Ord. 509-702 03-08-04ORDINANCE NO. 509-702
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 1.00 ACRES OUT OF AN 11.88 ACRE TRACT
OUT OF TRACT 1-C OF THE W. W. STONE PARTITION OUT OF TRACT 1 OF
THE W. T. DOBSON SURVEY, ABSTRACT 187, BRAZORIA COUNTY, TEXAS
(LOCATED AT 1610 STONE ROAD) (APPLICATION NO. 1148) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF VITOR GRAVE,
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, Vitor Grave, Owner, filed on January 20, 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 16th of February, 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 23`d day of February, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Vitor Grave, Owner, whereby the
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ORDINANCE NO. 509-702
Commission recommended to approve 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 (R-1); 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
March 8, 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 Vitor Grave, 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 Single Family Dwelling
District (R-1), such property being more particularly described as:
1.00 acres out of an 11.88 acre tract out of Tract 1-C of the W. W. Stone Partition
out of Tract 1 of the W. T. Dobson Survey, Abstract 187, Brazoria County, Texas
(Located at 1610 Stone Road).
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ORDINANCE NO. 509-702
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
Ordinance and its amendments thereto, shall be and are preserved for the benefit of the
City.
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ORDINANCE NO. 509-702
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 8th day of
March , 2004.
ATTEST:
NG siR�l .,
Y S r- ETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-702
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
77nd day of March , 2004.
ATTEST:
APPROVED AS TO FORM:
61_
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
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
to:
(list current zoning) (list proposed zoning)
C Specific Use Permit Request for :
(list proposed use)
Property Information:
Address:
1 (b (0
Subdivision: Lot: Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): �''� f
Future/proposed use of property and reason for zone change:Fti"AI Cr
PROPERTYOWNER INFORMATION: APPLICANT INFORMATION:
NAME �� l- L :-) {� �,J ? 4 NAME ,1
ADDRESS I o r c k.-5_, \xi la L c 0114 ADDRESS
CITY i+NI) 0/ T° N STATE Y IP -7 7OO y CITY STATE ZIP
PHONE( 1 ) '4' y '�7 `72.) PHONE( )
FAX( ) FAX( )
E-MAIL ADDRESS 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: Ur Date:- 2-SD
Lf-
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: s ' �� DATE PAID: 4),t'/04/
RECEIVED BY: f.0 APPLICATION NO. / / q
LOCATION MAP
Zone Change Application No. 1148
Owner: Vitor Grave
1610 Stone Road
(SD - R1)
0 200
I1111
N
W+E
S
400 Feet
I
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. % Date Tav 20 �4
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this aq
• •
LAURA ANN EMMONS
•, Notary Public, State of Texas •
•
�E••.•�� Commission Expires 09-09-2006
• •
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Emmons, hereby certify that the notice hereby appended was published
I, Randy newspaper of general
in Brazoria and Harris Counties in THE REPORTER NEWS, a news sues asgeno al
circulation in Brazoria, Harris & Galveston Counties, for
issues,
No. Date 0
No. Date
No. Date
No. Date
No. Date
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
20
20
20
20
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb. 4,
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.1148
Notice is hereby given that on
February 16, 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 Vitor
Grave, owner, for an amend-
ment to the Land Use and
Urban Development
Ordinance of said City from
classification Suburban
Development District (SD) to
Single Family Dwelling District
(R-1), on the following
described property, to wit:
A 1.0000 acre tract of land out
of an 11.88 acre (called) tract
out of Tract 1-C of the W.W.
Stone Partition out of Tract 1
of the W.T. Dobson Survey,
Abstract 187, Brazoria
County, Texas, and being a
portion of the same land
described in deed recorded in
Volume 1408, Page 383 of
the Deed Records of Brazoria
County, Texas, and being
more particularly described as
follows:
BEGINNING at a 1/2 inch iron
rod set in the existing west
right-of-way line of County
Road 561 which bears South
89 degrees 54 minutes 39
seconds east a distance of
810.77 feet and south 00
degrees 24 minutes 53 sec-
onds west a distance of
164.08 feet from a 1/2 inch
iron rod found at the north-
west corner of the 11.88 acre
tract;
THENCE South 00 degrees
24 minutes 53 seconds west
along the existing west right-
of-way line of County Road
561, a distance of 125.12 feet
to a 5/8 inch iron rod found for
a corner;
THENCE North 89 degrees
40 minutes 42 seconds west
a distance of 348.15 feet to a
1/2 inch iron rod set for cor-
ner;
THENCE North 00 degrees
24 minutes 53 seconds east a
distance of 125.12 feet to a
1/2 iron rod set for corner;
THENCE South 89 degrees
40 minutes 42 seconds east a
distance of 348.15 feet to the
PLACE OF BEGINNING and
containing 1.0000 acres of
land, more or less.
(Located at 1610 Stone Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
/s/ Theresa Grahmann
Planner I
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date / Z 17 20 _ea_
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this - day of .1/
••
•
•
• M
•
.n 1 AIIQA ANIU EMMONS
•( Notary Public, State 01 Texas •
Commission Expires 09.09-2008
.......�............ ...
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Legal Notices
Grave; owneri-for an amend -
me it'to the Land Use and
Urban -.development
Ordinance of said City from
classification Suburban
Development District (SD) to
Single Family Dwelling District
(R-1), on the following
described property, to wit:
A 1.0000 acre tractof land out
of an 11.88 acre (called) tract
out of Tract 1-C of the W.W.:
Stone Partition out of Tract 1
of the W.T. Dobson Survey,
Abstract 187, Brazoria
County, Texas, and being a
portion of the same land
described in deed recorded in
Volume 1408, Page 383 of
the Deed Records of Brazoria
County, Texas, and being
more particularly described as
follows:
BEGINNING at a 1/2 inch iron
rod set in the existing, west
right-of-way; line of County
Road 561 which bears South
89 degrees 54 minutes 39
seconds east a distance of
810.77 feet and south 00
degrees 24 minutes 53 sec-
onds west a distance of
164.08 feet from a 1/2 inch
iron rod found at the north-
west corner of the 11.88 acre
tract;
THENCE South 00 degrees
24 minutes seconds. west
1.along the existing' west right-
of -way line, of County Road
561, a distance of 125.12 feet
to a 5/8 inch iron rod found for
a comer;
THENCE North 89 degrees
40 minutes 42 seconds west
a distance of 348.15 feet to:a
1/2 inch iron rod set'for cor-
ner;
THENCE North 00 degrees
24 minutes 53 seconds east a
distance of 125.12 feet to a
1/2 iron rod set for corner;
THENCE South 89 degrees
40 minutes 42 seconds east a
distance of 348.15 feet to the
PLACE OF BEGINNING and
containing 1.0000 acres of
land, more or less.
(Lt'cateddat-1610 Stone Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Published Jan. 28 & Feb. 4,
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.1148
Notice is hereby given that on
February 16, 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 Vitor
/s/ Theresa Grahmann
Planner I
February 23, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1148
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Dwelling District (SD) to Single Family Dwelling District (R-1) on the following
described property, to wit:
Legal Description: 1.00 acres out of an 11.88 acre tract out of Tract 1-C of the W.W. Stone Partition
out of Tract 1 of the W.T. Dobson Survey, Abstract 187, Brazoria County, Texas (Located at 1610 Stone
Road)
At a regular meeting held on February 16, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1148 to Ciiy
Council for approval with a second made by Commissioner David Ransom.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner:
Vitor Grave
10306 Sagewillow
Houston, Texas 77089
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