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Ord. 509-525 07-23-01
ORDINANCE NO. 509-525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND, 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 82.103 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 COMMERCIAL DISTRICT (C) 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. 509-525 WHEREAS, on the 3ra 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 Commercial District (C) 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, III, 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: 1. 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 Commercial District (C), such property being more particularly described as: 2 ORDINANCE NO. 509-525 82.103 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. 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. 3 ORDINANCE NO. 509-525 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 ~ ~ day of TOM REID MAYOR ATTEST: u 4' ~__~bTy ~RETA~ ~ 4 ORDINANCE NO. 509-525 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23 day of ,h,ly ,2001. TOM REID MAYOR ATTEST: SF~RETARY -- APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 519100 .... Change in Zoning Classification from: Sl) to: Coamerelal __ Change in Kegulations in Section #: __ Specific Use for: * Property address: lqorthwest 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 & 0675-oo31-oo0 Current use of land: Agricultural - Cattle Proposed use 0fiend within requested designation: BustJ~ess Park ~{¢cord ov~'t~eg's ~e: F. Carrfngton l/ceres, II Owner's mailing address: 909 Fnnnj. n Street, Suite 3205 Houston, lexas 77010 Owner's telephone ntm~ber: 713-658-0442 Agent's name: Wellington Stevens III Agent's mailing ad&ess: 920 Echo Lane, Suite 100 Houston, ?o~as 77024 Agent's telephone number: 713-468-6700 Fart. 133 PETITION: As owner/agent, I hereby petition the City for approval of the above described request as provided by tho laws of the State of Texas and Ordinances of the City of Peafland. *On a Specific Use Peixnit 'request to allow a residential use in a business zone (OP, NS, OB), I acknowledge that such uso may be incompatible with current and future uses on properties in my viciuity. ~? Owner's signature Agent's signature: ~ ~_' ~ ~u~ ZU,~OZODZI(Uq FIH~ U~'UI 11 ;U~ NO.UU~ ~,U2 CITY OF PEARLAND ~ONE CHANGE APPLICATION revised 5/9/00 __ Change in Zoning Classification from: ~D 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: & Bounds Description: (unplatted property only; attach survey) See Attached Tax I.D. number: 0675-0038-000 Current usc of land: Agricultural - Cattle Proposed use of land within requested designation: Business Park ~¢cord evader's hill©: Pearland Freeway Partners, Ltd. owner's mailing address: 909 Fannin Street, Suite 3205 Houston, Texas 77010 Owner's telephone number: 713-658-'0442 Agent's name: Wellington Stevens III[ Agent's mailing address: 920 Echo Lane, Suite 100 Houston, Texas 77026 Agent's tdephone number: 713-468-6700 Ext. 133 PETITION: As owner/agent, I hereby petition the City for approval of the above described request as )rovided by the laws of the State of Texas and Ordinances of the City of Peafland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, OB), I acknowledge that such use may be Incompatible with current aud. tutgre uses on. properties in xny vicinity. , ,. Owner s signatu Agent s signature Feespaid:$ ----,.~---,,~.~___.~..~ r---,. , Datepaid: // Reee,ved by Application number: , 1 Zone PUD ~ ZonePUD ~ : ~ ; : ~ Zone'.SD ~ .;: ; ,; ;:;'/ ~ Zone PUD ~ ~ [ ~ ~ ..... ~ Zone SD5 FROM w E F. C~ngton Weems, II SD TO COMMERCIAL Application No. 981 s Zone PUD Zon~ SD [ Zone PUD ~ 1~~ , Zono PHD I ~ ~ -- ~ Zone OB ~ ~ FROM w ~ F. Carrington W~ms, II SD TO COMMERCIAL Application No. 981 s ~s Peariand Fr~way P~ners, L~. ~o~ 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 ,I issues,~'as foJJows: .. No. ~l Date -5c-~-~ 20 O/ No. Date 2Q No. · Date 20 No. Date _ ~.0 __ No. Date_ 9nt Subscribe and sworn to before me '~ 20 Ul - Published May 23 & May 30, 2001 NOTICE OF A JOINT PUBLIC HEARING OF THE CiTY COUNCIL AND TilE .PLANNING AND ZONING COMMISSION OF TilE' CITY OF PEARLAND, TEXAS Notice is hereby given that on the 11th day of June, 2001, at 6:30 p.m., the City Council and the Planning and Zoning Commission ,of the City of Pear!and, Brazoria, Harris, and Fort Bend Counties, Texas, wiil conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Wellington Stevens, Ill, agent for F. Cairington pt Lt 4,'BIk 20; and 43~34 ac Weems, II/Pearland being Lis 1 & 3.& pt Lts 2 Freeway Partners, Lid., &4, BIk 22 & all of Ltt & pt owner, for an amendment to Lis 2 & 3, & 19.22 ac being the Land Use and Urban Lis 3 & 4, SIk 21; Allisdn Development Ordinance of Richey Gulf Coast Home said City from Classification Co. Suburban Gardens Suburban Development Subdivision, T,C,R.R,, Sect District (SD) to Commemial 4, A;675, Brazorla Co, TX Distdct (C) on the following (Northwest corner of SH described properS, to wit: 288 and Broadway Street) 23.846 ac., Lt I-2, BIk 20 & At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on subject. /si Young Lorling fCity Secretary 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~:pui~lished in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper, of genera! circulation in Brazoria and Harris Counties, for ) issues/as follows:. No. '~' ' Date ~-~o · '.2Q~/ No. Date 2Q No.' " Date '20 No. Date 20 · No. Date 20 ~President Subscribe and sworn to before me this -~r' day of ~ · .N°tary Public, $i~tte-o~as ,~.'k." r~q~' ~;0~~ Published May 23 & May 30, 2001 NOT~CE OF A ,JOINT PUBLIC HEARING OF THE . CITY CouNCIL AND THE " pLANNING ANDZONING ' COUUISSION OF THE cn'Y OF ~t.ANB~ TEXAS NotiCe is t~*eby given that on the Hth day o! Juno, '* Council and the ~'lann g and Zoning Commission of · the City o! Pearland, Brazorio, Hards, and Fort Bend Counties, Texas, witi conduct o Joint public Hear ng tn the Council Chambers, City Halt, 3519 Liberty Drive, Pearland, Texas, on the request of Wetiington Stevens, agent for F. Ce;rrington Weems, IIIPear~and Freeway Partners, Ltd., ow~r, ter an amendment to the Land Use and Urban Development Ordinance o! s~id Ci~ t~n C~ssification Suburban Development Dist~ (.SO) to Commemia~ Oist~c~ {C) an the !otlowing descsY~ed properS, to wit; 23.846 ac., Lt 1-2, BIk 20 & pt Lt 4, ~k 20; and 43.34 ac being Lis I & 3 & pt Lis 2 &4, Bk22 & ail of Lt 1 &pt LIS 2 & 3, & 19.22 aC being Lis 3 & 4, BIk 21; Atiison ' Richey Gulf Coast Homo Co. SUburban Gardens * Sda(~sion, T.C.R.R., Sect 4, A-675, Brazofia Co, TX (No~hwest corner bf SH 288 and Broa6way Street) At saki hea~ng"all irite~'est- ed potties shall have the .. /s/¥oun~ Lon~J: C~J SacmtanJ 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 Riehey Gulf Coast Home Co. Suburban Gardens Subdivision, T. C. IL IL, 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 Riehey 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 Iocco 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