Ord. 509-653 05-12-03ORDINANCE NO. 509-653
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 5.284 ACRES, JOHN W. MAXEY
SURVEY, A-721, BRAZORIA COUNTY, TEXAS (BROADWAY STREET @
SUNRISE BOULEVARD) (APPLICATION NO. 1100) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF SMITH
MILLER, LTD., 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, Smith Miller, Ltd., Owner, filed on March 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 21st of April, 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 29th day of April, 2003, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Smith Miller, Ltd., Owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
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ORDINANCE NO. 509-653
"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 May 12, 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 Smith Miller, Ltd., 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:
5.284 acres, John W. Maxey Survey, A-721, Brazoria County, Texas (Broadway
Street @ 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
2
ORDINANCE NO. 509-653
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.
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.
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ORDINANCE NO. 509-653
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
May , 2003.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day
of May , 2003.
ATTEST:
APPROVED AS TO FORM:
(LaAA---
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
April 29, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1100
Request of Smith Miller, Ltd, owner for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban Development District (SD) to
General Business (GB), on the following described property, to wit:
5.284 acres, John W. Maxey Survey, A-721, Brazoria Co., TX (Broadway Street @ Sunrise
Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on April 28, 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. 1100 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: Smith Miller, Ltd
710 N. Post Oak Road #400
Houston, Texas 77024
Page 1 of 1
FEB I2 2003 08:59 FR CITY OF PEARLAND 281 652 1702 TO 97136132908 P.02
APPLICATION FOR
A CHANGE IN ZONING
Plea " check one:
Plea
in Zoning Classification from:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-852-1839
281-652-1702 fax
www.ci.pearland.tx.us
S to: G 13- G-enI eak kicinhxs � �r
gist current zoning) Plat proposed =nOg)
Q Specific Use Permit Request for :
gist proposed use)
Property Information:
o .120-- �Plfa�rrMt� L
Address: &tad �'�Liree
�'
Yo+fN v i. /IYA)(e S toe ae , A -1a-
Subdivision: Lot: Block: SST 19CiteS
Tax I.D. Number. 177d1-vool-0e0 0'( !/`
s's` For unplatted property, attach a copy of the metes and bounds description**
Current use of property \ r
(type of structures on property): V t1C M i LM
Proposed use of property: r t. — CQ,
PROPERTY OWNER INFORMATION: 6eoj6c G lCmrq�i LICANT/AGENT INFORMATION: -Si/we. 4s &Ode<
NAME S $ 714 M I tt en., L-t) . A- `TeAA5 1-1 ra _Ps NAME
ADDRESS 710 AL Pos-r• QAk ) +- v0 ADDRESS
CITY (/1$'tf%% STATE- T zIP 7 7 001 tt CITY STATE ZIP
PHONE( '•) (3 ) fo i; 'Aqo 0
FAX( 71 3) io t3 -agog
PHONE( )
FAX( )
E-MAIL ADDRESS GCS,/ 41.74A n! ® 1-(,[4ifif„S: e4,1 E-MAIL ADDRESS
PETITION: As owner/agent, I 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 1 have
requested the above checked action. 'I understand that 1 am fullyresponsible for the correctness of the
legal description given.
Owner's Signature:
1 /,�'r�e/%- 4/01Date: 3/41i D3
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID: abut) DATE PAID: 3 025 03
RECEIVED BY: APPLICATION NO. 1 00
0 200 400 Feet
Dill I
Zone Change Application No. 1100
Smith Miller, LtdJGeorge Gilman, Trustee
Broadway Street @ Surnise Boulevard
(SD - GB)
/Ai'-IL/'H!/I1 ILJr t"U[�L1l. 11VI\i
.I
The Pearland ReporterNews
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, 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 4?
No. Date '20
No. Date . 20
No. Date 20
No. Date 20
S'ubscribe and sworn to before me this
?o p3
(111%4i/Hff
1 President
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires CS-OG-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1100
Published 04/02/03
Published April 2, 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 21st day of April, 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
George Gilman, Trustee for.
Smith Miller, Ltd.,A Texas
Limited P/S, owner, for an,
amendment to the Land 1laa.
and Urban Development
Ordinance of said -City from
Classification Suburban
Development District (SD)'to
Genera .Busm Drstrict,
(GB}.
described pro
5.284 acres, John W. Maxcy
Survey, A-721. Brazoria Co.,
TX (Broadway Street (just
East of Sunrise Boulevard)
At said hearing all interested
parties shall have the right
and opportunity 10 Appear
and be heard on the subject.
Is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1100