Ord. 509-603 08-26-02 FailedFAILED 8/26/02
ORDINANCE NO. 509-603
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 120.134 ACRES OF LAND, BEING
LOTS 4 & 7 OF SECTION 14, H.T. & B. R.R. COMPANY SURVEY, A-538,
BRAZORIA COUNTY, TEXAS, R.B. LYLE ASSIGNEE, ACCORDING TO THE
PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1034) (BROADWAY STREET AT CR
48) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING
DISTRICT (RE) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE
REQUEST OF JAMES JOHNSON, AGENT FOR JOHN B. BRIGGS AND
MEREDITH BRIGGS LEBLANC, 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, James Johnson, agent for John B. Briggs and Meredith Briggs LeBlanc,
Owners, filed on February 22, 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 12th of August, 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 13th day of August, 2002, the Planning and Zoning Commission
1
ORDINANCE NO. 509-603
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, James Johnson, agent for John B. Briggs and
Meredith Briggs LeBlanc, Owners, whereby the Commission recommended to deny a
change of classification for the property described in Exhibit "A" from its existing
classification of Estate Lot Single Family Dwelling District (RE) to Single Family Dwelling
District (R-2) 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 August 26, 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 James Johnson, agent for John B. Briggs and Meredith Briggs LeBlanc,
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:
I .
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Estate Lot Single Family Dwelling District
(RE) is hereby for all purposes changed and reclassified as Single Family Dwelling District
(R-2); such property being more particularly described as:
2
ORDINANCE NO. 509-603
120.134 acres of land, being Lots 4 & 7 of Section 14, H.T. & B. R.R. Company
survey, A-538, Brazoria County, Texas, R.B. Lyle Assignee, according to the plat
recorded in Volume 2, Page 98, plat records of Brazoria County, Texas
(Broadway Street at CR 48)
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.
3
ORDINANCE NO. 509-603
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.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-603
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY .OF PEARLAND
.ZONE CHANCE APPLICATION
revised 10/20/01•
Change in Zoning Classification from: SKRE
Change in Regulations in Section #:
Specific Use for: _ •
to: R 2
Property address: 0 CR 92, Pearland, TX
Abstract 538 Lots 4-7 H.T.B.R.R. Survey
Lot Block: Subdivision: Brazoria County
Metes & Bounds Description:
(unplatted property only; attach survey) Survey Attached
Tax ID. number.
Current use of land:
Agricultural
•
Proposed use of land: Single Family Residential Development
Record owner's name: John B. and Meredith Bricrcrs
Owner's mailing address: 584 Magnolia Circle i4S i ? O24
Owner's telephone number 281 J04-4530
Agent's name:
James M. Johnson and/or assigns
Agent's mailing address: 900 Apo116•Lane, Suite C Houston, TX 77058
Agent's telephone number. 281-731-4840 (cell) 281-480-9600 (nffi rn)
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 incompatible with current and future uses on properties in my vicinity.
Owner's signature:.616
.,
Fees paid: $
Received by:
♦
Agents signature:
Date paid:
•Application •nu'rnber.
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Zone Change Application No. 1034
John & Meredith Briggs
CR 92 (Broadway St) c CR 48
(RE-R2)
W E
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
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for l issues, as follows:
No / Date 7- 20 ,D.
No. Date 20
No. Date -20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 0)—
�S
';; 3 LAURA A A. ";.�
�EMM0NS
i Notary Pi b. c 8 zt
..,..t_ of Tcxas 3
rroi,�!
+...,..� C.OtilfiiSS:Gn EnN i ca .L'.-S-02 t
m.,
President
day o
aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1034 - 2
Published July 24 & July 31,
2002
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
Notice is hereby given that
on the 12th day of August,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Peariand, Brazoria,
Harris and Fort Bend
Counties, Texas, will eon -
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Peartand, Texas, on the
request of James M.
Johnson, agent for John B.
and Meredith Briggs
LeBlanc, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Estate Lot
Single Family Dwelling
District (R-E) to Single
Family Dwelling District (R-
2) on the following described
property, to wit:
120.134 acres of land, being
Lots 4 & 7 of Section 14,
H.T. & B.R.R. Co. survey, A-
538, Brazoria Co., TX, R.B.
Lyle Assignee, according to
the plat recorded in Volume
2, Page 98, plat records of
Brazoria Co., TX (CR 92 at
CR 48)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1034
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 7-- 3 / 20
No. Date 20
No. Date -20 j.�.
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 O62-
LAURA A . EMMONS
. iNot2ry Pubuc, State of I c-x3_5 e.4
COfijfjjiS$:Gil EXM c3 9-S-02 [t-i
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1034 - 11
Published July 24 & July 31,
2002
IBMBEQF
PUBLIC NEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION `
OF THE CITY OF
PEARLAND, TEXAS
Notice is hereby given that
on the 12th day of August,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of James M.
