Ord. 509-539 10-22-01 FailedFAILED 10/22/01
ORDINANCE NO. 509-539
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 TRACT I: 8.7125 ACRES, OUT OF
AND PART OF LOT 6, BLOCK 10; AND TRACT II: 10.2571 ACRES, OUT
OF AND PART OF LOT 6 AND 7, BLOCK 10; BOTH OUT OF THE
ALLISON RICHEY GULF COAST HOME COMPANY, SUBURBAN
GARDENS SUBDIVISION, SECTION 4, T.C.R.R. COMPANY SURVEY, A-
675, RECORDED IN VOLUME 2, PAGE 99, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 990) (SHADOW CREEK PARKWAY/MCHARD ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
MULTI -FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF
WAYNE DALCIN OF ALTRA ASSET CO.,INC, AGENT FOR PLEASANT
GROVE MISSIONARY BAPTIST AND NEW BETHLEHEM MISSIONARY
BAPTIST CHURCH, 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, Wayne Dalcin of Altra Asset Co.,lnc, Agent for Pleasant Grove
Missionary Baptist and New Bethlehem Missionary Baptist Church, Owners, filed on July
27, 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 8`h of October, 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
1
ORDINANCE NO. 509-539
Ordinance No. 509; and
WHEREAS, on the 9th day of October, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Wayne Dalcin of Altra Asset Co.,Inc, Agent for
Pleasant Grove Missionary Baptist and New Bethlehem Missionary Baptist Church,
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 Multi -Family Dwelling District (MF); 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 October 22, 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 Wayne Dalcin of Altra Asset Co.,Inc, Agent for Pleasant Grove
Missionary Baptist and New Bethlehem Missionary Baptist Church, 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:
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
2
ORDINANCE NO. 509-539
hereby for all purposes changed and reclassified as Multi -Family Dwelling District; such
property being more particularly described as:
Tract I: 8.7125 acres, out of and part of Lot 6, Block 10; and Tract II: 10.2571 acres,
out of and part of Lot 6 and 7, Block 10; both out of the Allison Richey Gulf Coast
Home Company, Suburban Gardens Subdivision, Section 4, T.C.R.R. Company
Survey, A-675, recorded in Volume 2, Page 99, Brazoria County, Texas (Shadow
Creek Parkway/McHard 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.
3
ORDINANCE NO. 509-539
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.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2001.
TOM REID
MAYOR
4
ORDINANCE NO. 509-539
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this _ day
of , 2001.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
October 9, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 990
Request of Wayne Dalcin of Altra Asset Co., Inc., agent for Pleasant Grove Missionary Baptist
Church and New Bethlehem Missionary Baptist Church, owners for an amendment to the Land
Use and Urban Development Ordinance of said City from Suburban Development District (SD)
to Multi -Family Dwelling District (MF) on the following described property, to wit:
Tract I: 8.7125 acres, out of and part of Lot 6, Block 10; and Tract II: 10.2571 acres, out of
and part of Lot 6 and 7, Block 10; both out of the Allison Richey Gulf Coast Home Co.,
Suburban Gardens Subdivision, Section 4, T.C. R.R. Co. survey, A-675, recorded in Volume
2, pg 99, Brazoria Co., TX (Shadow Creek Parkway/McHard Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 8, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Robert Scherrer and seconded by Commissioner Don
Sederdahl to forward Zoning Application No. 990 to City Council for denial.
Motion to deny failed 3 to 3.
(Commissioner Scherrer, Commissioner McDonald, and Commissioner Sederdahl were for
the motion to deny, and Chairman Viktorin, Vice -Chairman Glenn and Commissioner
Selemon were against the motion to deny)
This is submitted for your consideration.
Si cerelyILItM
/� p�
H. Charles Viktorin, Chairman
Planning & Zoning Commission
JUN�20v200 w 22: ?Li 1rn
CITY Or PEARLAND
RICHARD BOWE
ID:713-485-8764
13 79D 15?
FAX NO. 7139910495
P. 02
JUN 2C'01 12:51 No.009 P,02
p.2
CITY OF PEARLAND
ZONE CHANGE APPLICATION
eT„ ,mot revised S/9/0o
_ Change in Zoning Classification from: S . D - to, M.F.
,_ Change in Regulations in Section N:
__Specific Use for: to
Plop yatktresx Mt Hard. Road (South Side)
pi
Lot: 1p QA lacl; / ®
Subdivision:
Metes & Bounds Description:
(unplanedproperty only; attach survey) Attached Survey and Legal Description
ryy 770.2 b'ro /Ga4s4J77-r
7_ax i.I7. numbers ar `24 0 3Y% 1 % 'Ww
6 Rove n4.:si:0Am/14134Trr
hrFt hem j, S.c ige d
r
Current use of land: Vacant
Proposed use of land within requested designation: Multi Family (Apartments)
—PiettSiater
aovf Ass ton A.Ay 114,/7,,-Ctf4,lcHi CW4A t1
Record owner'sname; A4v 113 erg Len 1M1cs:oy04tfy Men ayhmat,Aehw
Owner's mailing address: PAD, 884 /,S2S(o
Jb
j--r ev / X % /.t? 0
Owner's telephone number: 3 22 8S9 %o t7z3 0222 0 97i
Agent's name: i., »SSer W /c /4n#: AM -Yale
Agent's mailing address: O `5✓ k itili fleew,t y l /3 / aknew
Agent's telephone numtaap O
PETITION: As owner/agent, I hereby petition the City for approval of the above described request sI
provided by the laws of the State of Texas and Ordinances of the City of Peadand. "On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that Backus* may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature:
Agent's signshugi/ T .
