Ord. 2000M-0064 2009-01-08 TabledTabled
June 8, 2009
ORDINANCE NO. 2000M-64
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A ZONE CHANGE FOR CERTAIN REAL PROPERTY ON PLAT FILED
FOR RECORD AS A PARCEL OF LAND CONTAINING APPROXIMATELY 0.5716
ACRES (24,900 SQUARE FEET), MORE OR LESS, BEING A PORTION OF LOT 1
AND ALL OF LOT 2, BLOCK 15, MIMOSA ACRES, CONVEYED FROM KENNETH
W. QUINN AND WIFE, BARBARA QUINN, TO BRAZORIA DRAINAGE DISTRICT
NO. 4 AS RECORDED IN FILE NO. 2007050415 OFFICIAL RECORDS, BRAZORIA
COUNTY ,TEXAS (O.R.B.C.T.) AND ALSO RECORDED IN VOLUME 7, PAGES 15-
16, BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.) AND A PORTION OF PEAR
STREET (120' X 30' R.O.W.), AS RECORDED IN VOLUME 7, PAGES 15-16,
(B.C.P.R.); (GENERALLY LOCATED AT 2501 FRANCIS DRIVE AND 4807
BROADWAY) ZONE CHANGE APPLICATION NO. 2009-04Z, TO PERMIT A CHANGE
IN ZONING CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL-2 (R-2) DISTRICT
TO GENERAL BUISINESS (GB) DISTRICT AT THE REQUEST OF BRAZORIA
COUNTY DRAINAGE DISTRICT NO. 4, APPLICANT AND OWNER, CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Brazoria County Drainage District No. 4, applicant and owner, filed
an application to permit a change in zoning classification from Single Family
Residential-2 (R-2) District to General Business (GB) District for certain property, 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 more graphically
depicted in the location map attached hereto and made a part hereof for all purposes as
Exhibit "B"; and
WHEREAS, on the 18t" day of May, 2009, 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 hereto and made a part hereof for all purposes as
Exhibit "C", said call and notice being in strict conformity with provisions of Section
1.2.2.2 of Ordinance No. 2000T; and
ORDINANCE NO. 2000M-64
WHEREAS, on the 8th day of June, 2009, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council
regarding the proposed Zone Change application by Brazoria County
Drainage District No. 4 applicant and owner, whereby the Commission
recommended approval of the change in zoning classification from Single
Family Residential-2 (R-2) to General Business (GB).
Said recommendation attached hereto and made a part hereof for all purposes as
Exhibit "D"; 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 the 8th day of June, 2009;
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 Brazoria County Drainage District No. 4 applicant and owner,
presented which, in the judgment of the City Council, would justify the approval of said
application with the following conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Single Family Residential-2 (R-2)
District, is hereby granted a Zone Change from Single Family Residential-2 (R-2) District
to General Business (GB) District, in; such property being more particularly described
as:
Page 2 of 4
Ord No 2000M-64
ORDINANCE NO. 2000M-64
A parcel of land containing 0.5716 acres (24,900 square feet), more or less, being a
portion of lot 1 and all of lot 2, Block 15, Mimosa acres, conveyed from Kenneth W.
Quinn and wife, Barbara Quinn, to Brazoria Drainage District No. 4 as recorded in
file no. 2007050415 official records, Brazoria County ,Texas (O.R.B.C.T.) and also
recorded in Volume 7, Pages 15-16, Brazoria County Plat Records (B.C.P.R.); and
a portion of Pear Street (120' x 30' R.O.W.), as recorded in Volume 7, pages 15-16,
(B.C.P.R.); (Generally located at 2501 Francis Drive and 4807 Broadway)
Section 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. 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.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section 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.
