Ord. 509-462 06-26-00 ORDINANCE NO. 509-462
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 10.00 ACRES SITUATED IN THE
SOUTHWEST 1/4 OF THE NORTH 1/4 OF SECTION 17, H.T. & B.R.R. CO.
SURVEY, A-242, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 9t3)
(CHOCOLATE BAYOU ROAD @ FITE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF CHARLIE EASON OF HARDCASTLE
REAL ESTATE, AGENT FOR BASIL L. COGBILL, 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, Charlie Eason of Hardcastle Real Estate, agent for Basil L. Cogbill, Owner,
filed on February 25, 2000, 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 'W'; and
WHEREAS, on the 24t~ of April, 2000, a Joint Public Hearing was heed 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 24~ day of May, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Charlie Eason of Hardcastle Real Estate, agent for Basil L. Cogbill,
Owner, whereby the Commission recommended and approved a change of classification for
the property described in Exhibit "Av from its existing classification of Suburban Development
District (SD) to General Business (GB); and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on June 12, 2000, 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 Charlie Eason of Hardcastle Real Estate, agent for Basil L. Cogbiil, Owner,
presented which, in the judgment of the City Council, would justify the approval of said
application, it is therefore,
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) to is hereby
for all purposes changed and reclassified as General Business District (GB); such property
being more particularly described as:
10.00 acres situated in the Southwest 1/4 of the North 1/4 of Section 17, H.T. & B. RJR.
Co. Survey, A-242, Brazoria County, Texas (Chocolate Bayou Road @ Fite Road)
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.
2
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-462
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
June ,2000. ~
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of
June ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
H;i~-LiL,'tSJ'L£ REHL Ebl,qH= IEL:,13-48~-0589 Feb Ui',0U ~:IA No.U01 I-'.ul
, , .... :1,.., !;11. ,l:;, f . , l~,~l~,.,~j!lh~:,~¥~jl,;~ I i?,~:..g ,~,~.~,;.~,~j~.~.~.,l: .: ,l,~d :.~.1~ i~,:lll~llli]Pl:~,j
_. X.__ ('Jmnge in Zoning Cl~ssiticMion [rOlll SD _. . Io:
.. CJlilIIF: ill Regulalion ill SccliOII ~:
~ Specific Use fi)r: * ....................
PI opel ly ~<hh'css:
_ I'OI:iA2.iA2A J~:ABST 0242 J
Meies & Bounds Desc~ iplion:
(unplanted propelly only; attach survey)
'h~x I.D. number:, 02~2-9997-120 ,, ,
Proposed .se of land within requested designation: ~o~g A~ ']'~I]S TI~
Record OWllCl"S ilalllC; BASIL L, COGBILL
Owlmr'slllaiJi.g address: 910 wOODLAN ~F~DERICKSBURG, TEXAS 78624-7420
Owllgl' S J~ e ) }Ofl~ Illllll )¢l: ]-- -- , [ , [ , ,
A~CIII'SlISI~C: CHARL]E EASON, ~ARDCASTLE ~AL ESTATE
A~]fsmailingaddlcss: 6302 BROADWAYI SUITZ 2201 PEARLAND TX 7758]
A~l~t'.~,.~Jcphon~ number: 281-485-6000 ..,
PETITION: As owncr/a8cnl, I hcscby petition thc City for apl)roval of tho abovc described
requcsl as providcd by thc laws of the Statc of Tcxas and Ordinancc of thc Ci~ of Pcm-]and. *On
. Specific Use Pennil lC<lUCSl Io allow a rcsidcntia] usc in a business zo.c (OP,
ac. knowledge that such u~e tony be incompntible with cmTcnt n.d fim.-c used on proper6es in my
vicini~,.
