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Ord. 2000M-0064 2009-06-03 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 2009 ZONE CHANGE APPLICATION Page 1 of 4 Updated May 2008) City of Pearland .~. APPLICATION FOR Comm3523DLbert pDnve _,_~~; ~ _; ~~~ A CHANGE IN ZONING Pear and, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com Current Zoning District: R- 2 (Siyl4i~ 1=ar,;ly Rcsidt~n-h'al - 2~ Proposed Zoning District: GB (Gchc..al gNSir,ess R.et~~l) Property Information: Address or General Location of Property: 2501 FrsNCes Drive ~ 480'1 Bre,Jwav Tax Account No. c1 ~ 5 1 23 I ?~a o . (o <o bbc7 1 aS.a ooh (Q(~.orro, ~ 05 o F, 0 Subdivision: M~wtosa AGrYs Lot: All of 2~ Pirtef I Block: 15 A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME gra7~ria <eurrt7 D/`a~t Dis~rit+ t~o.4 ADDRESS__ 4805 l3foa,wav CITY P~I~nJ STATE TX ZIP '1'1581 PHONE( 281 ) 485- 1434 APPLICANT INFORMATION: NAME_~razoria Go. pr~ p~sl,ri~c~ Ne.4 r!I~~kt Y~c~) ADDRESS_ 4805 BroaJwav CITY PearlartJ STATE TX ZIP 715A1 PHONE( Z81 ) 485 - 1434 FAX( Z9I ) 485- 0065 FAX( 281 ) 485 -0065 E-MAIL ADDRESS r-~. bdJ4~sw6tll.net' E-MAIL ADDRESS wtV. bdA4 Q swbtll•net '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. 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: Agent's Signature: Date: -' ' z +.~~ c1 ~ Date: ;~~ /,,.~i~n~iT 2«<~ OFFICE USE ONLY: FEES 2/~-, dp DATE RECEIVED __, RECEIPT PAID: ~~ PAID: __ BY: ~ NUMBER: I ~v2- b 13 Apolication No. ~~-- O ~ ~l8051S'. Broadway ~ "'"" Pearland, Teras 7781 ~ f~'ax (?81) d8i-006 Ph. (281) d85-1-13a p bdd-ICsH•belLrret ti BraZoria Drainage Distfiet No. 4 APR O l 2009 A Political Subdivision of the Stcrte of Tere7s March 23, 2009 Planning and Zoning Commission City of Pearland 35 l) Liberty Drive Pcarlancl. Texas 77581 Darr Conunissioncrs: This letter is to infornl you of our intent to rezone 0.5716 acre in the City of Pcarlancl from Single-Family Residential-? (R-Z) to General Business Retail (GB). The subject property is located at the southeast corner of Pear Sweet and Frances Drive, adjacent to our existing facilities. We are planning to expand ow- operations by consU~ucting a new office building on the site. In order for us to do so, the zoning must he compatible with a government office building use. Orin reyucst for 1'CZOnlllg includes the southerly 30 leet of Pear Street cast of Frances Drive. ~Vc are anticipating abandonment of this street when we plat our site and wanted to he certain that this future portion of our facilities was also zoned appropriately. Currently, our existing facilities are coned GB, and this rezoning will bring the remainder of the land that we intend to develop into confornlance with the zoning of our exlstulg bullclulgs. We appreciate your consideration of this request for rezoning. Please do not hesitate to rontacl nlc if you have any questions or concerns. Sincercl}', Brar.oria County Drainage District iVo. d ~~ ~ cx ~~ ~•like Yost Supcrintendcn[ Dan Keller ./effrey Brennan Kobert Meineke Cnnrnrissicnter Cnnrmissitrner Cnnuui.