Fees paid: $ $ 250.00-=
Date paid: 0I la-7
Receivedb l/ iAti i, 7
j �/
Application number: vlCK
ontact: Mona @ 281-652-1647 def 0/g
etuftcW
Makes
L./Acton SR
4 StesAtb,4
li,.�l f, A e n, L0 (a isxQ> 113 - 1790 0935
VICINITY MAP
(3IS
Application No. 990
PEARLAND INVESTMENTS'LTD PRT
2001 BUFFER NOTIFICATION
ALAND tNVESTI.
PEARLAND iNV`cSTMENTS LTD PRT
PEARLAND
GIS
NVESTMENTS-LTD PRT
PEARLAND
ESTMENTS LTD PRT"
Pleasant Grove Missionary
New Bethlem Missionary
8.71 Acre Tract
PEARLAND INVESTMENT
PEARLAND I!
10.25 Acre Tract
ARLANDJNVESTMENTS LTD PRTJ.
ZONE CHANGE
SD TO MF
TD PRT
VESTMENTS LTD PRT
Application No. 990
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, Harris & Galveston Counties, for / issues as`follows:
No. ) Date 4 - 2 Z 20. o1
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
202t--
u4n-nikr).--
President
Z 3 day of a(r-
c
Notary Public, State o exas �,
i
OFAJDN
ci'IY CotiL (AND itt2 tl
t PLANNING AND Z
►-COMIMs9i , rl
T�QFP,':'I
ptdmber, 2001 at 8:30
43t1WCItyxCQanoi and'
, e, P)andirig and'Zoning
r `mmission of the City o
dd,,@ anrazoda,Hard§
n ...t .nrdu ,..,., t'eriiia
conduct a Joint Pubhc=.
ar'id"g tin. t
ambers, City Hall 3510.
'dOrly Pand
'
Ny akyeDP' '�t�tt JeAseta°,'
o- .Gg Inc agenttorPeasan
ty
title Misa tinatit:40tisit
01 ` urch & NeWWathl
$lonary BaptlstC
—
rp L`and.Use and-Urfiatt'
velopment Ordinance 01.
d City from ClassifgAdgn
gburban'Dekelopment
Vgsinct (SD) to MulphfRaiM
'Ave• Iing Djatrwt (MF) on 01p„
tppowing described proper'
r audt;;.-.
Tr, . 8.7125 ac out of, 8R,
> of.P 6;_ 954rt0
g 102571 ac outs
91u0&7F
cf he Allison 'she :Gulf '
oast Home ,Co �y
ardens Subd, Sect tt, ,
i 'I�..C.N.ER.:_Co Survey-'
ftti 5 , recorded m Vol 2,,pg •
Brazorrg Cpp»TX•;
*laid Road) `
I Atsaro f wring a8lnteS'
1 ed +d13 s; sha8 have;fbe
pght a� d Qppotttnit t.o
f appearand baheardan tte.:
r slblect;
t, Isl\:r?ung Lo 93y
I..Q1E crelank;
r;,, -
I PRRkt
AFHHDAVE" OF Ft)
UCA lQN
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / i MOS tas follows:
No. / Date 8 - Z 1 2-; 1/
No. Date
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 01
is Lion_
President
i0
day of 4cp-al-
Notary Public, State o texas
z5Q th
CE OFJOINT
H INGOFTHE`
QUNCIL AND THE
N OD ZONING.
