Ord. 509-609 09-23-02FAILED 9/23/02
ORDINANCE NO. 509-609
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 0.6740 ACRES, OUT OF THE H.T.&
B.R.R. COMPANY SURVEY, A-546, BRAZORIA COUNTY OFFICIAL
RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1062)(3806
HARKEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO OFFICE PROFESSIONAL DISTRICT (OP) AT THE
REQUEST OF BENNIE R. MORGAN, AGENT FOR ELIZABETH M. BAINS,
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, Bennie R. Morgan, agent for Elizabeth M. Bains, Owner, filed on July
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 9th of September, 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 10th day of September, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-609
regarding the proposed amendment application by, Bennie R. Morgan, agent for Elizabeth
M. Bains, 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 Office Professional District (OP) 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 September 23, 2001, 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 Bennie R. Morgan, agent for Elizabeth M. Bains, 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 Office Professional District (OP), such
property being more particularly described as:
0.6740 acres, out of the H.T.& B.R.R. Company Survey, A-546, Brazoria County
Official Records, Brazoria County, Texas (3806 Harkey Road)
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ORDINANCE NO. 509-609
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.
3
ORDINANCE NO. 509-609
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.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2002.
4
TOM REID
MAYOR
ORDINANCE NO. 509-609
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from: S L9 to:
(list current zoning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
to
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 3 8 D 6
Subdivision: Lot:
Tax I.D. Number:
Block:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property ( evc-cc_n/0
(type of structures on property): 5��r�� Srz it ,rf'/( ec G/&/'Z & r` i U*
Proposed use of property: Ay c./
PROPERTY OWNER INFORMATION:
NAME A4 1.'t L I" t vi S
ADDRESS viar-
34-0 2 Wi l Sr, . t
CITY �_p, r 1+ 6,I STATE TA ZIP 77S-rd
PHONE( 2$) ) 997 27� k
FAX( )
E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION:
NAME S E60y(2 / e /70 f
ADDRESS (73 2-S- ,/UL CC CA it) i1d,
CITY C--4 r 414 STATE ZIP )% rl S-c)'
PHO E( .4r) C(c- ? — � S,
FAX( )
E-MAIL ADDRESS
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.
Owner's Signature: a/� X__1,_
Agent's Signature: /
Date: 7/ 3d/OZ
Date:
7r 0- oOL
OFFICE USE ONLY:g(L5
p p
FEES PAID: DATE PAID: sic9Ica
RECEIVED BY: MeAQ'jdv12'PLICATION NO. C��j�
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Low Density Residential uses for the subject property and all of the
surrounding areas. The Comprehensive Plan further indicates that the appropriate zoning
districts for low density residential uses are Estate Lot Single Family Dwelling District (RE)
and Single Family Dwelling Districts R-1 and R-2.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Harkey Road, which is a designated as secondary thoroughfare that is to be widened in
the future as needed. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the surrounding lots on
both sides of Harkey Road are currently zoned as R-1, and other lots remain zoned as
Suburban Development District (SD). Although the Comprehensive Plan recommends
residential uses for the subject property, its frontage on Harkey Road, a secondary
thoroughfare, may not make the property conducive for residential uses. An
office/professional district may be the appropriate district for the subject property given its
location on Harkey Road and its adjacency to residential uses. However, even though the
applicant has indicated that the property is to be utilized for a day care facility if the zoning
change is approved, any use permitted in the office professional district would be permitted
on the subject property if this application is approved as requested.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 16 property owners
within 200 feet of the subject property under consideration. No public comment forms have
been returned.
STAFF RECOMMENDATION: Staff recommends approval of the zone change.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Area Zoning Map
• Property Owner Notification Map
• Property Owner Notification List
Zone Change Application No. 1062
Page 2
0
1
200
400 Feet
I
Zone Change Application No. 1062
Elizabeth M. Bains/Bennie R. Morgan
3806 Harkey Road
(SD - OP)
N
W E
S
September 10, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1062
Request of Bennie R Morgan, agent for Elizabeth M. Bains, owner for an amendment to the
Land Use and Urban Development Ordinance from classification Suburban Development (SD)
to Office Professional District (OP) on the following described property, to wit:
0.6740 acres, out of the H.T.& B.R.R. Company Survey, A-546, Brazoria County Official
Records, Brazoria County, TX (3806 Harkey Road)
Honorable Mayor and Council Members:
At a regular meeting held on September 9, 2002, immediately following a Joint Public Hearing,
the Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1062 to City Council
for approval with a second made by Commissioner Ray Bacon.
Motion to approve failed 2 to 3.
Voting Record:
"Aye" — Commissioner's Bacon and Sandars.
"No" — Chairman Iocco, Vice -Chairman Selemon, and Commissioner Greiner.
Commissioner Russ Selemon made a motion to forward Zoning Application No. 1062 to City
Council for denial with a second made by Chairman Todd Iocco.
Motion to deny passed 3 to 2.
Voting Record:
"Aye" — Chairman Iocco, Vice -Chairman Selemon, and Commissioner Greiner.
"No" — Commissioner's Bacon and Sandars.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Bennie R. Morgan, 17325 McLean Rd, Pearland, TX 77584
Elizabeth M. Bains, 3402 Windsor St, Pearland, TX 77581
Page 1 of 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 newspaperof general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date 8 -28 20 0
No Date 20
No Date 20
No Date 20
No Date 20
Subscribe and sworn to before me this
20 Oa-
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State, of .Texas
Public Hearing - Application No. 1062
Published 8/21&28/02
Published Aug. 21 & Aug.
28, 2002
NOTICEiOF 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 9th 'day of
September, 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 conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Bennie R. Morgan, agent for
Elizabeth M. Bains, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development ,
District (SD) to Office and
Professional District (OP) on ,
the following described
property, to wit:
0.08 acres, out of the
HT&BRR Company Survey,
A-546, as filed in Volume '
(90)788, Page 296, Brazoria ,
County Official Records,
Brazoria County, TX (3806 '
Harkey Road) -
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.1062
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. l Date 8-i( 20 07
No. Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of
Laura Ann Emmons, Publisher
Notary Public,State of Texas
-1 Public Hearing - Application No. 1062
Published 8/21 &28/02
Published Aug. 21 & Aug. :
' 28, 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 9th day of
September, 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 conduct a joint
public hearing in the Council
Chambers of City Hall, 3519 i
Liberty Drive, Pearland,
Texas, on the request of
Bennie R. Morgan, agent for
Elizabeth M. Balris,. owner,
for an amendment to the
Land: Use and Urban
Development: Ordinance of
said City from Classification
Suburban Development
District (SD) to Office and
Professional District (OP) on
the following described
property, to wit:
0.08 acres, out of the
HT&BRR • Company Survey,
A-546; as filed in Volume
(90)788, Page 296, Brazoria.
County Official Records, '
Brazoria County, TX (3806
Harkey Road).
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. 1062