Johnson, agent for John B.
and Meredith `` Briggs
LeBlanc, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of. said City from
Classification Estate Lot
Single Family Dwelling
District (R-E) to Single
Family Dwelling District (R-
2) on the following described
property, to wit:
120.134 acres of land, being
Lot 4 & 7 of Section 14,
& B.R.R. Co. survey, A-
5* Brazoria Co., TX, R.B.
• LyleAe, according to
in Volume
=iecords of
CRg2
CRi1Bk
At said hearing all rested I
parties shall have the right
and opportunity to appear
and be turd on the subject.
/s/ MonaA n Phipps
Development Coordinator
APPLICATION NO. 1034
August 13, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1034
Request of James Johnson, agent for John B. Briggs and Meredith Briggs LeBlanc, owners for
an amendment to the Land Use and Urban Development Ordinance from classification Estate
Lot Single Family Dwelling District (RE) to Single Family Dwelling District (R-2) on the
following described property, to wit:
120.134 acres of land, being Lots 4 & 7 of Section 14, H.T. & B. R.R. Co. survey, A-538,
Brazoria Co., TX, R.B. Lyle Assignee, according to the plat recorded in Volume 2, Page 98,
plat records of Brazoria Co., TX (Broadway Street @ CR 48)
Honorable Mayor and Council Members:
At a regular meeting held on August 12, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Chairman Todd Iocco made a motion to forward Zoning Application No. 1034 to City Council for
denial with a second made by Vice -Chairman Russ Selemon.
Motion to deny passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: John B. Briggs and Meredith Briggs LeBlanc, 584 Magnolia Circle, Houston, TX 77024.
James Johnson, agent
Page 1 of 1
AFFIDAVIT OF PUBLICATION R p. 1034
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 - 44_2y 20 0�—
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this day of
20O2-
°F ,.,• Commission Expires 9-9-02
1
nn Emmons, Publisher
Public, State Of Texas
Application No. 1034
D
i Published April 24 & May 1,
•"2002---
NOTICE OF A JOINT .
PUBLIC HEARING OF
THE CITY COUNCIL AND.
THE.PLANNING AND I
ZONING COMMISSION j
OF THE CITY OF
PEARLAND,TEXAS. I
Notice is hereby given that
on the 13th day of May,
2002, at 6;30 p.m., the City
Council and, Planning and +
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas,'wiill.con-
_ • duct a joint public hearing in '
the Council Chambers of o
City Hall, 3519 Liberty Drive, +
Pearland, Texas; on the
request of _James Johnson,
agent. for John B. and
Meredith Briggs, owner, for
,an amendment to the; Land
Use and Urban Develop-
ment Ordinance of said City -
from Classification Subur-
ban. Development District
(SD) , to Single :Family
Dwelling District (R-2) on
the following . described
property, to wit:
120.134 acres of land, being
Lots 4 & 7 of Section 14,_H.
T. & B. R. R. Co. Survey, A-
- 538, Brazoria Co., TX, R. B.
; Lyle Assignee, according to
i the plat recorded in 'Volume
2,'Page 98, plat records of
Brazoria Co., TX (CR 92 @
CR 48)
' At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject._
Isi Mona Ann Phipps
Development Coordinator
i APPLICATION NO. 1034
AFFIDAVIT F 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
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:irculation in Brazoria, Harris & Galveston Counties, for 7 issues, saslollows:
No. / . Date S /- .. 20 d=2.
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
abscribe and sworn to before me this
)Oa
A-4 g?-0/9A.,_
President
!aGtFitkc,‘,/
Commission Expires 1'
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1034
•
•
Published April 24 & May 1,
if 2002
NOTICE OF A JOINT
PUBLIC HEARING OF
_THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
- PEARLAND, TEXAS
Notice is hereby given that
on the .13th day of May,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the ,
City of Pearlarid, Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty
Drive, Pearland, Texas, on ,'
the request of James
Johnson, agent for John B.
and Meredith Briggs, owner,
for an amendment to the
Land Use and Urban
Development , Ordinance of
said City from Classification
Subur-ban Development
District (SD) to Single
Family Dwelling District (R-
2) on • the , following
described property, to wit:
120.134 acres of land, being
Lots 4 & 7 of Section 14, H.
T. & B. R. R. Co. Survey, A-
538, Brazoria Co., TX, R. B.
Lyle Assignee, according to
the plat recorded in Volume
2, Page 98, plat records of
Brazoria Co., TX (CR 92
CR 48)
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
APPLICATION NO. 1034