Owllcr's SI~IatLRe. Ageut's signalmen, _,_
Fee paid: $ ~ ~/ Dale Imid:
~/,~ .................... h
Rece?ed by: APplication munber:
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
~zoria and Harris Counties
~andy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
~ulation in Brazoria and Harris Counties, for ,/ issues, as follows:
No. / Date /-~'" ~ 20 Go
No. Date 20
No. Date 20__
No. Date 20 __
No. Date 20~
)scribe and sworn to before me this ~ '
Lau~
Notary Public, State of Texas
NOTICE OF A JOINT
PUSUC HEARING OF THE
CITY COUNC L AND THE
PLANNING AND zONING
COMMISSION OF
the 241h day of Apdl, 2000, at
6:30 p.m., the City Council
and the Plam~ing and Zoning
Commission of the City of
Pea~nd, Bmzoda. Harris and
Fort Bend Counties, Texas,
will conduct a Joint Public
Hearing in the Council '
Chambers, City Hall, 35t9
~Liberty Drive, Pear,and,
merit to the Land Us~ and
Urban Development
Ordinance of said City from
Classification SUburban
Development Distdct (SD) tO
CommemaJ Diseict (C) ~ the
following described prope~,
10 acres situated in the
Southwest 1/4 of the North
, 1/4 of SeclJon 17, H. T. & B.
R.R. Co. survey, A-242,
Brazoria Co.. TX (Chocolat~
Bayou Rd (Rte Rd)
~ p~r ties: slm~lt~'~e- t he
and ~ to appear and
j cay Sncretay .
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 and Harris Counties, for ! issues, as follows:
No. / Date Zr/-//Z- 20 ~o
No. Date - - 20__
No. Date 20 __
No. Date 20 __
No. Date ~'20 __
Subscribe and sworn to before me this //~ '/~ay of ~//
20. ~ ~
N{ ~[ate ol lexas
PUBLIC HE~RING OF THE
CITY COUNCI/rAND THE
PLANNING AND ZONING
Nob:e is h~*eby gi~n Ihat m
6:30 p**m., the City Council
Commission of the City
Fort Bend Coi~liex, Texas.
will conduct a Joint Public
Hearing in the Council
Chambers,.City Hail, 3519
. Liberty Drive,
Texas, on the relllJe~
R~el F.~ae, agent for.Besil L
ment to the Lead
Ih'ban Devel~me~tl
Ordinance. ol said
Classification Sul~xf~tI
Dev~opm~t D=r~
10 acres situated i~_~.-:
Southwest 114._of thJ
114 el ~
8.~.* Co.
At i~l~l~flng all interested
Li~I~_ ishal[ have the right
May 5, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 913
Request of Charlie Eason of Hardcastle Real Estate, agent for Basil L. Cogbill, owner, for
an amendment to the Land Use and Urban Development Ordinance of said City from
Suburban Development District (SD) to Commercial District (C) on the following described
property, to wit:
10.00 acres situated in the Southwest 1/4 of the North 1/4 of Section 17, H. T. & B. R.R. Co.
survey, A-242, Brazoria Co., TX (Chocolate Bayou Rd ~ Fite Rd)
Honorable Mayor and Council Members:
At a regular meeting held on May 1, 2000 after a Joint Public Heating, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Russ Selemon
to recommend denial of Zone Change Application No. 913.
Motion to deny passed 3 to 2.
This is submitted for your consideration.
Sincerely, . /f~
Mary Start, Chairman
Planning & Zoning Commission
May24,2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: ZONE CHANGE APPLICATION NO. 913
Request of Charlie Eason of Hardcastle Real Estate, agent for Basil L. Cogbill, owner, for
an amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development District (SD) to Commercial District (C) on the
following described property, to wit:
10.00 acres situated in the Southwest 1/4 of the North 1/4 of Section 17, H. T. & B. R.R. Co.
survey, A~242, Brazoria Co., TX (Chocolate Bayou Road ~ Fite Road)
Honorable Mayor and Council Members:
At your request, I have spoken to the owner of the above mentioned property regarding his zone
change request. He has agreed to amend the request to change to General Business District
(GB).
This is submitted for your consideration.
Sincerely,
Gene Tumlinson
Director of Community Development and Services