~.rinrrer L ntz ENGINEERING. L.C. March 25, 2009 Mr. Mike Yost Brazoria Drainage District I~'o. 4 4805 ~V. Broad~~'ay Pearland. Texas 77581 Re: BDD ~4 Office Building LE 09014 Dear NIr. Yost: aPR o i zoos Please find attached an Application for Zone Change for a portion of Lots 1 and 2, Mimosa Acres and Pear Street. This is the ne~~~ building site. Please sign and date the application, place the letter on District letterhead as noted, attach a 5250.00 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 ha~~e any questions or require any further information, please do not hesitate to call. Sincerely, Lentz Engineering, L.C. ~~ "; `. ~` ~ ~i Alfred E. Lentz, P.E., R.P. L.S. President Cc: IVIr. Aaron Bourgeois SE:dACR UhE wt.. e3z PG +w P.O.C. ~ wl en. PG 70 NU. +' Lc w~. nJ. Pc. {n _ _._ vG~ nJ. w {2{ P.0.9. :: r Mac NaF v aSPHALT ~ d U Q S m V 11{ /~1~1 U 3 `~ d a Z~r: ~v~ LINE TABLE LINE BEARING LENGTH A'F5" GC 4200' PEAR STREET A~`~~ ~~PEo (80' R.O.W. -ASPHALT) (VOL 7, PG. 15-18, B.C.P.R.) TO ~ A9ANDONED FNS ?~NC~EO ~' JT 1' OhETMANCJ SETBACK lY1E I VGL. e3z Pc Iw 0.5718 ACRE va.. en, PC. 70 V0. 72], PG 411 24,900 SQ. FT. I VGl_ 72J, PG a21 B.CD.R BLDG. UNE Is' anG urn va. eJZ Pc. +~~ w. 7. PG ts-te >~ en. x. 70 B.CP.R, Y0. 72J. PG {21 I FaL 032. PG Iw t'GL. )IJ. PG 12{ vcl~ en. x. 7o B.CD.R. VDL 723, PG alt I B.CD.R O ~1 ~~o I LOT 2 I g s ~~~ I BLOCK 15 =~ ~ M/MOSA ACRES I N IVOL. 7, PG. 15-16 scT°~Aa u e~ B. C. P. R. w ei, PPGC. io I NX. 72J, PG {11 VDL 72J. PG 124 I Z e c.o.R. I' 01ERRANC gTBACK LINE J' BLDG l1NE vGl_ eJZ Pc ,w vGL. eJZ PG tw I vas en. PG 7D vDl. en, vG )o Wl. 723, PG {21 va. 723, PG 121 I v0L 72J. PG 121 t~Vl_ 72J, PG {3{ e.GO.a. e.cD.R. IJ SET 5/6" I.R. FNC. t' ~.P W/ CAP STat.IPEC • 1 'LENT ENG' Q2 LoT 1 g I BLOCK 15 ~ I MIMOSA ACRES VOL.. 7, PG. 15 - 15 j SET 5!"B' R B. ~ ~. ~. (/~ I / CAP STAMP 7 'LEN .2 ENV I RGJ~ 1W.W SET 5, B' LR. W/ CAF STAh!FEO 'LENT2 ENG' f NC. S/B' LR. CAP STAMPS: 'LEND. ENG' ',, NOTES: 1. ThE BEARiGS SHAWN HEREON ARE BASED ON THE PLAT OF MIMOSA ACRES, AS RECORDED .N VCI LIME 7, PAGES i5-16, BRAZORIA COUNTY PLAT RECORDS. Q, FCR T:~+E PURPOSE CF THIS SURVEY, NC IMPROVEMENTS ARE SHONN HERE OtJ. 1. THE SURV=SCR HAS NO: ABSTRACTED TiE SITE, AND NO T1 TLE REPORT HAS BEEN FURN'SnED, THEREFORE. ALL ENCUMBRANCES ON THE SUBJECT PROPERTY MAY NOT '. 3E 5~-CVA ...EEO\. ' 4 `~E 5..9.,ECT 'RCP=R"• IS t.OCATEJ CN MAP 6t4 ROT Tl~k. 'BEY MAP : r7k 3RAZC~ A A\.~ ;.-Ail-_"S-L."~ C::',.~YT`.ES."_x:'45. 5 ACS^.-'.~`7 ,~F.:: •. ~~C~V A'~CY MAY NOT RE+~Rr cftil CURRE(~h' OW"iERS r I HEREBY CERTIFY THAT THIS IS A TRUE REPRESENTATION Of A ~,~t C3t~ i~ T~ MADE ON THE GROUND UNDER MY SUPERVISION AND REFLECTS ~~t.'•S~' qF•- ACIUAL CONDITIONS FOUND AT THE TIME ~ THE SURVEY. G:; ~ ~' ~ ~:N • • ALFRED •E.• LENR• . ,~ :.9.. 2e 13 ~ ..!"~ Q' . UR . ED - LENTZ, R.P.I.S. /2413 ~7 10' UTL E511T - vu. 7, Pc. +s-+e B.CD.R 2467 ACRES 8. J. RESOFT AND YWFE, LYDIA JANE MASSEY RESOFT BRAZORIA DRAINAGE DISTRICT NO. 4 ~'{ VOL.. 1052, PG. 251 v 4 A~ B.C.D.R. ~`y S 'T MAG t. A~'~ O `~ r N A6PHALT ~' C ' ~' ~ 4 • 'S 4 $ 9 FnG. 5/e" IA. / CAP STAMPED 'LEN TZ c"?+G' REMAINDER OF 1.3 ACRES ~A~; 1• ~ 40' H. C. JOHNSON ANO 1MFE. THELMA R. JOHNSON TD BRAZORIA DRAINAGE DISTRICT N0. 4 VOL.. 431, PG. 505 B.C.D.R. 8 n 0 LINDA K. TAYLOR TO BRAZORIA DRAINAGE DISTRICT N0. 4 FlLE N0. 2006048298 O.P.R.B.C.T. LOT 1 BLOCK 1 Q MIMOSA ACRES VOL. 7, PG. 15-16 B. C. P. R. FNO. 5/B' I.R. W/ CAP STAMPED 'LENTZ ENG' O KENNETH W. OUINN AND YMFE, BARBARA OUINN TO BRAZORIA DRAINAGE DISTRICT N0. 4 FlLE NO. 2007050415 O.R.B.C.T. SURVEY aF 0.5716 ACRE IN THE R. B. LYLE SURVEY ABSTRACT N0. 543 BRAZORIA COUNTY, TEXAS MARCH 10, 2009 250 FAX 713-839-9020 S~\C!V7L-SU\200fl\08C',9\\!,MOSA TOPO\dwq~,C~ CE019 LT2 8LK 15 REZONE REV 03-16-09 Cwg .3/16/ZC09 8 OT04 AM CAT Exhibit "B" Location Map Ordinance No. 2000M-64 j I ~~ 1 J, 1. I I 30' RbW ';aa ~~ SUBJECT PROPERTY ~5 ~ ._ i 1 ` < `I I 1I 1 1 _., 7ti:: _. ^._ 1 / / I I _1 •~ L{_ ; i r` t ~ ~ t ,.i .