Ord. 509-719 05-24-05ORDINANCE NO. 509-719
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
HICKORY CREEK PLACE, LOT 9, BLOCK 3, BRAZORIA COUNTY,
TEXAS (LOCATED AT 2106 O'DAY ROAD) (APPLICATION NO. 1155)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF DON AND
MARGARETTE CHASTEEN, 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, Don and Margarette Chasteen, Owner, filed on February 16, 2004,
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 April, 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 27th day of April, 2004, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Don and Margarette Chasteen, Owner, whereby
the Commission's recommendation to approve a change of classification for the
property described in Exhibit "A" from its existing classification of Suburban
1
ORDINANCE NO. 509-719
Development District (SD) to Commercial District (C); 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 May 10, 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 Don and Margarette Chasteen, 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 Commercial District (C),
such property being more particularly described as:
Hickory Creek Place, Lot 9, Block 3, Brazoria County, Texas (Located at 2106
O'Day Road).
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.
2
ORDINANCE NO. 509-719
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. 509-719
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
May , 2004.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24thday of May , 2004.
ATTEST:
APPROVED AS TO FORM:
04,1„: if 0,4,
DARRIN M. COKER
CITY ATTORNEY
/71012"
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
5] Change in Zoning Classification from: SD to:
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for : L
(list proposed use)
Property Information:
Address: 21 06 0' Day Rd _
Subdivision: Hickory Creek Place Lot: 9 Block: 3
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property Metal bldg. used for office/warehouse
(type of structures on property):,
Future/proposed use of property and reason for zone change:
office/warehouse
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME Don & Margarette Chasteen NAME Don & Margarette
ADDRESS 3419 Monarch Meadow I,n_ ADDRESS 3419 Monarch Meadow Ln.
CITY Pearland STATE Tx ZIP 77581 CITY Pearland STATE TX ZIP77581
PHONE(281 ) 997-7444 PHONE( 281 ) 997-7444
FAX(281 ) 41 2-91 33 FAX(281 ) 41 2-91 33
E-MAIL ADDRESS DCCarri8@PDO. net E-MAIL ADDRESS DCCarri8@PDQ. net
PETITION: As owner/agent, I hereby petition the City of Pearland 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 I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given. - C f
Owner's Signature: Date: 02/1 6/2004
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: '75 cc DATE
DATE PAID: .) - / O -- 0 9-
RECEIVED BY: l��O APPLICATION NO. //55
LOCATION MAP
Zone Change Application No. 1155
Owner: Don and Margarette Chasteen
2106 O'Day Road
(SD - C)
N
W+E
S
0 200 400 Feet
1 1 1 1 1 1
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 3-3/ 20
No. Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this 31 day of&1GX
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO.1155
Notice is hereby given that
on April 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
Don and Margarette
Chasteen, owners, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Commercial
District (C), on the following
described property, to wit:
Hickory Creek Place, Lot 9,
Block 3, Brazoria County,
Texas
(Located at 2106 O'Day
Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner I
fpf.i) J
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 - 7
20
No. Date
20
No. Date
20
No. Date
No. Date
Subscribe and sworn to before me this
20_
•
t�M •••••ff•fff•. •f
LAURA ANN EMMONS
Notary Public,
Commission Expirreste 09 0of 9 20
2006
_ 20
20
day of J/!2c
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 31 & April
7, 2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO. 1155
Notice is hereby given that
on April 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
Don and Margarette
Chasteen, owners, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Commercial
District (C), on the following
described property, to wit:
Hickory Creek Place, Lot 9,
Block 3, Brazoria County,
Texas
(Located at 2106 O'Day
Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner I
April 27, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1155
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 Commercial District (C) on the following described
property, to wit:
Legal Description: Hickory Creek Place, Lot 9, Block 3, Brazoria County, Texas (Located at 2106
O'Day Road)
At a regular meeting held on April 19, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Vice Chairperson Sheryl Greiner made a motion to forward Zone Change Application No. 1155 to City
Council for approval with a second made by Commissioner Neil West.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Cc: Owner: Don and Margarette Chasteen
3419 Monarch Meadow Lane
Pearland, Texas 77581
Page 1 of 1
Young Lorfing, TRMC
City Secretary
(281) 652-1655
Telecopier (281) 652-1719
June 14, 2004
Don and Margarette Chasteen, Owners
3419 Monarch Meadow Lane
Pearland, Texas 77581
Ref: 2106 O'Day Road
Dear Mr. and Mrs. Chasteen:
On May 24, 2004, the City Council voted to approve Ordinance No. 509-719
(Application No. 1155) requesting a change of classification of certain real
property from Suburban Development District (SD) to Commercial District (C).
Enclosed is a copy of Ordinance No. 509-719 for your records.
Sincerely,
ounc Corfing`TRMC
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
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