Section 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.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
Page 3 of 4
Ord No 2000M-64
ORDINANCE NO. 2000M-64
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the day of ~, 2009.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-64
Exhibit "A"
Application
Ordinance No. 2000M-64
APR 01 1009
ZONE CHANGE APPLICATION Page 1 of 4 Updated May 2008)
City of Pearland
Community Development
APPLICATION FOR 3523 Liberty Drive
~.
t- ~~ A CHANGE 1N ZONING Pear and Tex s 7 ss
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District: R- 2 t S+vb(L Fa»i;iv Rtsidtv~~'~I - 2~
Proposed Zoning District: GB (Gcnt.al gusiv+css li:ttaii)
Property Information:
Address or General Location of Property: 2501 Frar+cts Drvvt , 4807 Bre~'wav
Tax Account No. `1 'I 5 i 231 y_t~ ~ . to to bt~r~ l 05. a ~, (n(~ orry ~ l oS eE, - 0
Subdivision: Nl~r„osa Acres Lot: All of Z, P,.rt.f 1 Block: 15
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME &a2~ri] [nurrty lNyinaet Dis{-rite' I~o.4
ADDRESS 4805 &oa~wav
CITY P.arla,nd STATE r~ZIP '1'1581
PHONE 2( 81 ) 485- 1434
FAX( ZQ I ) 4~5. 0065
E-MAIL ADDRESS rMV,.,~ bdd4t7i swhell.nt~'
*Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
APPLICANT INFORMATION:
NAME f3razaria Go. pry Tpca.~~~ Ws.4 1!IA+kt Y~s~~
ADDRESS 4805 Brealrtav
CITY Pea-laaJ STATE TX ZIP 775At
PHONE( ZSI ) +85 - 1434
FAX( 281 ) 485 -0065
E-MAIL ADDRESS W-T. bdd4 Q SWbell•net
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature:
Date: ' ' ~ ~~ y ~
Agent's Signature:
Date: ,l~ ,m~„- 2<`~~
OFFICE USE ONLY:
FEES /~ dp DATE RECEIVED ,_, RECEIPT
PAID: ~'v`'• PAID: BY: NUMBER: < <P~ b ~~
Annlication No..2~1~.- O
4805 W. Broadway ~ ~~
Pearland, Texas 77581 Fax (281) 485-~65
PJi. (281) 485-1934 bdd4@snbell.ttet
Brazoria Drainage District No. 4 APR 01 2009
A Political Subdivision of the State of Texas
March 23, 2009
Planning and Zoning Commission
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Commissioners:
This letter is to inform you of our intent to rezone 0.571.6 acre in the City of Pearland
from Single-Family Residential-2 (R-2) to General Business Retail (GB).
The subject property is located at the southeast corner of Pear Street and Frances Drive,
adjacent to our existing facilities. We are planning to expand our operations by
constructing a new office building on the site. In order for us to do so, the zoning must
be compatible with a government office building use.
Our reyucst for rezoning includes the southerly 30 feet of Pear Street east of Frances
Drive. VVe are anticipating abandonment of this street when we plat our site and wanted
to be certain that this future portion of our facilities was also zoned appropriately.
Currently, our existing facilities are zoned GB, and this rezoning will bring the remainder
of the land that we intend to develop into conformance with the zoning of our existing
buildings.
We appreciate your consideration of this request for rezoning. Please do not hesitate to
contact me if you have any questions or concerns.
Sincerely,
Brazoria County Drainage District No. ~4
~~ ~~~
Mike Yost
Supcrintendcnt
Dan Keller Jeffrey Brennan Robert Meineke
Commissioner Couunissiorter Comnrissiorrer
L n~tZ
ENGtN EERING, L.C.
March 25, 2009
Mr. Mike Yost
Brazoria Drainage District No. 4
4805 W. Broadway
Pearland, Texas 77581
Re: BDD #4 Office Building
LE 09014
Dear Mr. Yost:
APR 01 1009
Please find attached an Application for Zone Change for a portion of Lots 1 and 2, Mimosa Acres and
Pear Street. This is the new building site.
Please sign and date the application, place the letter on District letterhead as noted, attach a $250.00 check
and send the entire package to the Planning Department. The sign requirements may be kept so that at the
appropriate time, the sign can be installed.
If you have any questions or require any further information, please do not hesitate to call.
Sincerely,
Lentz Engineering, L.C.
