Ord. 509-688 02-09-04 WithdrawnWithdrawn by Applicant
Due to McHard Road Alignment
2/9/04
ORDINANCE NO. 509-688
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 1.1183 ACRES, LOT 1, OUT OF TRACT 10 OF
AN UNRECORDED SUBDIVISION OF SECTION 7, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1637 GARDEN
ROAD) (APPLICATION NO. 1143) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF DANNY AND CATHY ROARKE, AGENT FOR
NGUYEN VAN LY, OWNER, 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, Danny and Cathy Roarke, Agent for Nguyen Van Ly, Owner, filed on
December 5, 2003, 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 January, 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 22nd day of January, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
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ORDINANCE NO. 509-688
regarding the proposed amendment application by Danny and Cathy Roarke, Agent for
Nguyen Van Ly, Owner, whereby the Commission recommended to approve a change
of classification for the property described in Exhibit "A" from its existing classification of
Suburban Development District (SD) to Single Family Dwelling District (R-1); 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
February 9, 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 Danny and Cathy Roarke, Agent for Nguyen Van Ly, Owner,
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 Suburban Development District
(SD) is hereby for all purposes changed and reclassified as Single Family Dwelling
District (R-1), such property being more particularly described as:
1.1183 acres, Lot 1, out of Tract 10 of an unrecorded subdivision of Section 7,
H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1637
Garden Road).
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ORDINANCE NO. 509-688
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.
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ORDINANCE NO. 509-688
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
, 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-688
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
NOU 14 2003 13:38 FR CITY OF PEARLAND
281 652 1702 TO 971:
Please check one:
APPLICATION FOR
A CHANGE IN ZONING
Y6/.4/
Change in Zoning Classification from: to: P.„6/
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
(list current zoning)
Specific Use Permit Request for : r - -_ t�Tt
(lisI proposed use)
•
410
(list proposed zoning)
Property Information:
Address: R.P11
Subdivision: AS 2 4 WI- VAR :WIPV- e Lot: Block:
Tax I.D. Number: D2..JQ 011 DOT
** For unplatted property, attach a copy of the metes and bounds description"
Current use of property
(type of structures on property):
Proposed use of property:
m..6(11414-x. /-1-/Attc_
PROPERTY OWNER INFORMATION:
NAME 1Jr\jj JC 'n
ADDRESS,.:JA Lt eliTenVari UnY.,
lJ
CITY Peaylanal STATETV ZIP Wit
PHONE(231 ) tOg2 - 025Z
FAX( )
E-MAIL ADDRESS
FAX( ) L- !.f ? l.5' 3
E-MAIL ADDRESS
s 3 gPe,�tefre
ent I herebypetitionsand ` r v 7 7e
PETITION: As owner/agent, the City of �earind 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 1 have
requested the above checked action. I undefstand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
Agent's Signature: �� „ile( 147_ /2
OFFICE USE ONLY: 1
FEES PAID: ) /L5 2
APPLICANT/AGENT INFORMATION:
NAME (0/1h/N A& f O c r
7 ADDRESS /
CITY `� ` STATE e-Zip -,
PHONE( ?1/ ) V i - _ ,
,S'-' g y2.S"--
DATE PAID: 1°215/03
D te: 1 l' o
Date: - 5- 0
RECEIVED BY: // APPLICATION NO. / / 9 3
LOCATION MAP
Zone Change Application No. 1143
Owner: Nguyen Van Ly/Danny and Cathy Roarke
1637 Garden Road
(SD - R1)
N
W+E
s
0 200 400 Feet
I��II
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O.. 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 %: -3l 20 63
No. Date 20
No. Date 20
No. Date 20
No. Date 20
•.••'•-err.Sib ar•...a..•••••i•..♦...
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Subscribe and sworn to before me this
20 03
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission. Expires 09-09-2006
ijp. _ n
day of AL
Laura Ann Emmons,Publisher
Notary Public, State of Texas
Published Dec. 31, 2003 &
Jan. 7, 2004
NOTICE OF A JOINT PUB-
LIC HEAlyINO DFk1HE
CITY COUNCIL AND -THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO. 1143
Notice is, hereby given that
on January 19, 2004, at
6:30 p.m., the City Council
and Planning and zoning
Commission of the City of
Peadand, 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 request of
Danny and Cathy Roarke,
applicant for Nguyen Van
Ly, owner, for an amend-
ment to the Land. Use and
Urban Development
Ordinance of said City from
classification Suburban
Development District (SD)
to Single Family Dwelling
District (R-1), on the; follow-
ing described property, to
wit:
1.1183 acres, Lot 1, out of
Tract 10 of an unrecorded
subdivision of Section 7,
H.T. &_B.R.R. Company
Survey, Abstract 219,
N Brazoria County, Texas
(1637 GardenRoad)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject
/s/ Theresa Grahmann
Planner 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 /" 4 7 20 O 9i
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
204 _
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 31, 2003 &
Jan. 7, 2004
NOTICE OF A JOINT PUB-
LIC HEARING OF THE CITY
COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
APPLICATION NO. 1143
Notice is hereby given that on
January 19, 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 request of
Danny and Cathy Roarke,
appticank;for Nguyen Van Ly,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Single Family
Dwelling District (R-1), on the
following described property,
to wit:
1.1183 acres, Lot 1, out of
Tract 10 of an unrecorded
subdivision of Section 7, H.T.
& B.R.R. Company Survey,
Abstract 219, Brazoria
County, Texas (1637 Garden
Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Is/ Theresa Grahmann
Planer)
January 22, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1143
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the
following described property, to wit:
Legal Description: 1.1183 acres, Lot 1, out of Tract 10 of an unrecorded subdivision of Section 7,
H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1637 Garden Road)
At a regular meeting held on January 19, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner David Ransom made a motion to forward Zone Change Application No. 1143 to City
Council for approval with a second made by Commissioner Don Sederdahl.
Motion to approve passed 7-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner: Nguyen Van Ly
3914 Greenwood Drive
Pearland, Texas 77584
Applicant: Danny and Cathy Roarke
12353 Beamer Road Apt. 504
Houston, Texas 77089
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