Ord. 509-710 04-26-04ORDINANCE NO. 509-710
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
6.9 ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 'C'
AND D' OF THE SUBDIVISION OF SECTION 1, A.C.H. & B.R.R. CO.
SURVEY, A — 147 FILED IN VOLUME 2, PAGE 1 BRAZORIA COUNTY
PLAT RECORDS, PEARLAND, BRAZORIA COUNTY, TEXAS AND
BEING OUT OF THOSE TRACTS DESCRIBED IN A DEED AS FILED IN
OFFICIAL RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY
AT CLERK'S FILE NUMBER 98-043412 AND 00-047831 (GENERALLY
LOCATED ON THE NORTH SIDE OF WALNUT STREET, AND ON THE
EAST SIDE OF GALVESTON AVENUE) (APPLICATION NO. 1159)
FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF THE CITY OF
PEARLAND, 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, the City of Pearland, filed on February 23, 2004, 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 day of March, 2004, 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 17th day of March, 2004, the Planning and Zoning
1
ORDINANCE NO. 509-710
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by the City of Pearland, whereby the
Commission recommended to approve a change of classification for the property
described in Exhibit "A" from its existing classification of Multi -Family District (MF) to
General Business District (GB); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application, and recommendation of the
Planning and Zoning Commission, at a Regular Meeting on April 12, 2004; 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 the City of Pearland, 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 Multi -Family District (MF) is hereby
for all purposes changed and reclassified as General Business District (GB), such
property being more particularly described as:
6.9 acres of land, more or less, being out of tracts 'C' and `D' of the subdivision
of section 1, A.C.H. & B.R.R. Co. Survey, A — 147 filed in Volume 2, Page 1
Brazoria County Plat Records, Pearland, Brazoria County, Texas and being out
of those tracts described in a deed as filed in Official Records of Real Property
of Brazoria County at Clerk's File Number 98-043412 and 00-047831
(Generally Located on the North Side of Walnut Street, and on the East Side of
Galveston Avenue).
2
ORDINANCE NO. 509-710
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.
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.
3
ORDINANCE NO. 509-710
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
April , 2004.
TOM REID
MAYOR
ATTEST:
/<41112
07,NG iJT
jr�. =Mr
Y S'!' RETARY�
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of Apri 1 , 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
i� Change in Zoning Classification from: Mi to: C8 " Ce4e/4:
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
al ues&t o.n.dL Wa.l out
Property Information:
Address: See #4e.44d /na, d- '11 es 84,1 ,B®q4d Pe-scr1/074'0,1
Subdivision: Lot: Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): 14.64•-i 7
Future/proposed use of property and reason for zone change:
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME NAME CC /f7 v," 'e.f -/ 1
ADDRESS ADDRESS 3. 7q 4',44, ,- .O/'
CITY STATE ZIP CITY &•r.,/-,J STATE < ZIP 77Sg/
PHONE( ) PHONE( -Ls,/ ) As- 1 - !d ® 0
FAX( ) FAX('2-ei ) elf Z. - /7 0,5—
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: Date:
Agent's Signature: Date:.2 _ 47/X
OFFICE USE ONLY: FEES PAID: DATE PAID:
RECEIVED BY: 1 v' !-1 APPLICATION NO.
Owner:
North of
LOCATION MAP
Zone Change Application No. 1159
United States Post Office, Rebecca Acosta
Applicant: City of Pearland
Walnut Street, and East of Galveston Avenue
(MF - GB)
0 200 400 Feet
11 1 1 I
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 - 45" 20
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20�
•
•
•
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
016.
day of /tOi
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Feb. 25 & March -
3, 2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PE BLAND,
TEXAS
APPLICATION NO. 1159
Notice is hereby given that
on March 15, 2004, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the requestof the
City of Pearland, applicant,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Multi -Family District (MF) to
General Business District
(GB), on the following
described property, to wit:
6.9 acres, more or less,
being generally described
as a parcel of land lying
south of the Silver Maples
Apartments on the south
side of Farm Market Road
518, west of Salem Village.