Alfred E. Lentz, P.E., R.P.L.S.
President
Cc: Mr. Aaron Bourgeois
gteAOC t>bc
P.O.C. ~ `~- a2. PC. tw
va, sn. PQ 70
FND. t- I.P. wt. nl PG sr
Y0. nx P6 42s
P.O.B.
SET MAC NA6.
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UNE TABLE
UNE BEARING LENGTH
L' WEST 20.00
SOUTH
4200'
No-Es
PEAR STREET W%~Nn ~,~RE~
(60' R.O.MI. -ASPHALT)
(VOL. 7, P{i. 13-18, &C.P.R.)
TO ~ ABANDONED
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YOC_ en, PG tw vOl. n3. P0. 424
nx. en, Pc m e.cnrl.
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acoA
1 ~ p ~b~
s ( LOT 2 ~~~ ~
BLOCK 15 =~
MIMOSA ACRES
I VOL. 7, PG. 15-16 sE,e°~a~u
B. C. P. R. t~ ;n, ~.'~ ~
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N0. 1• I.P. SET 5/8• I.R.
W/ CAP STAMPED .
'LENTZ ENC' 8
Q Lor 1 v
BLOCK 15
M/MOSA ACRES
VOL. 7, PG. 75-16
SET 5/B- LR.I B. C. P. R.
/ CAP STAMP D
'LENrz ENC' ee~c M M
2eGJ'T 1 W W SET 5/8• I.R.
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'LEND ENG'
1 THE 9EAR~NGS SHOWN HEREON ARE BASED ON THE PLAT OF MIMOSA ACRES,
AS RECCRDEO :N VCLUME 1, PAGES t5-16, BRAZORIA COUNTY PLAT RECORDS.
2. FGR TriE PLRPOSE CF THIS SURVEY, NO IMPROVEMENTS ARE SHOWN HEREON.
1. THE SURVEVGR HAS NOT ABSTRACTED TFiE SITE, AND NO TITLE REPORT NAS BEEN
FURN'SHED, ~EREFORE, ALL ENCUMBRANCES ON THE SUBJECT PROPERTY MAY NOT
8E SH.CWN :-+EREC\.
a, THE SuB~ECT ?ROPERTVIS LOCATED CN MAP 614 R OF THE KEY MAP SCR
BRAZOR'A AND G_AYcS?ON COUNTIES, TEXAS.
5. ACJG'NER DEED NFGRVATICN MAY NOT REPRESENT CURRENT OWNERS.
I HEREBY CERTIFY THAT THIS IS A TRUE REPRESENTA110N OF A ~`~•t,
td tr>x cwr
-va. ~ Pc. te-,e
ecPA
2487 ACRES
B. J. RESOFT AND YIIFE,
LYDIA JANE MASSEY RESOFT
BRAZORIA DRAINAGE OISIRICT N0. 4 $'~
VOL. 1032. PG 251 d
j`
~
B.C.D.R. ~~
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'IENTZ ENG'
REMNNDER OF
1.3 ACRES ~~; 1~
H. C. JOHNSON AND YNFE.
THELMA R. JOHNSON
TD
BRAZORIA DRAINAGE DISTRICT N0. 4
VOI. 431. PG. 306
B.C.D.R.
UNDA K. TAYLOR
TO
BRAZORIA DRAINAGE DISTRICT N0. 4
FlLE N0. 2008048298
O.P.R.B.C.T.
LOT 1
BLOCK 10
M/MOSA ACRES
VOL. 7, Pr. 15-16
B. C. P. R.
FNO. 5/6- I.R.
W/ CAP STAMPED
'LEN TZ ENG' O
KENNETH W. OUINN AND MAFE,
BARBARA OUINN
TO
BRAZORIA DRAINAGE DISTRICT N0. 4
Fq,E N0. 2007030413
O.R.B.C.T.
NADE ON THE GROUND UNDER !AY SUPERVISION AND REFLECTS '~.;•'•~ ~ ~ "t'Fij•~ U
ACTUAL CONDITIONS FOUND AT THE TIME OF THE SURVEY. G',• ~' :N
aLF~o E. L~IV rz - ._ ._
. ..........
