Ord. 509-665 07-28-03ORDINANCE NO. 509-665
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 LOT C, SECTION 3,
GARDEN ACRES SUBDIVISION, ABSTRACT 219, H.T. & B.R.R.
COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (FM 518 AT THELMA
DRIVE) (APPLICATION NO. 1112) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO OFFICE AND PROFESSIONAL
DISTRICT (OP) AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT
FOR WESTSIDE CHURCH OF CHRIST - PEARLAND, INC., 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, Jack McGuff, Jr., AIA, Agent for Westside Church of Christ - Pearland,
Inc., Owners, filed on May 21, 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 16th of June, 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 25th day of June, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-665
proposed amendment application by Jack McGuff, Jr., AIA, Agent for Westside Church of
Christ - Pearland, Inc., Owners, whereby the Commission recommended to approve a
change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (SD) to Office and Professional District
(OP); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application and considered the recommendation of the
Planning and Zoning Commission at a regular meeting on July 14, 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 Jack McGuff, Jr., AIA, Agent for Westside Church of Christ - Pearland,
Inc., Owners, 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 Office and Professional District (OP),
such property being more particularly described as:
Lot C, Section 3, Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company
Survey, Brazoria County, Texas (FM 518 at Thelma Drive).
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ORDINANCE NO. 509-665
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 and its amendments thereto shall be and are preserved for the benefit of the
City.
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ORDINANCE NO. 509-665
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 14th day of
July , 2003.
ATTEST:
n- e
TOM REID
MAYOR
4
ORDINANCE NO. 509-665
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
of July , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZON G
Please check one:
Ci Change In Zoning Classification from:
(list current zoning
City of Pearland
Community Development
3519 Liberty Drive
Pearland. Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx_us
Of-Rce
(list proposed zoning)
❑ Specific Use Permit Request for :
(Ilst proposed use)
Property Information: pp��
Address: _-- 6,9.03 13l�u WA A - 1 -
Subdivision: 6-A406-11 eic� 125 Lot: C- sj A�
Tax I.D. Number. 5.1. t1.1* q a. w 6113858 (7)(1.O.4 It A130)06--)
" For unplatted property, attach a copy of the metes and bounds description"
Current use of property CH U
-- (type of structures on property) C31 rAci Lit y
Proposed use of property: 14tW `-409►4-4 LI'11
PROPERTY OWNER INFORMATION:
NAMEW
ADDRE sS • 1 ftwAOW )
CITY IA444 STATE ZIP 1758 /
PHONE( (1-6) ) 485 I ' 2.1
FAxL.��
E-MAIL ADDRESS -
APPLICANT/AGENT INFORMATION:
NAME JACK MLisiafF. Jig.. M.A.
ADDRESS 5208 140M u)AY •* 9.08
CITY PA(L14 J0 STATE TX ZIP 71S'8(_
PHONELZ-81 ) 4'v 5' ' 20z)
FAx(28I ) 415 TM
E-MAIL ADDRESS rncii f f € sL, IoLV Yte-
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 I have
requested the above checked action. I understand that 1 am fully responsible for the correctness of the
legal description given.
Owner's Signature::
Date: a4/1-1/03
Agent's Signature: y 2���{ Date: o 4-/29/01.
OFFICE USE ON
r: PAID: d �5 P� DATE PAID: 5/ a t/ d 3
RECEIVED BY:
APPLICATION NO. / I I a1.
0 200
1 1 1 1 1
400 Feet
l
Zone Change Application No. 1112
Westside Church of Christ/Jack McGuff
Thelma Drive at FM 518
(SD - OP)
N
W+E
S
June 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1112
Request of Jack McGuff, Jr., AIA, agent for Westside Church of Christ — Pearland, Inc., owners for
an amendment to the Land Use and Urban Development Ordinance of said City from classification
Suburban Development District (SD) to Office and Professional District (OP) on the following
described property, to wit:
Lot C, Section 3, Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company Survey, Brazoria
County, Texas (FM 518 at Thelma Drive)
Honorable Mayor and Council Members:
At a regular meeting held on June 16, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1112 to City Council for
approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Westside Church of Christ — Pearland, Inc. , 6203 Broadway, Pearland, TX 77581
Jack McGuff, Jr. AIA, 5208 Broadway #208, Pearland, TX 77581
Page 1 of 1
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 / issues: as follows:
No / Date C -177 20 (21_
No. Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 0-3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1112
Published 05/28&06/04/2003
Published May 28 & June 4,
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 16th day of June, 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 Jack
McGuff, Jr., AIA, agent for
Westside Church of Christ -
Pearland, Inc., owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
Office and Professional
District (OP) on the following
described property, to wit:
Lot C, Section 3, Garden
Acres Subdivision, Abstract
219, H.T. & B.R.R. Company
Survey, Brazoria County,
Texas (FM 518 at Thelma
Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is( Theresa Grahmann
Planner I
APPLICATION NO.1112