Ord. 509-572 04-08-02ORDINANCE NO. 509-572
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 STORAGE AND
MINI -WAREHOUSES, ON THE FOLLOWING PROPERTY, BEING LOT 1,
BLOCK 1 OLD CHOCOLATE BAYOU SUBDIVISION, BRAZORIA COUNTY,
TEXAS (SPECIFIC USE NO. 102) (BROADWAY STREET) FROM
CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT
- SPECIFIC USE (C(S)) AT THE REQUEST OF OSBORNE AND VANE
ARCHITECTS, AGENT FOR JAMES AND DOROTHY MEDEARIS, 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, Osborne and Vane Architects, Agent for James and Dorothy Medearis,
Owners, filed on February 8, 2002, 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 11' of March, 2002, 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 12th day of March, 2002, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Osborne and Vane Architects, Agent for James and Dorothy
Medearis, Owners, whereby the Commission recommended and approved a change of
1
ORDINANCE NO. 509-572
classification for the property described in Exhibit "A" from its existing classification of
Commercial District (C) to Commercial District - Specific Use (C(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 March 25, 2002, 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 Osborne and Vane Architects, Agent for James and Dorothy Medearis, 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 Commercial District (C) to is hereby for all
purposes changed and reclassified as to Commercial District - Specific Use (C(S)); for storage
and mini -warehouses storage such property being more particularly described as:
Lot 1, Block 1 Old Chocolate bayou Subdivision, Brazoria County, Texas (Broadway
Street)
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.
ORDINANCE NO. 509-572
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-572
PASSED, APPROVED, and ADOPTED on First Reading this 25 day of
March ,2002.
04J-
TOM REID
MAYOR
ATTEST:
UNGj/•'' N
Y S CRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8
of April , 2002.
ATTEST:
UNG
Y S " CRETA
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
02/06/2002 13:05 2814122687
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WENDVS1
PAGE 02
CITY OF PEAItLAND
ZONE CHANGE APPLICATION s
revised 10/20/01
Change in Zoning Classification from: to:
Change In Regulations in Section #:
Specific Use for: " STORAGE & MINI -WAREHOUSE
Property address:
Lot: ON IS Block: O '4 Subdivision: ,e34-k' c-1-1-oc
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax ID. number: 466--92-4961
Current use of land:
VACANT
3
Proposed use Of land: STORAGE & MINI -WAREHOUSE
QU
Record owners name: JAMES & DOROTHY MEDEARI S
Owner's mailing address: P - 0 . Box 937
Owner's telephone number: 281-485-1273
•
o,
Pearla.nd, TX 77588 "'
Agent's name: OSBORN & VANE ARCHITECTS ,. INC .
Agent's mailing address: 2000 Bering Dr., Suite 410 Houston,
Agents telephone number: 7 1 3 - 7 61- 5 2 6 2
PETITION: As owner/agent, I hereby petition the City for approval of the above de
provided by the laws of the State of Texas and Ordinances of the City of Pearland.
Permit request to allow a residential use in a business zone (OP, NS, GB), I ckno
be incompatible with current and future uses onzoperties in my vicini
Owner's signature:
Fees paid: $
Received��
gent's sinature:
Oate�sid: -�
Application niib er:
77057
cribed rogue ;t as
`On a Specif c Use
that st eh use
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Specific Use Application No. 102
James & Dorothy Medearis
Osborn & Vane Architects, Inc.
Broadway Street
(C-C(S))
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Specific Use Application No. 102
James & Dorothy Medearis
Osborn & Vane Architects, Inc.
Broadway Street
(C-C(S))
N
s
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
circulation in Brazoria, Harris & Galveston Counties, for ( issues,>asfollows:
No. Date _ =20 20 . D Z
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
i/`
ice4
President
Subscribe and sworn to before me this day of
)0 j2
•'ct rrFu t:c Et
Commission
Expres 9-3-02
E
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Specific Use Permit No. 102
• Published Feb. 20 & Feb. 27,
12002
, NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL. AND. THE
a PLANNING AND ZONING
COMMISSION OF THE
t CITY OF PEARLAND,
TEXAS
;, Notice is hereby, given that on
the 11th day of March, 2002,
at 6:30'p.m„ the City Council
and thePlanning and biting
Commission of the. City of
Pearland, Brazoria, Harris
and : Fort send Counties,.
Texas, will conduct a Joint
Public Hearing in the Council
Chambers, City Hall, 3519.
Liberty Drive, Pearland,
Texas, on the request of
Osborn & Vane Architects,
Inc., agent for James and
Dorothy Medearis, owner, for
a Speclbt.lse: Permit. for stor-
age and mini -warehouse on
the following described prop-
erty, to wit
Lot 1, Block 1, Oki Chocolate
• Bayou Subdivision, Brazoria
• Co., TX (Broadway Street)
• At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
. /s/ Mona Ann Phipps
Development Coordinator .`
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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, Harris & Galveston Counties, for 1 issues, asfollows:
No / Date ) ^arl 20 D 2-
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
subscribe and sworn to before me this
4 g)-1/no;,...._
President
day of Or--‘
LAURA A . Laura Ann Emmons, Publisher
1 Notary Public, State C
C. ri ; 5?fin E CP"ES 9_9-0z cj Notary Public, State of Texas
.11
Specific Use Permit No. 102
'; Published Feb, 20 & Feb. 27,
2002
',NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
d OF PEARLAND,
TEXAS
kl
Nice is hereby given that on.
they 1l th day of March, 2002,
at 0 30 p.m., the City Council
he Planning and Zoning
Co mission'' of the City of
Pe and, Brazoria, Harris
and'Fort Bend Counties,
Texas, will conduct a Joint
Pu,Nc Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Osborn & Vane Architects,
Inc., agent for James and
Dorothy Medearis, owner, for
a Specific Use Permit for stor-
age and mini -warehouse on
the following described prop-
erty, to wit:
Lot 1, Block 1, Old Chocolate
Bayou Subdivision, Brazoria
Co., TX (Broadway Street)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
SPECIFIC'.il1SE PERMIT
APPLICAMON NO. 102
March 12, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 102
Request of Osborne and Vane Architects, agent for James and Dorothy Medearis, owners for
an amendment to the Land Use and Urban Development Ordinance from classification
Commercial District (C) to Commercial District — Specific Use (C(S)) for storage and mini -
warehouses on the following described property, to wit:
Lot 1, Block 1, Old Chocolate Bayou Subdivision, Brazoria Co., TX (Broadway Street)
Honorable Mayor and Council Members:
At a regular meeting held on March 11, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Don Sederdahl to forward Specific Use Application No.
102 to City Council for approval with a second made by Vice -Chairman Donald Glenn.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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