Ord. 509-526 07-23-01 ORDINANCE NO. 509-526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING 4.303 ACRES, WITHIN THE
ALLISON RICHEY GULF COAST HOME COMPANY, SUBURBAN
GARDENS SUBDIVISION, T.C.R.R., SECTION 4, ABSTRACT 675,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 981)(NORTHWEST
CORNER OF SH 288 AND BROADWAY) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO OFFICE
PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF WELLINGTON
STEVENS, Iii, AGENT FOR PEARLAND FREEWAY PARTNERS AND
CARRINGTON WEEMS, II, 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, Wellington Stevens, III, agent for Pearland Freeway Partners and
Carrington Weems, II, Owners, filed on May 17, 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 11th of June, 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
Ordinance No. 509 and
ORDINANCE NO. 509-526
WHEREAS, on the 3rd day of July, 2001, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Wellington Stevens, III, agent for Pearland Freeway
Partners and Carrington Weems, II, Owners, 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 Office Professional District
(OP) 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 July 9, 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 Wellington Stevens, Ill, agent for Pearland Freeway Partners and
Carrington Weems, II, 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 Professional District (OP), such
property being moro particularly described as:
2
ORDINANCE NO. 509-526
4.303 acres, within the Allison Richey Gulf Coast Home Company, Suburban
Gardens Subdivision, T.C.R.R., Section 4, Abstract 675, Brazoria County, Texas.
(Northwest Corner of SH 288 and Broadway)
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.
Ill.
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.
3
ORDINANCE NO. 509-526
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.
PASSED, APPROVED, and ADOPTED on First Reading this ~_~ay of
T-OM REID
MAYOR
ATTEST:
~ SE~ETARY~
4
ORDINANCE NO. 509-526
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23 day
of July ,2001.
TOM REID
MAYOR
ATTEST:
~TY SI~I~ETARY ~ ~
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised $/9/00
__ Change in Zoniug Classification from: So to: co~ercinl
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address: Northwest corner of SH 288 and Broadway
See Attached See Attached
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) See Attached
Tax I.D, number: 0675-0029-000 & 067.5-0031-000
Current use of land: kgricultural - Cattle
Proposed use 0fiend within requested designation: Business Park
~eco~d owller's lla~e: F. Ca~ington ~/ee~s, II
Owner's mailing address: 909 Fnnnin Street, Suite 3205 Houston, Texas 77010
Owner's telephone number: 713-658~0442
Agent's name: l/ellington Stevens III
Agent's mailing address: 920 Echo Lane, Suite 100 Houston, To,rna 77026
Agent's telephone number: 713-468-6700 Ext. 133
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Peimit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such uso may be
incompatible with current and future uses on properties iu my vicinity.
Fees paid: $ d~~/'''- '! .... :- c_ Datepaid: 5-t ~ ~' d I
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
Change in Zoning Classification from: SO to: Co~erctal
__ Change in Regulations in Section #:
Specific Use for: *
Property address: Northwest corner of SH 288 and Broadway
See Attached [ See Attached
Lot: Block: [ Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) See Attached
Tax I,D. number: 0675-0038-000
Current use of land: Agricultural - Cattle
Proposed use of land within requested designation: Bus,ness Park
~ecord owner's name: Pearland Freeway Partners, Ltd.
Owner's mailing address: 909 Fannin Street, Suite 3205 Hmmtou, Texnn 77010
Owner's telephone number: 713-658Z0442
Agent's name: Wellington Stevem~ III
Agent's mailing address: 920 Echo Lane, Suite 100 Houston, Texas 7702/*
Agent's telephone number: 713-468-6700 Ext. 133
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Uso Permit
request to allow a residential use in a business zone (OP, NS, OB), I acknowledge that such uso may be
incompatible with~/'~..~. ~~c~ a~d.~re uses on properties in my vicinity. .~/.~/~.~~~
Owner's signa ture//-~/~,~,~ ¢ Agent's signature
Fees paid: $ ~/¢~__~'~. ~ ~ Date paid: / / ,-
Received by'. ( ~~-~ ,_. ~ Application number: ~--~~ [ ~ °q0 *~'')
! ~ePUD netSD'[~
:-~---T~~ Zone GB
F. Cardngton Weems, II FROM w
G~S Peafland Freeway Partnem, Ltd. SD TO COMMERCIAL Application No. 981 s
t Zone PUD
I ~i¢i ii~ Map ~ W^i~Ra o^N~;mu~
Zone SD ~'~
Zorn ' SD
Zone PUD t
Zone PUD
Zont SD ~
~R~RT FR~ iii ~ ~R~RT FR~lfl ~ ~
zo.oG Os
ZONE CHANGE
F. Carrington W~ms, II FROM w
G~S P~nd Freeway P~ners, L~. SD TO COMMERCIAL Application
No.
981
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
cfrculation in Brazoria and Harris Counties, for ..l issues,~-as follows:
No. '7 ' Date -~-~ .20 o/
No. Date 20.
No. Date 20
No. Date 20
No. Date 20.--
~President -
Subscribe and sworn to before me this~(Y day of ~
~~~' ,~lj~her
Notary Public, State o~as ~,~
~ heraCy giv~ thru
CQunCl~'aAd;~he Planning
and
the- Clt~~ of "Peak.and,
~azoria, Harris, and F~
'.conduCt a'Jg nt Pub ic
Hearin9 in the Council
Chambers 'City Ha11-351~
Texas 'on t~e r~est of
Welti~gton .$tev~n's Iii,
agent~ fd~.~F~~. C~iffgf~n
Weems ~llPear~d~
Freeway Pa~tners~~,
dwner for ~h-~me~'b~
the Land Us~'~nd Urban
Developmsnt Ordinance ~f
Co~ S~burb:an .G~da'ns
~id Ci~ from Clarification
Spburbah Developmept
OJStfid~ (SD)to Commer~
Dist~ (C) on the ~ollowieg (N~hwest. c~rnir':.~t 8H
~p~;prope~, to wit:'
23~6 ~,, LL,I,~, Btk,~ &~ ed 'padi~s ~shaJl
'rlg~i a~ ~pp'~rtuh'i{y't0
............ I~ Young Loding
~i~S~refa~= ~,' ,'~
APRUGATION
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, lexas 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 genera!
circulation in Brazoria and Harris Counties, for / ,Jssues,;~as;.follows:
No. ! Date ~- 30 20 ~ /
No. Date 20. __
No. Date 20
No. Date 20
No. Date 20
~:f~resident
Subscribe and sworn to before me this -~f'day of ~
20 hi ~her
Notary Public, S~te-o~as ~q~' ~,,~ ~.
July 3,2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 981
Request of Wellington Stevens, III, agent for Pearland Freeway Partners and Carrington
Weems, II, owners, 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:
82.103 acres, within the Allison Richey Gulf Coast Home Co. Suburban Gardens
Subdivision, T. C. R. R., Section 4, Abstract 675, Brazoria Co., TX
and an amendment to the Land Use and Urban Development Ordinance of said City from
Suburban Development District (SD) to Office Professional District (OP) on the following
described property, to wit:
4.303 acres, within the Allison Richey Gulf Coast Home Co. Suburban Gardens
Subdivision, T. C. R. R., Section 4, AbstraCt 675, Brazoria Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on July 2, 2001, the Planning and Zoning Commission considered
the above-mentioned request.
A motion was made by Commissioner Todd Ioeco and seconded by Commissioner Robert
Scherrer to recommend approval of Zoning Application No. 981.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission