Ord. 509-523 05-14-01 ORDINANCE NO. 509-523
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 AND GRANTING A SPECIFIC USE PERMIT FOR A MODEL
HOME PARK ON THE FOLLOWING PROPERTY, BEING 2.2055 ACRES OUT
OF THE J. CROWLEY SURVEY, A-174, BRAZORIA COUNTY, TEXAS, ON
THE EASTERLY SIDE OF STATE HIGHWAY 288 BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 976 AND SPECIFIC USE NO. 93) (SOUTH
HIGHWAY 288 FRONTAGE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT {SD) TO GENERAL BUSINESS DISTRICT (GB(S))
AT THE REQUEST OF LOU CORTE, AGENT FOR POWERS/PARKER L.L.C.,
OWNERS, PROVIDING FORAN AMENDMENTOFTHE LAND USE DISTRICT
MAP; CONTAINING A SPECIAL CONDITION THAT ANY MODEL HOMES
BUILT ON THE PROPERTY MAY BE ONLY USED FOR THE SALE
OF SAID HOMES AND REQUIRING THE MODEL HOMES TO BE REMOVED
ONCE THEIR INTENDED USE CEASES, CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, Lou Corte, agent for Powers/Parker L.L.C., Owners, filed on February 13,
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 7th of May, 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;
WHEREAS, on the 8th day of May, 2001, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Lou Corte, agent for Powers/Parker L.L.C., Owners, whereby the
ORDINANCE NO. 509-523
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 General
Business District - Specific Use (GB(S)); 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 May 14, 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 Lou Corte, agent for Powers/Parker L.L.C., Owners, 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 to General Business District - Specific Use
(GB(S)); for a Model Home Park containing a special condition that any model homes built on
the property may only be used for the sale of said homes and requiring the model homes to
be removed once their intended use ceases such property being more particularly described
as:
2.2055 acres out of the J. Crowley Survey, A-174, Brazoria County, Texas, on the
easterly side of State Highway 288 Brazoria County, Texas (South Highway 288
Frontage Road)
I1.
The City Council of the City of Pearland find~ and determine~ that the recitations in the
preamble hereof are true and that all necessary prerequisites of law have been accomplished
2
ORDINANCE NO. 509-523
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.
II1.
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.
3
ORDINANCE NO. 509-523
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of May, 2001.
TOM REID
MAYOR
ATTEST:
~I'Y SE([~tETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th day of
May, 2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
t~Change in Zoning Classification from: ~ ~) to:
Change in Regulations in Section ti:
I
Lot: Block: ] Subdivision:
Metes & Bounds Description: ~ ~owt~ ~u~
(~platted prope~y only; attach su~ey) ~ ~ ~r~
Tax I.D. n~ber:
Current use of land: 1/*~ ~ A.)7'"'
Proposed use of land within requested designation: )
R~ord owner's name: ~0~ /~~ ~,
Owner's mailin~ ad.ess: ~ ~ ~ ~
Owner's telephone number: ~/~ - ~ ~
Agent's mailing ad&ess: ~ ~, ~O~ ff~j
Agent's telephone number: ~ ~/-~
PETITION: As owner/agent, I hereby petition ~e CiW for approval of the above described request as
provid~ by ~e laws of the State of Texas and Ordin~ees of ~e CiW of Pearland. *On a Specific Use Pe~it
request to allow a residential ~e in a business rune (OP, NS, GB), I ac~owledge that such use may be
racom atible with eu~ent and future uses on ro e~ies in m7 ~init7
P P p .'
~wner s s~gnature: Agent's silage
Fees paid: $ ~ ~. ~
Received by: ~ ~
~ ZONE so~
T
L~J c.O-?-
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ZONE SD ZONE
Regionat park
Gotf CourSe
2.2055
ACRES
Count~
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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 / ~ssues/as follows:
No. ~' Date ,~ -//'v" 20/-J /
No. Date 20 __
No. Date 20
No. Date 20
No. Date 20 --
~President
Subscribe and sworn to before me this /-~-- day of ~
~~'~~6~1 her
Notary Public, State of Texas
the 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;pul31ished
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 .~-Z./ 20 ~!
No. Date 20
No. Date :20__
No. Date 20 __
No. Date 20 --
~President
Subscribe and sworn to before me this ~.7.. day of ~zC-~
2001 ~
~~~~her
Notary PubliC, S~at~;~exas
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 ,~' ~ 29 a /
No. Date 20. __
No. Date 20
No. Date 20
No. Date 20 --
Subscribe and sworn to before me this.2.'~day of ~
20 ~/ ~her
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 was4: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
No. Date 20 --
~/President
Subscribe and sworn to before me this ~- day of ~
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
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
~irculation in Brazoria and Harris Counties, for / issues,!-~as follows:
No. Date 20.
No,. - Date 20
No, Date 20
No. Date 20 -- .
~Presidenl
ubscribe and sworn to before me this//~ day of (~/~¢¢
) O f ~~~her
May 8, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 976 WITH SPECIFIC USE APPLICATION NO. 93
Request of Lou Corte, agent for Powers/Parker L.L.C., owners for an amendment to the Land
Use and Urban Development Ordinance of said City from Suburban Development District (SD)
to General Business District with a Specific Use for a modelhome park (GB(S)) on the following
described property, to wit:
2.2055 acres out of the J. Crowley Survey, A-174, Brazoria Co., TX, on the
easterly side of State Highway 288, Brazoria Co., TX (South Highway 288
frontage road)
Honorable Mayor and Council Members:
At a regular meeting held on May 7, 2001, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Richard Tetens and seconded by Commissioner Russ
Selemon to forward Zoning Application No. 976 with Specific Use Application No. 93 to City
Council for approval.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely, ....
H. Charles Viktorin, Chairman
Planning & Zoning Commission