Ord. 509-596 08-12-02ORDINANCE NO. 509-596
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 A TRACT OF LAND OUT OF A
31.606 ACRE TRACT OF THE H. T. & B. R.R. COMPANY SURVEY,
SECTION 11, A-239, BRAZORIA COUNTY, TEXAS (SPECIFIC USE
APPLICATION NO. 110) (4604 WALNUT) FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE FAMILY
DWELLING DISTRICT - SPECIFIC USE (R-2(S)) FOR A DAY CARE AND
IS REQUIRED TO INSTALL A FENCE AROUND ALL OF THE PLAY AREA
AND HAVE AN ALL WEATHER PAVED SURFACE IN ACCORDANCE
WITH THE CITY CODES AT THE REQUEST OF DONNA MOORE, AGENT
FOR DON AND JANELL MOORE, 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, Donna Moore, agent for Don and Janell Moore, Owners, filed on May
30, 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 8th of July, 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 9th day of July, 2002, the Planning and Zoning Commission of
1
ORDINANCE NO. 509-596
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Donna Moore, agent for Don and Janell Moore,
Owners, whereby the Commission recommended and approved a change of classification
for the property described in Exhibit "A" from its existing classification of Single Family
Dwelling District (R-2) to Single Family Dwelling District - Specific Use (R-2(S)) for a day
care and is required to install a fence around all of the play area and have an all weather
paved surface in accordance with the City Codes and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and considered the recommendation of the
Planning and Zoning Commission, at a regular meeting on July 22, 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 Donna Moore, agent for Don and Janell Moore, 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 Single Family Dwelling District (R-2) is
hereby for all purposes changed and reclassified as Single Family Dwelling District -
Specific Use (R-2(S)) for a day care and is required to install a fence around all of the play
2
ORDINANCE NO. 509-596
area and have an all weather paved surface in accordance with the City Codes; such
property being more particularly described as:
Being a tract of land out of a 31.606 acre tract of the H. T. & B. R.R. Company
Survey, Section 11, A-239, Brazoria Country, Texas (4604 Walnut)
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
3
ORDINANCE NO. 509-596
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 22 day of
July , 2002.
ATTEST:
NG
Y SE ' ETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-596
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day
of August , 2002.
ATTEST:
NG
Y SE RETARY
APPROVED AS TO FORM:
6311A,---
- C-Pp-,
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
MAY-30-02 01:06 PM MOORE TYPE
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CITY OF PEARLAND
ZONE CRANGE APPLICATION
_ revised 10/20/01
Change in Zoning Classification from:
Change in Regulations in Section #.
Specific Use for: '_
Property address:
Lot: Bock:
Metes & Bounds Description.'
(unplatted property only; attach suNey)
L Tax ID. number:
Current use of land'
Proposed use of (and:
Record owner's name:
Owner's mailing address
owner's telephone number:
Agent's name: J)2i1jt.O lk6(6-L.
Agent's mailing address: JP10
Subdivision
•
•�. ate: '` 1� \\lam. .-_ '
ji 49( (Ad -
A( Pli7Ek
cit(E12. _214/tii)
Agent's telephone number. o1(—f/-' !
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 rrent and future uses on properties In ny vicinity.
r" r-
'11
Owner's 8i 11atU
Fees paid: $
Received by:
ent's signature:
Date paid:
Application number.
To ' / O PN
41, Ili' v
Specific Use Application No. 110
Don & Janell Moore/Donna Moore
4604 Walnut
(R2-R2(S))
W E
July 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 110
Request of Donna Moore, agent for Don & Janell Moore, owners for an amendment to the
Land Use and Urban Development Ordinance from classification Single Family Dwelling
District (R-2) to Single Family Dwelling District - Specific Use (R-2(S)) for a day care, on the
following described property, to wit:
Being a tract of land out of a 31.606 acre tract of the H. T. & B. R.R. co. survey, Section 11, A-
239, Brazoria Co., TX (4604 Walnut)
Honorable Mayor and Council Members:
At a regular meeting held on July 8, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Specific Use Application No. 110 to City
Council for approval with a second made by Commissioner Don Sederdahl.
Commissioner Robert Scherrer amended the original motion for approval by adding a stipulation that
all play area is required to be fenced. Commissioner Don Sederdahl seconded the motion.
Motion to approve with stipulations passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1
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 / issues, -as follows:
No. / Date 6 -- /1 20
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
ibscribe and sworn to before me this
„yHr�4 f
LAURA A . E MOMS
tNo : State•}
„.0 Commiss on Exp i ea 9-9-02 4j
`3
61?
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 19 & June
26, 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 8th day of July, 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 Donna Moore,
agent for Don and Jarrell
Moore, owners, for a
Specific Use for a daycare in
a Single Family Dwelling
Distract (R•2), on,the'follow-
ing described property, to
wit:
Being a tract of land out of a
31.606 acre tract of, the H. T.
& B. R.R. Co. survey,;
Section 11„A 239, Braz ria
Co TX and being pelt of
the 1 alungswdrth 40
(4604 Walnut)
At said hearing all inters*ds
parties shall have the right
and opportunity to appear:,
and be heard on the subject.
Is/ Mona Ann Phipps
,,Development Coordinator
AP Pr . NO.116
AFLHAVI OF PUBLICATI 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 _ ___ __C' 20 6 --
No Date 20
No. Date -20
No. Date 20
No. Date .20
Subscribe and sworn to before me this 77
20b)
LAURiA A. EMMONS
Not ry F't:b(i;, , State of i c a ,
co.;umiss;,n ExN e,3 9 -02 Iaura Ann Emmons, Publisher
day of
Notary Public, State of Texas
Published June 19 & June
26,2002
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 8th day of July, 2002,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Peadand, 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 Donna Moore,
agent for Don and Janell
Moore, owners, for a
Specific Use for a daycare in
a Single Family Dwelling
District (R-2), on the follow-
ing described pig -petty, to.
wit:
Being a tract of land out of a
31.606 acre tract of the H. T.
& B. R.R. Co. survey,
Section 11, A-239, Brazoria
Co., TX and being part of
the Hollingsworth 40 acres
(4604 Walnut)
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
SPECIFIC