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
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',, 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
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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
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LYDIA JANE MASSEY RESOFT
BRAZORIA DRAINAGE DISTRICT NO. 4 ~'{
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H. C. JOHNSON ANO 1MFE.
THELMA R. JOHNSON
TD
BRAZORIA DRAINAGE DISTRICT N0. 4
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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.
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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
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SUBJECT PROPERTY
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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