Land Use and
Urban • Development
Ordinance of said City from •
Classification - .Suburban
Development District (SD) to
Single ' Family Dwelling
District '• Specific Use
1(S)), for a church, on the fol-
' lowing described property, to
wit .
8.00 acres, Abstract 242,
Section' 17, Tract 1C, H.T. &
I B.R.R. Company' Survey,
Brazoria County, Texas
(County Road 89 south of
F.M. 518)
At said hearing at interested
parties shall have' the right.
and opportunity to appear,
and''be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1065
and SPECIFIC USE
APPLICATION NO. 113
Zone Change Application No. 1013
City Council and Planning and Zoning Commission Joint Public Hearing: November 19, 2001
Owner: Sheesley Trust, Three G Investments and Delmer Q. Bowman Family Trust
Applicant/Agent: Dale G. Hurtt
Location: East of Veterans Road, South of Magnolia
Existing Zoning: Heavy Industrial District (M-2)
Requested Zoning: Single Family Dwelling District (R-2)
Summary:
The applicant is requesting a zone change on approximately 23.12 acres in order to develop a single
family subdivision. The property is currently vacant. The property to the North, South and East are
zoned Heavy Industrial District (M-2) and are vacant. The property to the West is zoned Single
Family Dwelling District (R-2) and is vacant land.
Public Notice/Comment Forms were mailed to fifteen (15) property owners within 200 feet of this
request. No Public Comment Forms have been returned.
1
Other Considerations:
• The Comprehensive Plan recommends Light Industrial District uses for this area. The
proposed zoning is not consistent with the Comprehensive Plan, however, it is compatible
with the majority of the surrounding uses. In addition, this request is consistent with recent
zone changes in the area and discussions held at the October workshop.
• A Traffic Impact Analysis may be required.
Staff Recommendation:
Approval
Attachments:
Public Hearing Notice
Zone Change Application
Location Map
Area Zoning Map
Property Owner Notification Map
Property Owner Notification List
2
ZONE CHANGE APPLICATION NO. 1013
Sheesley Trust/Three G Investments Ltd/
Delmer Q. Bowman/Dale Hurtt
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ZONE CHANGE APPLICATION NO. 1013
Sheesley Trust/Three G Investments Ltd/
Delmer Q. Bowman/Dale Hurtt
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