Apartments and Old Alvin
Road, north of Walnut
Street and east of
Galveston Avenue;
All that certain 6.9 acres of
land, more or less, being.out
of tracts 'C' and 'D' of the
subdivision of section 1,
A.C.H. & B. RR Co. Survey,
A — 147 filed in Volume 2,
Page 1 Brazoria County Plat
Records, Pearland, Brazoria
County, Texas and being
out of those certain tracts
described in a deed dated
10-09-1998 from William
Chase, et al, trustees to
United States Postal
Service as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98-043412 and
in a deed dated 11.03.2000
from William Chase, et al, ,
trustee to Rebecca A. '
Acosta, et con as filed in
Official Records of Real
Property of$razoria County
at Clerk's File Number .p0-
047831 and being more par-
ticularly described by metes
and bounds as follows;
•
Commencing at a point
marking the intersection of
the north right-of-way line of
Walnut Street and the east
right-of-way line of
Galveston Avenue; Thence
Northerly-359.9', more or
less, with the east right-of-
way line of said Galveston
Avenue to a point marking
the most westerly south cor-
ner of said United States
Postal Service tract and
said point marking the
POINT OF BEGINNING of
herein described tract;
•
Thence Northerly-189.3',
more or less, with the east
right-of-way line of said
Galveston Avenue and the
west line of said United
States Postal Service Tract
to a point for corner;
Thencelhe following five (5)
courses with, the northerly
line of said United States
Postal Service tract and
said Rebecca A. Acosta, et
contract;
Thence Easterly-154.7',
more or less, with the south
line of that certain tract
described in a deed dated
11-12-2002 from Freddie
Ray Cessac to David Montz,
D.D.S as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 02-059366 to a
point for corner;
Thence Northerly-199.6',
more or less, with the east
line of said David Montz,
D.D.S. tract to a point for
corner;
Thence Easterly-195.0',
more or less, with the
southerly line of that certain
tract described in a deed
dated 02=16-1994'from'Ye
Olde Colony, Inc. to Silver
Maples, LTD as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 94-
006221 to a point for corner;
Thence Southerly-99.7',
more or less, with the most
southerly west line of said
Silver Maples, LTD tract to a
point for corner;
Thence Southerly-139.7',
more or less, to point for
corner;
Thence Southerly-208.0'
with the westerly line of said
Acosta tract as filed in
OfficialRecords-of Real
Property of Brazoria County
at Clerk's File Number 99-
038341 to a point for corner;
Thence Westerly-156.7',
more or less, with the north
right-of-way line of said
Walnut Street to a point for
corner;
Thence Northerly-360.0',
more or less, with the east
line of that certain tract
described in a deed dated
12-04-1980 from William
Chase, et al, Trustees to
Thence Easterly-146.9',
more or less, to a point United States Postal
marking the southwest cor- Service as filed -1n Volume
ner of that certain Tract 3 1544, Page 750 Brazoria
described in a deed dated County Deed Records to a
07-26-2002 from Mickey point for corner;
Owens, et ux to Superstar
Management, LLC as. filed Thence Westerly - 250.0',
in Official Records of Real more or less, with the north
Property of Brazoria County line of said United States
at Clerk's File Number 02- Postal Service tract filed in
046249; Volume 1544, Page 750
Brazoria County Deed
Thence Easterly-345.0', Records and the south line
more or less, with the of said United States Postal
Southerly line of said Tract 3 Service tract as filed in
and the southerly line of that Official Records of Real
certain Tract 1 described in Property of Brazoria County
said Superstar at Clerk's File Number 98-
Management, LLC deed to 043412 to the POINT OF
a point for corner;. BEGINNING of the herein
described tract and contain -
Thence Southerly-302.1', ing 6.9 acre§ of land more
more or less, with the east or less.
line of said Rebecca A.
Acosta, et con tract and the (Generally Located onthe
west line of that called ease- North Side of Walnut Street,
ment estate described in and on the East Side of
said Superstar Galveston Avenue)
' Management, LLC deed to
a point for corner; • At said hearing all interested
parties shall have the right
Thence Westerly-436.4', and opportunity to appear
more or less, with the north and be heard on the sub -
line that certain tract ject.
described in a deed dated
08-13-1999 from Thomas J. /s/ Theresa Grahmann
Grace to Ronnie Acosta, et pl
ux. as filed In Official
Records of Real Property of
Brazoria County at Clerk's
File Number 99-038341 to a
point for comer;
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. I Date 3-3 20 O$
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
1/
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Feb. 25 & March
3, 2004
NOTICE OF. A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO. 1159
Notice is hereby given that
on March 15, 2004, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive; Pearland,
Texas, on tine request of the:
City of Pearland, applicant,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Multi -Family District (MF) to
General Business District
(GB), on the following
described property, to wit:
6.9 acres, more or less,
being generally described
as a parcel of land lying
south of the Silver Maples
Apartments on the south
side of Farm Market Road
518, west of Salem Village
Apartments and Old Alvin
Road, north of Walnut
Street and east of
Galveston Avenue;
All that certain 6.9 acres of
land, more or less, being out
of tracts 'C' and 'D' of the
subdivision of section 1,
A.C.H. & B. •RR Co. Survey,
A - 14Tfiled in Volume 2,
Page 1 Brazoria County Plat
Records, Pearland, Brazoria
County, Texas and being
out of those certain tracts
described in a deed dated
10-09-.1998 from William
Chase, et al, trustees to
United States Postal
Service as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98-043412 and
in a deed dated 11-03-2000
from William Chase, et al,
trustee to Rebecca A.
