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Ord. 509-558 01-14-02 FailedFAILED 1/14/2002 ORDINANCE NO. 509-558 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 4.965 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-240, OUT OF LOTS 76 AND 77, FIGLAND ORCHARD SUBDIVISION NO. 1, AS RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1010) (2942 WAGONTRAIL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF C.K. STEPHENSON, AGENT FOR MARIA DE VIVEIROS AND EVANGELOS GOLFIS, 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, C.K. Stephenson, agent for Maria De Viveiros and Evangelos Golfis, Owners, filed on September 28, 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 19th of November, 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 1 ORDINANCE NO. 509-558 WHEREAS, on the 20th day of November, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, C.K. Stephenson, agent for Maria De Viveiros and Evangelos Golfis, 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 General Business District (GB); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and the recommendation of the Planning and Zoning Commission, at a regular meeting on December 10, 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 C.K. Stephenson, agent for Maria De Viveiros and Evangelos Golfis, 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: 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 General Business District (GB); such property being more particularly described as: 2 ORDINANCE NO. 509-558 4.965 acres, H. T. & B. R.R. Company Survey, A-240, out of Lots 76 and 77, Figland Orchard Subdivision No. 1, as recorded in Volume 3, page 77, Brazoria County Plat Records, Brazoria County, Texas (2942 Wagontrail Road) IL 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. 509-558 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. ATTEST: YOUNG LORFING CITY SECRETARY 4 TOM REID MAYOR ORDINANCE NO. 509-558 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 5 TOM REID MAYOR ti CITY OF PEARLAND ZONE CHANGE APPLICATION revised 5/9/00 X Change in Zoning Classification from: q„hi,rhan devel cgent to • general business Change in Regulations in Section #: Specific Use for: * Property address: 2942 Wagontrail Road Lot: 76 Block: 76 & 77 Subdivision: Figland Orchard subdivision //1 Metes & Bounds Description: (unplatted property only; attach survey) see attached Tax I.D. number: 030-76-3622 Current use of land: unused Proposed use of land within requested designation: constrcut computer warehouse Record owner's name. Maria De Viveiros and Evangelos Golfis Owner's mailing address: 2431 Laura Lane Pearland, TX 77581 Owner's telephone number: (281) 997-9973 Agent's name: C . K. Stephenson Agent's mailing address: 7880 San Felipe, Suite 111, Houston, TX 77063 Agent's telephone number: (713) 952-7111 PETITION: As owner/agent, I hereby petition the City provided by the laws of the State of Texas and Ordinances request to allow a residential use in a business zone (OP, incompatible with current and future uses on properti for approval of the above described request as of the City of Pearland. *On a Specific Use Permit NS, GB), I acknowledge that such use may be ' my vicinity. Agent's signature: Owner's signature: 4, jl _ �paid: Fees paid: $ ©N . Date ' 9 K Of I Received by:t %� Application number: (01 0 ZONE CHANGE APPLICATION NO. 1010 Maria De Viveiros & Evangelos Golfis 2942 Wagon Trail Road AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 :ate of Texas -azoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was,:published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general -cutation in Brazoria and Harris Counties, for / issues,Aas:':follows: No. 7 Date . /0. 3/ • 20. No. Date 20 No. Date 20 No. Date 20 No. Date 20 )scribe and sworn to before me this day of APPLICATION No.1010 Published Oct. 31 & Nov. 7, 2001 NOTICE OF A` JOINT PUBLIC HEARING OF THE t7; COUNCIL AND THE PANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 19th day of November, 2001, at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of C. K. Stephenson, agent for Maria De Vivefros and Evangelos Golfis owner, for an amend- ment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General' Business District (GB) on the following described property, to wit: 4.965 acres,' H. T. & B. R.R. Co. survey, A-240, out of Lots 76 & 77 of Figland Orchard Subdivision No. 1, as record- ed in Vol 3, pg77, Brazoria Co. Plat Records : (2942 Wagontrail Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject.. 1s/ Young Lolling City Secretary` APPLICATION NO. f010 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general .;ulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date 11- 20 Of No. Date 20 No. Date 20 No Date 20 No. Date 20 scribe and sworn to before me this of hGt ghth,h_f President day of 720(t) Application No. 1010 Published Oct. 31 & Nov. 7, 2001 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OFPEARLAND,TEXAS • Noticis hereby gi e.ven that on the 19th-day of November, 2001, at f 30 p.m. the City `Council tee Planning and Zoning ommi{s`.sion of the Clttr of,P?3arland, Brazoria,'`, Harris,, and fort :Blind • Coins, Texas, will conduct a Joint .Public Hearing in the Council Chaorlbers, City Hall, 3519 Liberty Drive, ;Pearland, Texaa, en the request of C. K. -Stepheaaan, agent for Mai De Vhvites and Evangel Gold, owner, for an amend- ment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District (GB) on the following described property; to wit: 4.965 acres, H. T. & B. R.R. Co. survey, A-240, out of Lots 76 & 77 of Figland Orchard Subdivision No. 1, as record- ed in Vol 3, pg 77, Brazoria Co. Plat Records: (2942 Wagontrall Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. 