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Ord. 509-573 04-08-02ORDINANCE NO. 509-573 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 1: 57.231 ACRES, BEING ALL OF TRACTS 41, 42, 55, 56, 57 & 58, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 24, BRAZORIA COUNTY, PLAT RECORDS, H. T. & B. R.R. COMPANY SURVEY, SECTION 20, A-506, BRAZORIA COUNTY, TEXAS TRACT 2: 10 ACRES, MORE OF LESS, BEING LOT 12, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS TRACT 3: 20.0737 ACRES, BEING ALL OF LOTS 13, 29 AND THE MOST EASTERLY 80' OF LOT 12, ALLISON RICHEY GULF COAST HOME COMPANY SURVEY, A- 243, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1028) (2426 CULLEN BOULEVARD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GREYSTON BUILDERS, AGENT FOR HOUSTON MEMORIAL GARDENS, 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, Greyston Builders, Agent for Houston Memorial Gardens, Owners, filed on February 2, 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 11th 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 1 ORDINANCE NO. 509-573 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, Greyston Builders, Agent for Houston Memorial Gardens, 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 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 Greyston Builders, Agent for Houston Memorial Gardens, 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 2 ORDINANCE NO. 509-573 hereby for all purposes changed and reclassified as General Business District (GB); such property being more particularly described as: Tract 1: 57.231 acres, being all of tracts 41, 42, 55, 56, 57 & 58, Allison Richey Gulf Coast Home Company Subdivision, as recorded in plat book 2, page 24, Brazoria County, plat records, H. T. & B. R.R. Company Survey, Section 20, A-506, Brazoria County, Texas Tract 2: 10 acres, more of less, being Lot 12, Allison Richey Gulf Coast Home Company Subdivision, Section 19, H. T. & B. R.R. Company Survey, A-243, Brazoria County, Texas, according to the map or plat recorded in Volume 2, page 23, plat records of Brazoria County, Texas Tract 3: 20.0737 acres, being all of Lots 13, 29 and the most easterly 80' of Lot 12, Allison Richey Gulf Coast Home Company Survey, A-243, Brazoria County, Texas (2426 Cullen Boulevard) 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 3 ORDINANCE NO. 509-573 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. 4 ORDINANCE NO. 509-573 PASSED, APPROVED, and ADOPTED on First Reading this 25 day of March , 2002. TM-REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8 day of Apri 1 ATTEST: , 2002. APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 .57,,o7c) rdj TOM REID MAYOR foeffi 6SC 16 6° CITY OF PEARLAND ZONE CHANGE APPLICATION revised 10/20/01 • V Change in Zoning Classification from: .5,0 to: 68 Change in Regulations in Section #: Specific Use for: * • Property address: 2 ((2 6 C v L/ F i'`` 4 Q v L. E v/y Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: I - "7 Lt. -- / 02 7 `5 7 2 4 a Current use of land: C F im E! E Pi` Proposed use of land: 6 F 1Va r ° Record owner's name: AID c) S (D 4/ /" M ffn ©/f / AL G 4,(Vi oS Owner's mailing address: f d.. 4°. a 33 D 3Sa 1-/60s (61,v 7-) 77,233 Owner's telephone number: 2 3 / - ListS 2 2 2 Agent's name: lL l° \ N 6Q / fae s Agent's mailing address: �` Agent's telephone number: c 0 / " (Q 5'' 12 / 3 / PETITION: As owner/agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatibl'w' h current and future uses on properties in my vicinity. Owner's signatu .(''7i Agent's signature: Fees paid: $ (� �" Date paid: Dr S-C Received by: '� �, Application number: t 0 Zone Change Application No. 1028 Houston Memorial Gardens Greystone Builders 2426 Cullen Boulevard (SD -GB) w N s .iiiii,.....a017... „r. ,,....., ",.............. „...,..„ .,....... r 111111 IMMO iiiiiiiiiii summiummoreffi GB um Jam MI t In iplim wail Anowami Al 111111 Illie Bwii: is Ws MAU LI AM , ______IIIININI1 PIL-4° 11-111i 5 IN CI 1 Jima 11 Ill SD .... ...„,,..., „„...... i.L... a, 161, rr Zone Change Application No. 1028 Houston Memorial Gardens Greystone Builders 2426 Cullen Boulevard (SD -GB) W N s 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 ( issues, as1oliows: No. )• Date - =-�-0 20 dL No. Date - 20 No. Date 20 No. Date 20 No. Date 20 4 President subscribe and sworn to before me this day of '0 t),2_ �., _ LAURA J Laura Ann Emmons , Publisher � Lei, � A. �.:�Y�Jr:' ie of Texas 1. :)�) \'ctwry Stz »w,.'