Ord. 509-591 07-22-02ORDINANCE NO. 509-591
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 40 ACRES, BEING ALL OF LOTS 44, 45, 54
AND 55, OUT OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE
98, BRAZORIA COUNTY PLAT RECORDS, SITUATED IN THE J.S. TALMAGE
SURVEY, SECTION 80, A-564, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1037) (CR 59) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R2) AT THE
REQUEST OF JAMES JOHNSON, AGENT FOR FAMILY CARE MEDICAL
CLINIC/ULYSSES WATKINS, JR., M.D., 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; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO
THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
WHEREAS, James Johnson, agent for Family Care Medical Clinic/Ulysses
Watkins, Jr., M.D., Owner, filed on April 11, 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 10th of June, 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
ORDINANCE NO. 509-591
WHEREAS, on the 11th day of June, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by James Johnson, agent for Family Care Medical
Clinic/Ulysses Watkins, Jr., M.D., Owner, 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 Single Family Dwelling
District (R2) 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 June
24, 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 Family Care Medical Clinic/Ulysses
Watkins, Jr., M.D., Owner, 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 Suburban Development District
2
ORDINANCE NO. 509-591
(SD) is hereby for all purposes changed and reclassified as Single Family Dwelling
District (R2); such property being more particularly described as:
40 acres, being all of Lots 44, 45, 54 and 55, out of the Allison Richey Gulf Coast
Home Company Subdivision, according to the plat recorded in Volume 2, page 98,
Brazoria County plat records, situated in the J.S. Talmage Survey, Section 80, A-
564, Brazoria County, Texas (CR 59)
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. 509-591
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.
Declaration of Emergency. The Council finds and determines that the need to
regulate land use inures to the benefit of the public and, therefore, bears directly upon
the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted
as an emergency measure, and that the rule requiring this Ordinance to be read on two
(2) separate occasions be, and the same is hereby waived.
VIII.
This Ordinance shall become effective after its passage and approval on the first
and only reading.
4
ORDINANCE NO. 509-591
PASSED, APPROVED, and ADOPTED on First and Only Reading this 22nd day
of July , 2002.
ATTEST:
UNG
Y SRETAR
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY .OF PEARLANI
' .ZONE CHANGE APPLICATION )
7' revised 10/20/01
x Change in Zoning Classification from: SD to: R-2
Change in Regulations in Section #:
Specific Use for: '' •
Property address: Pearland, TX
Abstract 564
Lot:44, 45, 54, 55 Block,
J.S. TALMAGE Survey
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) Survey Attached
Tax I.D. number:
Current use of land: Vacant •
Pro•osed use of land:Single Family Residential '
Record owner's name: Family Care Medical Clinic/Ulysses Watkins, Jr. M.D.
Owner's mailing address: 14215 S. Post Oak, Houston, TX 77045
Owner's telephone number: 713/433-4536
Agent's name: James M. Johnson
Agent's mailing address: 900 Apollo Lane, Suite C, Houston, TX 77058
Agent's telephone number: 281/731-4840
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.
700717C'G,
Owne signature:
Agent's signature:
,,�,,-.
Fees paid: $
Date paid: 1-1
0-
Received by: 4--4.
'Application•nurnbe • 1 D 517 •
i
City limits
Zone Change Application No. 1037
Family Care Medical Clinic/James Johnson
CR 59
(SD-R2)
W E
June 11, 20/Q
Honorable Mayor and Counc;t1 Members
City Hail
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE C$ANGE
APPLICATION NO. 1037
Request of James Johnson, agent for Valnily Care Medical Clinic/Uiysses Watkins Jr., M.D.,
owners for an amendment to the Land Use and Urban Development Ordinance from
classification Suburban Development District (SD) to Single Family Dwelling District (R2) on
the following described property, to wit:
40 acres, being all of Lots 44, 45, 54 and 55, out of the Allison Richey Gulf Coast Home Co.