Acosta, et con as filed in
Official Records of Real
Property 9f Brazoria County
at Clerk's File Number 00-
047831 and being more par-
ticularly described by metes
and bounds as follows;
Commencing at a point
marking the intersection of
the north right-of-way line of
Walnut Street and the east
right-of-way line of
Galveston Avenue; Thence
Northerly-359.9', more or
ess, with the east right-of-
vay line of said Galveston
\venue to a point marking
he most westerly south cor-
ter of said United States
'ostal Service tract and
;aid point marking the
'DINT OF BEGINNING of
ierein described tract;
Thence Northerly-189.3',
more or less, with the east
right-of-way line of said
Galveston Avenue and the
west line of said United
States Postal Service Tract
to a point for corner;
Thence the following five (5)
courses with the northerly
line of said United States
Postal Service tract and
said Rebecca A. Acosta, et
tract described in a deed
dated 05-27-1997 from Thence Northwesterly -
Janice L. Walker to James 353.0', more or less, with a
Michael Barr, III as filed in line 500' east of and parallel
Official Records of Real to the east right-of-way line
Property of Brazoria County of State Highway Number
at Clerk's File Number 97- 35 to a point for corner;
017888 and the north line of
that certain tract described Thence Northerly-123.4',
in a deed dated 07-10.1991 more or less, with the pro -
from William E. Wolff, et ux jected west line of said
to Edwin<B. Smith as filed in Second Amending Plat of
Official Records of Real Towne Lake Estates,
Property of Brazoria County Section Two to the POINT
at Volume (91) 929, Page OF BEGINNING of herein
211 and the north line of described tract and contain -
that certain tract described ing 63.2 acres of land more
in a deed dated 09-22-1998 or less.
from Curtis B. Hortman, et
ux to Curtis B. Hortman, et
ux, Trustees as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 98-
040639 to a point for corner;
Thence Northwesterly,
156.2', more or less, with a
line 500' east of and parallel jest
to the east right-of-way line
of State Highway Number /s/ Theresa Grahmann
j 35 to a point for comer; Planner I
Thence Northerly - 379.8',
mare or less,; transecting
corner; Brazoria County Deed said Piper Pipe Rentals &
Records to a point for cor- Sales, Inc. tract and contin-
Thence Westerly - 815.8',
more or less, in part with the
north line of that certain
tract described in a deed
dated 04.06.1956 from
George Lieberman to
Quinton Jamison filed in
Volume 651, Page 617
Brazoria County Deed
Records and the north line
of that certain tract
described in a deed dated
11.14.1983`.from John
Alexander, Executor and
Trustee, et al to George
Al.,xander.filed in Volume
1758, Page 18 Brazoria
County Deed Records and
the north line of that certain
tract described in a deed
dated 11-14-1983 from John
Alexander, Executor and
Trustee, •et al to Mary
Alexander Bartlett filed in
Volume 1758, Page 50
ner; uing in part with the west
line of said, Ravenwood
Thence Southerly- 64.9', Section 3, Ltd. tract as filed
more or less, with the west in Official Records of Real
line of said Mary Alexander Property of Brazoria County
Bartlett tract to a point for at Clerk's File Number 02-
corner;
Thence Westerly- 2,334.8',
more or less, transecting
said Ravenwood Section 3,
028656 to a point marking
the northeast comer of that
certain tract described in a
deed dated 05-18-1998
from Ronald R. Leistad, et
Ltd. tract as filed in Official al to U-Stor Mor, Inc. as
Records of Real Property of filed in Official Records of
Brazoria County at Clerk's Real Property of Brazoria
File :Number ,02.037050 and County at Clerk's File
in part along the north line Number 98-019966;
of that certain tract
described in a deed dated Thence Westerly - 207.1',
06.27.2002 from David D. more or less, with the north
Kneeland, et ux to Mac line of said U-Stor Mor, Inc.
West, Inc. as filed inOfficial tract and the southerly line
Records of Real Property of of said R. West
Brazoria CourLty at Clerk's Development Company, Inc.
File Number 02-034193 and tract to a point for corner;
the north line of that certain
(Generally Located on the
West Side of future
Pearland Parkway, and
North of Industrial Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
March 17, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1159
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Multi -Family District (MF) to General Business District (GB) on the following described
property, to wit:
Legal Description: 6.9 acres of land, more or less, being out of tracts 'C' and `D' of the
subdivision of section 1, A.C.H. & B. RR Co. Survey, A — 147 filed in Volume 2, Page 1 Brazoria
County Plat Records, Pearland, Brazoria County, Texas and being out of those tracts described in a
deed as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 98-
043412 and 00-047831 (Generally Located on the North Side of Walnut Street, and on the East Side
of Galveston
At a regular meeting held on March 15, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Vice Chairperson Sheryl Greiner made a motion to forward Zone Change Application No. 1159 to City
Council for approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1