• 9~ ~ 2413 '~;~ •
~1 i - 'l~d.scss~~~0
- UR
-." ~, ~ . .~ I 77
~LENTZ, R.P.LS. (2413 ~/J ~~ ~~
5: \C!VIL-SU\2008\08C1
SURVEY
OF
0.5716 ACRE
IN THE
R. B. LYLE SURVEY
ABSTRACT N0. 543
BRAZORIA COUNTY, TEXAS
MARCH 10, 2009
END E ING, L.C.
4710 8 RE BIVD., SUITE 250
BELLPI E, TEXAS 77401
PHONE 713-839-8900
08019 LT2 BL.K 15 REZCNE REV 03-16-09 dwq 3/16/2009 8:07:04 AM GCT
Exhibit "B"
Location Map
Ordinance No. 2000M-64
LOCATION MAP
ZONE CHANGE NO. 2009-04Z
T
NORTH
LOCATED AT 2501 FRANCES DRIVE AND 4807 BROADWAY STREET, PEARLAND, TX
AFFIDAVIT OF PUBLI
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77.581
State of Texas
Brazoria and Harris Counties
Exhibit "C"
Publication
Ordinance No. 2000M-64
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for ~ issues, as follows:
No.
No.
Date ~ ~~7 20 ~~
Date
20
No. Date 20
. No• Date 20
No. Date 20
~~
CFO
• ~/
Sf bscrlbe and sworn to before me this ~ ~ day of l
20~_
Laura Ann Emmons, Publisher
- Notary Public, State of Texas
Zc~n~ C~n~e ~P ~aac~i-o~l2-.
Pubi'I~Ird April 29 "and Brazona Drainage
M~-~6, 20.09 District No. 4 as record-
ed in File No.
NOTICE OF A JOINT 2007050415 official
PUBLIC HEARING OF recoMs,. Brezoria
THE CITY COUNCIL County Texas
AND THE PLANNING. (O.R.B.C.T.) and also
" AND' ZONING COIN- recorded in Volume 7,
MIti310N OF THE CITY Pages 15-18, Brazoda
OF,` '! PEARLAND, County Plat Records
TEXAlf (B.C.P.R.) and a portion
of Pear Street (60'
ZONE CHANGE N0. R.O.W.), as recorded in
Z009.04Z volume 7, Pages 15-16,
(B.C.P.R.), said 0.4683
Notice is hereby given acre tract situated in the
that on May"19, 2009, at R.B. Lyle Survey,
8:30 p.m., the -City Abstract No. 543 in
Cowrcil and Planning Brazoria County, Texas,
arx} honing Commission (Generally located at
of tM City of Pearland, 2501 Frenas Drive and
in Snmoria, Harris and 4807 Broadway).
Fort ` Bend Counties,
!Mari, wiN cbrWuct a At said Irearing, all irner-
Jolnt public hearing in sated parties shall have
tilt Canmunity Center the right and opportunity
sf`Clh Haq, located at to appear and be heard
362$ Liberty Drive, on ttie subject
Pwllarrd, Texas, on the
request . of Brezoria ArgNa GarNwh
County Dreinege District SeNa Planner
No. 4, applicant and
owner, for approval of a
drange (n zoning dletriot
from.-:,. of
Single ~ Family
Residential-2 (R-2) to
~eneral.~wineee (GB),
one, ~-e _ following
described property, to
~:
A parcel of land oontain-
Ing ',, 0-.5718 acres
(24,900 square feet),
mon ar leas, being a
portion of Lot 1 and allot
' Lf#~2' l~adt 15, Mimosa
Acres, .conveyed from
Kenneth W. Quinn and
wife, garben QuMn, to
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
~av ~ ;'~1~9 .r,
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and
1
Brazoria Counties, for i issues, as follows:
No. ~ Date `~~'~~ ~ 20
No. Date 20 ~~ 1
No. Date 20
- No. Date 20
No. Date 20
Subscribe and sworn to before me this
20~_-
''~ rug LAURA ANN EMMONS
,; Notary Public, State of Texas
'rto~~`*~ My Commission Expires 09-09-2
CFO
~~
day of
~ ; ~`_^ //
Laura Ann Emmons, Publisher
Notary Public, State of Texas
~c~ ~ ~~g~ ~ o a U1~~i --~`~ Z
TEXAl3
ZONE CHANGE N0.