Subdivision, according to the plat recorded in Volume 2, page 98, Brazoria Co. plat records, situated
in the J.S. Talmage Survey, Section 80, A-564, Brazoria Co., TX (CR 59)
Honorable Mayor and Council Members:
At a regular meeting held on June 10, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1037 to City
Council for approval. Commissioner Kevin McDonald seconded the motion.
The Commission had concerns regarding traffic and the time frame for the construction of the
overpass on Highway 288.
Motion to approve passed 4 to 0 (1 abstention by Commissioner Kevin McDonald).
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1
AFFHDAVBT F PU
LUCATlON
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. .1 Date ,;' Z - 20 402-
No. Date 20
No. Date 20 .,
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 nA
3d
>'�'"= ' LAURA A A. E- !!��
.ci �. a.iCVitiis
:1_/� , �i �Y�irt
l`1; j <i`'o ry Pubtic, State of i.c--x )7
4
.s.„4 w`'' Commission Expires 9-9-02 iP .
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1037 - 6
Published May 22 & May 29,
2002
NOTICE OF A JOINT -
PUBLIC HEARING OF THE
CITY COUNCIL,AND THE '
PLANNING AND ZONING I
COMMISSION OF THE
CITY OF PEARLAND,-
TEXAS
Notice .is hereby given that
on the 10th day, of June,
2002, at 6: 3 0 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 Ulysses .
Watkins, Jr. MD.; of Family
Care Medical Clinic, owner,
for an amendment to the
Land 'Use and Urban
Development Ordinance of '
said City from Classification
Suburban Development
Dietrict (SD) to Single
Family Dwelling District (R-
2) on the following described
property, to.wit:
40 acres, being all of Lots '
44,45,54 and 55, out of the
-- Allison Richey- Gulf__Coast
Home Co. Subdivision, '
according to the plat record-'
ed in Vol 2, pg 98, Brazoria
plat records, situated in the ,
J.S. Talmage Survey, ,
Section 80; A-564, Brazoria
Co., TX (CR 59)•
-
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. 1037
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
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria, Harris & Galveston Counties, for 7 issues,asfoliows:
No / . Date S: [ - = 20 &Q
No. Date - 20
No. Date 20
No Date 20
No. Date 20
ubscribe and sworn to before me this
may::.:.;.., -; . =v �=•.-,.
^.. g::,.+ax
f Commission F G
_p;res O -9-02 F9
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1037
Puti isl hed ApN 24 CM- 1;
2002
NOTICE OF A JOINT
PUBLIC HEARING OF }
THE CITY COUNCIL AND i
THE PLANNING AND I
ZONING COMMISSION
' OF THE CITY OF
I 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
Zbning Commission of the.
E 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. i
Johnson, agent for Family ,`
" Care Medical Clinic /
Ulysses Watkins Jr., M.D.,
.owner, for an amendment to
the Land Use and Urban
Development Ordinance of,
said City from Classification
Suburban Development Dis- j
trict ,(SD) 10 Single _Family
Dwelling District (R-2) on
the following described
property, to wit: i
40 acres, being all of Lots 1
44, 45, 54 and 55 out of the -
Allison Richey Gulf Coast I
Home Co. Subdivision,
according to the plat record-
1 ed in Volume 2, Page 98,
Brazoria Co., TX, situated in
the J. S. Talmadge Survey,
Section 80, A-564, Brazoria
Co., TX
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject. 1
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1037
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_2y 20 Ion
No. Date - 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this � day of
,..{ LAURA A. Et ... -
�
1 �✓ f+� Notary Public ,State tsca 1'
Commission Expires 9-9-02
I
nn Emmons, Publisher
Public, State Of Texas
Application No. 1037
Published April 24 & May 1,1
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 Pearland, Brazoria,
Harris, and Fort Bend 1
Counties, Texas, will con-
' duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
i• Pearland, Texas, on the
request of ' James M. 4
Johnson, agent for Family
Care Medical Clinic /
Ulysses Watkins Jr., M.D., I
owner, for an amendment to
the Land Use and Urban I
Development Ordinance of
said City from Classification I
Suburban Development Dis-
trict (SD) to Single Family 1
Dwelling -District (R-2) on
1 the following described
property, to wit:
40 acres, being all of Lots i
44, 45, 54 and 55'out of the
Allison Richey Gulf Coast
Home Co. Subdivision,
1• according to the plat record-
ed in Volume 2, Page 98,
' Brazoria Co., TX, situated in l
, the J. S. Talmadge Survey,
• Section 80, A-564, Brazoria
Co., TX
At said hearing all interested
parties shall have the right
and opportunity to appear.
and be heard on the subject.
