Loading...
Ord. 509-509 02-12-01 ORDINANCE NO. 509-509 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 2.8041 ACRES OUT OF A CALLED 9.29 ACRE TRACT OUT OF THE SOUTH ~ OF LOT 30, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA CO., TX (APPLICATION NO. 963) (OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF BOBBY THOMPSON OF COLDWELL BANKER UNITED, AGENT FOR DANNY BLUMRICK 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, Bobby Thompson of Coldwell Banker United, agent for Danny Blumrick, Owner, filed on November 29, 2001, 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 15th of January, 2001, 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 ©rdinance No. 509; and WHEREAS, on the 16~h day of January, 2001, the Planning and Zoning Commission 1 ORDINANCE NO. 509-509 of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Bobby Thompson of Coldwell Banker United, agent for Danny Blumrick, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Neighborhood Services District (NS); 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 February 12, 2001, 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 Bobby Thompson of Coldwell Banker United, agent for Danny Blumrick , 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 Neighborhood Services District (NS); such property being more particularly described as: 2.8041 acres out of a called 9.29 acre tract out of the South 1/~ of Lot 30, Allison 2 ORDINANCE NO. 509-509 Richey Gulf Coast Home Co. subdivision, Section 21, H. T. & B. R.R. Co. survey, A-309, Brazoria Co., TX (Old Chocolate Bayou 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. 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. ORDINANCE NO. 509-509 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 ~.2 day of TOM REID MAYOR ATTEST: 4 ORDINANCE NO. 509-509 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26 day of F~hrHary , 2001. /%) TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 ~( Chauge in Zoning Classification fi.om: SO to: _~NS __ Change in Regulations in Section #: __ Specific Use for: * Property address: Vacant Land Frontin9 CR89 (100 '~t N.kt. of CR 91/Fire Rd) ~,30A(1,4474 ac) 30A6,7 (.936 acl 30^§(.468ac) ~,]]qson Richey C-.ulf Coast Homes : Block: ^309 HT&SRR Subdivision: HT&8R...R Survey 21-^309 Metes & Bounds Description: See Attached Survey (unplatted property only; attach survey) 0309-0044-000 0309-0044-1S0 Tax I.D. number: 0309-0044-120 and 0309-0044-160 Proposed use of land within requested designation: Smal 1 Retail Center ~)evel opment Record owner's name: Danny B1 umri ck Owner's mailing address: 826 Brunswick Sugarland, TX 77478 Owner's telephone number: (281) 499-8293 Agent's mailingaddress: //7/7 g/ _cT 4 v. 77a£? Agent's telephone numar: ~}~D~ ~ ~ PETITION: As owner/agent. I hereby ~tition the City for approval of ~e a~ve descried request as provided by the laws of the State of Texas and Ordi~nces of the City of Pearland. *On a S~cific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use may ~ incompatible with~urrent and future in USCS On viciffity. Cemete~ -- Sou~ Houston Memorial Gardens Cemeter~ Fork o City of Pearland, Texas DANNY BLUMRICK ZONE CHANGE FROM SD TO NS lC-1 1A-5 30 25 ZONE SO 1A-3 ZONE SD 26 ZONE SD Cf~* UMIT LINE R-2(283) City of Peorlond, Texos DANNY BLUMRICK FROM SD TO NS 20O0 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harri.s 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 20 No. Date 20 : ' No. Date 20 No. Date 20 -- 15resident ;ubscribe and sworn to before me this ,,2~ day of · Brazo~, Hlrri~ ~1 Fort Ja~. 3,2001 ¢ondugt e ~nt PuMic Hearing in ~e 'Counc~ NO~ OF A ~1~ ~, ~ Hag; ~19 PUB~ ~ OF ~ : Libe~ Drive~ Peartand~ C~ C~N~L ~D mE P~N~G ~ ~N~G ' ~ ~' ~ ~ ~MM~ ~ ~E Dan~ Blum~ ~, ~ ~P~D, ~ ~-to ~ ~ ~S Use and Ur~n Develop. ~i~, ~ ~en ~t m~ ;~yd~, (SD) to Neighborhood ~u~il a~ ~ ~n~ ~ D~ ~) ~ ~ ~ Ci~ o; Pe~nd, 2.~1 ~da~ 9.29 acm tract out ~f the ~ l~dL~,~ Richey Gulf Coa~ Home A-309, Brazori~ :Co.~ TX (Old C~ocolate Bayou ~. Pa~B~ve t~ ~ You~ L~ c~ 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. /7. Date //--~ 20. ~/ No. Date 20. No. Date 20 No. Date 20 __ No. Date 20 __ ~"~President Subscribe and sworn to before me this ~ day of (~¢~J ~IO~lCE OF A jo~r PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING MID ZONING CO~S~ION OF ~CITY OF REARLAND, No~ce is hereby given that ~00~, al ~:30 p.m., ~ Ci~ Council and the Plannin~' lind Zoning Commission ,~he Cty of Pearland~ :Srazoria, Harris and Fort, ~end Counties, Texas wiit~ ~conduc a Joinl Public .'t'learing in the CounciJ ~Cbembars, City Hail, 3519 Liberty Drive; pearland, Texas, on the request of y aura~ck, owner, · and UYb~n O~, .>- from Cla~s~ficat~. ~ Fbe~ Develop=eat : ty, to wit: . ',- ~.29 acre trna out of ;{Old Chocolate Bayou, right and oPpol:lahity to _appear and be heard on the January 16, 2001 Honorable Mayor and Cotmcil Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO TIlE CITY COUNCIL ON ZONING APPLICATION NO. 963 Request of Bobby Thompson of Coldwell Banker United, agent for Danny Blnmriek, owner for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Neighborhood Services District (NS) on the following described property, to wit: 2.8041 acres out of a called 9.29 acre tract out of the Soath ½ of Lot 30, Allison Riehey Gulf Coast Itome Co. subdivision, Section 21, Itl. T. & B. R.R. Co. survey, A-309, Brazoria Co., TX (Old Chocolate Bayou Road) Honorable Mayor and Cotmcil Members: At a regular meeting held on January 15, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Emil A. Beltz and seconded by Vice-Chairman Donald Glenn to recommend approval of Zone Change Application No. 963. It was discussed that there was no opposition and Commissioner Tetens commented that it does not meet the Comprehensive Plan. Motion to approve passed 6 to 1 (Commissioner Tetens voted against the request). This is submitted for your consideration. cerely, . ~ H. Charles Viktorin, Chairman ~ ~ ' ~' Planning & Zoning Commission