*SI NOFTNE '
;EARLAND, '• `,
1 hicticais h'rObyglkgh t
qay 7bt
D.eptember, 2001, at
p.m,- the City Council end
l$ Planning anGZoniijig
Commission of the .Oi
Pbgrtand, )3razArlia,ge,
;Fort Bend Count;j'e*
will conduct a Joint PO
• Heating" in the:, opyr i
Q)t,itbars, Cityt g 15
,ibe7 y Drfye; s. d,
Texas on ihe`r gvgsgi
Wayne Dalctn btAltra Asset
Co., Inc., agent forPlaasent
.Grove Missionary Baptist
Church & New Bethlehem
Missionary Baptist,Churgl,
owner, for an amendment to
Die Land: Use end- Urban
Development Ordinance of
old from Classification
Suburban Development
District ($D) to Mvllti.Faritily
wellingDistde:(MF) of the
`following described=prop@r•
city, to'wd
I: 8 7125 ac., out of & _,
'earl of"Lt.6, Bik 10;-and Tr
ik 102571-ac.,putof&part
of Lt 6 & 7, Bik 10; both out
*The Allison Richey.Gulf,
=toast^ Home •Co,?Sub'
Gardens Subd, Seot,4,
T.C.R R. Co. Survey; A
673.recorded in Y,pL2,,pg
99, - Braiorla - CO, 'lit
(McHard Road)
M-taidleoringtalf inte!est-
ad parties shall ` ¥bet
right and "or •ta i"to
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
3alveston and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
:irculation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No. I Date - l g 20 b
No Date 20
No. Date 20
No. Date 20
No. Date 20
President
subscribe and sworn to before me this Zo day o
0 01
" 0`� » LAURA A. EMMONS
1 =� 1/401
{yota ptlic , State of Texas
2
issicn
1
�'� mmons,�Ptiblisher
Notary Public, State of Texas
i Published_S.ept._ 19 & Sept.
26, 2001 ,- :
i '
NOTICE OF A JOINT _ •
PUBLIC HEARING,OF THE I
CITY COUNCIL•AND THE 9
PLANNING AND ZONING 1
' COMMISSION OF THE
CITY OF PEARLAND, • '
TEXAS •"
Noticeis hereby given that 1-
bn. the 8th day of October,
2001,,at 6:30 p.m., the City
Council and the Planning!
and 'Zoning 'Commission of
P the ,City of Pearland,
j Brazoria, Harris and Fort.
i Bend Counties, Texas, will
conduct a Joint. Public
Hearing ,in the Council
'Chambers, City Hall,',3519
Liberty Drive, Pearland,
Texas, on the. request of
Wayne Dalcin of Altra Asset
Co.,' Inc., agent for Pleasant
Grove Missionary Baptist
Chtirch and New Bethlehem
Missionary Baptist Church,
owner, for an amendment to
the ',Land Use and Urban
Development Ordinance `of
said City from Classification
Suburban Development;
District (SD) to Multi -Family
Dwelling District (MF) on the
following -described proper
ty, to wit: Tr is 8.7125 ac., out of & pt
of Lot 6, Blk 10; and Tr II:
° 10.2571, ac, out of & pt of,
j• Lot 6 & 7, • Blk 10; both out,
of the Allison Richey Gulf
Coast ..Home Co., Sub
Gardens Subd:, Sect 4,
Co. Survey, A
675, recorded in Vol 2, pg',
99,• Brazoria Co., • TX
(McHard Road).
At said hearing all interest'.
ed parties shall have the',
. right and opportunity .to.
appear and be heard on the,,
subject. •
/s/ Young Lorfing
CitySecretary
1APPLICATION NO. 990
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
RO. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for / •issues, as follows:
No. / Date q -.Z(.., 20 61
No. Date
No. Date `20
No Date 20
No. Date 20
"20
President
Subscribe and sworn to before me this day of '46
)0 01
�1ZV�\" Vl1T't1111^�11�'t1'\1111111•t�
l( '� °" •. LAURA A. EMMONS
-�'�-�� ► public , State of Texas 4
� i� Nota�� _
•Assion - • .2
! _ }
mmons,P'ublisher
Notary Public, State of Texas
- Published Sept. 19 & Sept
26, 2001:
;. NPTICE OF A JOINT
PUBLIC HEARING OF THE,
CITY COUNCIL AND THE ;
PLANNING AND ZONING
COMMISSION OF THE I
CITY OF PEARLAND,
TEXAS . ' .
Notice is hereby given that;
on the 8th day of October,
'_2001—at 6:30 p.m:, the' City.
Council, and the Planning,
_and Zoningtommission .ot;
the' City of`Pearland',
Brazoria, Harris and, Fort
Bend Counties, Texas, will
c nduct _a. Joint -Public'
Hearing- in the Council;
Chambers, City Hall, 3519'
Liberty Drive, Pearland,
Texas, on the request of
Wayne Dalcin of Altra Asset
Co., Inc., agent,for Pleasant
Grove Missionary Baptist
Church and New Bethlehem
Missionary Baptist Church,
owner, for an amendment to
the Land Use and Urban!
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to Multi -Family
Dwelling District (MF) on the
following described proper-
'.ty„to wit:
Tr I: 8.7125 ac., out of & pt
of Lot 6, Bik 10; and Tr II:,
10.2571 ac, out of & pt ofi
Loth & 7, BIk 10; both out!
of the•Allison Richey Gulf
Coast Home. Co.,' Sub`
' Gardens Subd., Sect .4,
T.C.R.R. Co. -Survey, Al
675, recorded in Vol 2, pg
99,. Brazoria Co., TX
(McHard Road)
• At, said hearing all interest-,
ed parties shall have the
right and. opportunity to
appear and be heard on the;
i • subject.'
/s/ Young Lading
City Secretary
APPLICATION N0.990