~~ LOCATION MAP T ZONE CHANGE NO. 2009-04Z 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 IVlorrow, 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. _ ~ Date ~ ~~ 20 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 Del ~ ~r~ ~___ CFO day of Laura Ann Emmons, Publisher ~~ Notary Public, State of Texas Zane. C~ n~~ ~~p ~ aUc~i-oy Z Published April 29 and Brazoria Drainage May 6, 2009 District No. 4 as record- ed in File No. NOTICE OF A JOINT 2007050415 official PUBLIC HEARING OF records, Brazoria THE CITY COUNCIL County Texas AND THE PLANNING (O.R.B.C.T.) and also AND ZONING COM- recorded in Volume 7, MISSION OF THE CITY Pages 15-16, Brazoria OF PEARLAND, County Plat Records TEXAS (B.C.P.R.) and a portion of Pear Street (60' t•ONE CHANGE N0. R.O.W.), as recorded in 1009-04Z volume 7, Pages 15-16, (B.C.P.R.), said 0.4683 Votice is hereby given acre tract situated in the hat on May 19, 2009, at R.B. Lyle Survey, i:30 p.m., the City Abstract No. 543 in ;ouncil and Planning Brazoria County, Texas, Ind Zoning Commission (Generally located at ~f the City of Pearland, 2501 Francis Drive and i Brazoria, Harris and 4807 Broadway). rt Bend Counties, cas, will conduct a ~t public hearing in Community Center City Hall, located at ?3 Liberty Drive, gland, Texas, on the uest of Brazoria ~nty Drainage Distract 4, applicant and ier, for approval of a rage in zoning district n classification of gle Family ~idential-2 (R-2) to feral Business (GB), the following cribed property, to A parcel of land contain- ing 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 At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Angela Gantuah Senior Planner AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties ~~Y 't1Q9 i ~ 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 Brazoria Counties, for i issues, as follows: No. ~ Date %~'~~-{/ ~ 20 ~, i No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 ~- `~1--_ ~~-----~-- - -- ~, LAURA ANN EMMONS ,; Notary Public, State of Texas !;_~ ~`'~ My Commission Expires 09-09-2 .~la~ CFO _ day of~ ~ Laura Ann Emmons, Publisher Notary Public, State of Texas ,_ t ~~ C.~~g~~o~ ac~~l-c~~z CHANGE N0. Notice is hereby given that on May 19, 2009, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Community Center of City Hall, located at 3523 Liberty Drive, Pearland, Texas, on the request of Brazoria County Drainage District No. 4, applicant and owner, for approval of a change in zoning district from classification of Single Family 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 Survey, Abstract No. 543 in Brazoria County, Texas, (Generally located at 2501 Francis Drive and 4807 Broadway). At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Angela Gantuah Senior Planner Residential-2 (R-2) to General Business (GB), on the following described property, to wit: Published April 29 and May 6, 2009 NOTICE OF A JOIN PUBLIC HEARING 0 THE CITY COUNCI AND THE PLANNIN AND ZONING COM MISSION OF THE CI OF PEARLAND A parcel of land contain- ing 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 record- ed in File No. 2007050415 official T records, Brazoria F County Texas L (O.R.B.C.T.) and also G recorded in Volume 7, Pages 15-16, Brazoria TY County Plat Records (B.C.P.R.) and a portion of Pear Street Exhibit "D" P8Z Recommendation Letter Ordinance No. 2000M-64 Planning & Zoning Commission 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