/s/ Mona Ann Phipps
1Development Coordinator
APPLICATION NO. 1037
AFFIIPNA6T OF PU
111)
LUCAT1 N
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 1 :issues, as follows:
No. / Date 522 20 O2
No. Date 20
No. Date 20
No. Date 20
No. Date -20
Subscribe and sworn to before me this 23 day of
20 t0A
.....„,..,:.
' ;� :a LAURA A. EMMONS7
Y
:) :y�., i':`�E:et-ry PLO ic, Sty+� OT i c:;a.
'* t� `:�* Commission Exp; e 5-9-32
aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1037 - 14
Published May 22 & May 29,
2002 ,
1
NOTICE OF A JOINT
PUBLIC HEARING OF THE 1
CITY COUNCIL AND THE
PLANNING AND ZONING .:
COMMISSION . •
t OF
I PEARLANDTHECITYTEOFXAS
f_
Nonce is hereby given that I
on the 10th day of June,
2002, at 6: 3 0 p. m., the City
j Council and Planning and
I. Zoning Commission of the
I City of Pearland, Brazoria, ;
j Harris and Fort Bend I
1.Counties, Texas, will con- l
t duct a joint public hearing in I
I the Council Chambers of
t City Hall, 3519 Liberty Drive, ;
Pearland, -Texas, on - the '
ti request of . James M.
Johnson, agent for Ulysses ,
- = Watkiris;,Jr MD. ,- _of :Family !
Care Medical Climc, owner, i
1 for .an amendment to the
1,Land Use and, Urban i
I Development' Ordinance of
said City from Classification
-Suburban Development
! .District . (SD) to .Single
Family Dwelling District (R-
i •2) on the following described
property, to wit:
I -
40 acres, being all of Lots
44,45;54-and 55, out of the
i. Allison Richey Gulf Coast
Home Co. Subdivision,
1 - according to the plat record-
t. ed in Vol-2, pg 98, Brazoria
plat records, situated in the
J.S. Talmage. • Survey,
1 Section 80, A-564, Brazoria
Co., TX (CA 5.9)
F. At said hearing all interested
I :parties shall have the. right
II and opportunity to appear
P` and be heard on the subject.
c Isl Mona Ann Phipps
Development Coordinator
, ;
APPLICATION NO.1037
AFHH `I AV1T F PUB UCATh N
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 20 oZ.
No. Date 20
No Date . 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this 23 day of
20 0A
��A♦OVfy
� r,�LAURA A . EMMONS
b� 1 Notary Pubic, State of 1 eka,
'*�.; ., ; Commission ExN rez 943-02
s3 aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1039 - 14
J
r
and be heard on the subject.
Published May 22 & M& 9
j- 2002 - -
I NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE .i
1 CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 10th day of June,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearl and, Brazoria,
Harris ; and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
i City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Paul Brent
Durrett," owner, for an
amendment to the Land Use
and Urban Development
+j Ordinance of said City from
Classification Suburban
; Development District (SD) to
Commercial District (C), on
I the. following described
i property, to, wit:
/ 8.842 acres, H. T. & B. R.R.
Co. survey, A-243, Brazoria
Co., TX, being a portion of '
.Lot 8, Section 19, Allison
Richey Gulf Coast Home
Co. Subdivision, as record-
ed on a map or plat in Vol 2,
pg 23, Brazoria Co. map
records, Brazoria Co., TX
(1115 Cullen Blvd)
At said hearing all interested /
parties shall have the- right 1 —
and opportunity to appear
is/MonaAnn P�iipps `
` Development -Coordinator
APPLICATION"NO,1039