0141 November 20, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1010 Request by C. K. Stephenson, agent for Maria De Viveiros and Evangelos Golfis, owners for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to General Business District (GB) for a on the following described property, to wit: 4.965 acres, H. T. & B. R.R. Co. survey, A-240, out of Lots 76 and 77, Figland Orchard Subdivision No. 1, as recorded in Volume 3, pg 77, Brazoria Co. Plat Records, Brazoria Co., TX (2942 Wagontrail Road) Honorable Mayor and Council Members: At a regular meeting held on November 19, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Robert Scherrer to forward Zoning Application No. 1010 to City Council for denial with a second made by Commissioner Russ Selemon. Commissioner Selemon showed concerns about the property turning into a dump for old computers. Motion to deny passed 4 to 1. Voting Record Voting "Aye" — Commissioners Sederdahl, McDonald, Selemon and Scherrer. Voting "No" — Chairman Viktorin. This is submitted for your consideration. Sincerely, H. Charles Viktorin, Chairman Planning & Zoning Commission LESS, BEING GENERALLY LOCATED IN SECTION 18, H. T. & B. R.R. COMPANY SURVEY, OR GEORGE C. SMITH SURVEY, A-547, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1003) (TRACT 3 - MANVEL ROAD @ BAILEY ROAD) AS CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (RE), 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. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 509-547 (Application No. 1003) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1003. City Manager, Bill Eisen, stated this is a 76-acre tract of land that is on the northwest corner of Manvel Road and Bailey Road. This property was recently annexed into the City and was finalized in November 2001. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-558 - 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 4.965 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-240, OUT OF LOTS 76 AND 77, FIGLAND ORCHARD SUBDIVISION NO. 1, AS RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, XAS APPLICATION SUBURBAN NO. 1010) (2942 DEVELOPMENT WAGONTRAIL ROAD) FROM CLASSIFICATION DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF C.K. STEPHENSON, AGENT FOR MARIA DE VIVEIROS AND EVANGELOS GOLFIS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAININGNDOTHERA PROVISIONSSAVINGS CLAUSE, A SEVERABILITY RELATED TO THE SUBJECT. Mr. ETobin Maples, , AN lExecui Executive VE DATE AND OTHER Director of Communjty Services. Page 6 of 19 - 01/14/2002 Mayor Pro-Tem Marcott made the motion, seconded by Councilmember: Owens, to approve Ordinance No. 509-558 (Application No. 1010) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1010.. . . C.K. Stephenson, 7880 San Felipe, addressed Council and stated he represents the owners, Mr. and Mrs. Evangelos Golfis, who are requesting this zone change. He gave a brief overview of the warehouse the owner is proposing to build if granted the zone change. He stated he is in favor of this zone change. and would like Council's consideration. Jeanne Mizell, 6125 Broadway, addressed Council and stated she is a realtor representing the owners of the property, Mr. and Mrs. Golfis, who are requesting this zone change. She would like Council's consideration and is in favor of the zone change to General Business District. Voting "Aye" Councilmember Marcott. Voting "No" Councilmembers Seeger, Wilkins, Owens, and Tetens. Motion Failed 4 to 1. COUNCIL ACTION - RESOLUTION .NO. R2002-2 - .A RESOLUTION OF THE CITY COUNCIL OF THE -CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AUTHORIZING THE ISSUANCE OF $1,640,000 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS, SERIES 2002. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Counci[member Tetens, to approve Resolution No. R2002-2. City Manager, Bill Eisen, stated Municipal Utility District No. 2, which is located outside city limits but within the extraterritorial jurisdiction, is requesting the City's consent to issue approximately $1,600,000 in debt, which requires City Council's approval. Last year a study was done on all the municipal utility districts outside the City. This was a preliminary annexation study and the information received from Municipal Utility District No. 2 is that they anticipate issuing up to $2,900,000 worth of debt. This is well within that figure. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Page 7 of 19 - 01/14/2002