2009-042
PubIW»d AprM 20 and,
May 6, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MiI~ION OF THE CITY
OF PEARLAND,
Notice is hereby given
that on Msy 19; 2009, at
8:30 'p.m., the City
Coundl. and Pianrting
and Zonirr~ Commission:
of the City of Pearland;
in Brezoria, Harris and
Fort. Bend Counties,
Texas, will conduct a
Joint public hearing In
the Commwrity, Center
of Clly HaN, located at
9623 Liberty Drive,
Pearland, ~rae, on tM
request d Brame
~~
No. 4, aMlkait Mid
gamer, for approval of a
olMnpe th dl~let
Narn daasiflcatlori of
sltfnple FamAy
Residentlal-2 (R-2) to
General Business (GB),
on the following
desalbsd property, to
wit
R.O.W.), as recorded in
volume 7, Pages 15-16,
(B.C.P.R.), said 0.4683
acre tract situated in the
R.B. Lyle Sufvey,
Abstrect No. 543 in
Brazorta GfluMy, Texas,
(Generally located at
2601, Frends'-Drive surd
~o~ B)•
At said hearing, all inter-
ested parties shell have
the right and opportunity
to appear and be heard
on the subject
Sahlgr Plarmer
A parcel of land corrtain-
ing 0.5718 acres
(24,900 square feet),
more or less, being a
portion of Lot 1 and all of
Lot 2, Block 15, Mimosa
Acres, conveyed from
Kenneth W. Quinn and
wife, Barbare Quinn, to
Bramrla- Draina9e
District No. 4 as record-
ed in File No.
2007050415 official
records, Brazoria
County Texas
(O.R.B.C.T.) and also
recorded in Volume 7,
Pages 15-18, Brezoria
County Plat Records
(B.C.P.R.) and a porton
of Psar Street (80'
~-=
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000M-64
1 1 1 1
a~ one om~sslon
Recommendation Letter
June 2, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2009-04Z Z
Honorable Mayor and City Council Members:
At their meeting of June 1, 2009, the Planning and Zoning Commission considered the
following:
Request of Brazoria County Drainage District No. 4, applicant and owner, for
approval of a change in zoning classification from Single Family Residential (R-2)
to General Business (GB), on the following described property:
LEGAL DESCRIPTION: A parcel of land containing 0.5716 acres (24,900
square feet), more or less, being a portion of Lot 1 and all of Lot 2, Block 15,
Mimosa Acres, conveyed from Kenneth W. Quinn and wife, Barbara Quinn, to
Brazoria Drainage District No. 4 as recorded in File No. 2007050415 official
records, Brazoria County ,Texas (O.R.B.C.T.) and also recorded in Volume 7,
Pages 15-16, Brazoria County Plat Records (B.C.P.R.) and a portion of Pear
Street (120' X 30' R.O.W.), as recorded in volume 7, Pages 15-16, (B.C.P.R.),
GENERAL LOCATION: Located at 2501 Frances Street and 4807 Broadway
Street, Pearland TX.
Commission Member, Susan Sherrouse, made a motion to recommend approval to the
Zone Change. The motion was seconded by Commission Member Jerry Koza Jr. The
vote was 4-2 and the motion passed. Commissioners Darrell Diggs, Charles Gooden
Jr., Jerry Koza Jr., and Henry Fuertes voted in favor of the motion. Susan Sherrouse
believed the subject property could be zoned with a less intensive commercial zone,
and Commissioner Neil West felt that this action was encroachment of non-residential
uses into a residential subdivision. The Zone Change was approved.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1