�` comr"`sj`on ELF "eS ° 3-02 6Notary Public, State of Texas Application No. 1028 Published Feb 0 &.Fee. 27 2002;., NOTICE OF A OINT PUBLIC HEAR N F THE CITY COMMAND THE PANNING AND ZONING COMMISSION OF THE CITY<OF PEAIII.AND, TEXAS Notice is hereby given tl the 11th daylof.March, f at,6.30 p.m.,the City Co and the Planning and Zoir Commissian of the City e;. Pearland, Brazoria, Harric- 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 Greystone Builders, agent. for Houston Memorial Glens, owner, for an amendmibnt to the Land Use and Urban Development Ordinance Of said City from Classification Suburban Development District (SD) to Gera business District (GBIfoit the fallowing described proty to wit: Tracj I: 5 acres, bei'ng'thr North 1/2 of Got 28, Allisor Richey Gulf Coes Subdivision, Section= 20 H.T&B.R.R. Co. SurveyA• 506, Brazoria Co , TX JI 10 acres, being Lot,% Allison Richey Gulf Home Co. Subdi Section 19,'H.T.& B. Survey, A-243, Braz TX, according t9 the T:- , or plat record in Volume e 23, plat records of ; ria Co., TX; ' • ' . 7:231 acres, being all of is 41, 42, 55, 56, 57 and Afton Richey Gulf Coast Hoe Co: Subdivision, as " d in RJat Book 2, e 24, Brazoria Co. records, located in H.T &,.'Ca. Survey, Section 20, A506, BrazoriaCp. TX; 2SI4737-11elftIV0sing 3 3 al, 29 and part of Lot•t42, Pdlison. Richey Gulf Coast Home Co. Subdivision, Section 19, H.T.& B.R.R. Co, Survey, A•243, Brazoria Co., TX (2426 Cullen Boulevard) Al said hearing all interested parties shall have the right and opportunity to appear and heardsn the subject iaflThone AnnPlnlpps Qevelopment Coordinator APPLICATION NO.1028 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas 3razoria 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 / issues, eslollows: No. / Date .• -.1-1 20. 2/2_=___. . No Date , 20 No. Date 20 No. Date 20 No. Date 20 ;ubscribe and sworn to before me this o 61— President day of Laura Ann Emmons, Publisher ‹Yr1=1:1.Inc'Et=4121 Notary Public, State of Texas • Application No.1028 Published Feb. 20 & Feb. 27, At said hearing all interested 2002 parties shall have the right NOTICE OF A JOINT and; opportunity to appear and PUBLIC HEARING OF THE be heard on the subject. CITY COUNCIL AND THE rcPNNfr�A. _ " PLANNING AND ZONING COMMISSION OF nig CITY .OF-PEARLAN APPLICATION N0.1028 TEXAS -- -- — _ -- Notice is hereby given that on the 11th day of March,,2002, 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 ioint Public Hearing in the Council Chambers, City flail, 3$19 Liberty Drive, Pearland, Texas, on the requesti,of Greystone Builders, agent: Houston Memorial Gatdetts, owner, for an amendtto the Land Use and Urban Development Ordinance said City from ClassilieatiQb Suburban . Developme District (SD)' to Genera Business District (GB) 4n the following described property, to wit: Tract I; 5 acres, being the North 1/2 of Lof 28, Allison Richey Gulf Coast Subdivision,Section 20, H.T&B.R.R. Co. Survey, A- 506, Brazoria Co., TX; lad IL 10 acres, being Lot 12, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H.T.& B.R.R. Co. Survey, A-243, Brazoria Co., TX, according to the map or plat record in. Volume 2, Page 23, plat records of Brazoria Co., TX; Tract III: 57.231 acres, being all of: tracts 41, 42, 55, 56, 57 and 58, Allison Richey Gulf Coast Home Co. Subdivision, as recorded In Plat Book 2, Page 24, Brazoria Co. plat records, Oiled Survey,lSection 20, A 506, BLazarla Co., TX; Tract lV; 20.0737 acres being.lots 13 & 29 nd;part.tt not 12, Alba# ictei� __,oast Hone Section 13. Survey, A•243, Swede CO TX (2426ff.Boulevrard)' March 12, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1028 Request of Greyston Builders, agent for Houston Memorial Gardens, owners for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to General Business District (GB) on the following described property, to wit: Tract 1: 57.231 acres, being all of tracts 41, 42, 55, 56, 57 & 58, Allison Richey Gulf Coast Home Co. subdivision, as recorded in plat book 2, pg 24, Brazoria Co., plat records, H. T. & B. R.R. Co. survey, Section 20, A-506, Brazoria Co., TX Tract 2: 10 acres, more of less, being Lot 12, Allison Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX Tract 3: 20.0737 acres, being all of Lots 13, 29 and the most easterly 80' of Lot 12, Allison Richey Gulf Coast Home Co. survey, A-243, Brazoria Co., TX (2426 Cullen Boulevard) 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 Vice -Chairman Donald Glenn to forward Zoning Application No. 1028 to City Council for approval with a second made by Commission Kevin McDonald. Motion to approve passed 5 to 1. Discussion ensued among the Commission regarding the traffic situation. Voting Record: "Aye" — Chairman Viktorin, Vice -Chairman Glenn, Commissioner's Iocco, McDonald and Sederdahl. "No" — Commissioner Selemon. This is submitted for your consideration. V.k)/f) H. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg Page 1 of 1