Ord. 509-637 02-24-03ORDINANCE NO. 509-637
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 20 ACRES, ABSTRACT 564, H.T.&
B.R.R. COMPANY SURVEY, TRACT 52-53 (COUNTY ROAD
59)(APPLICATION NO. 1082) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT
THE REQUEST OF JAMES JOHNSON, AGENT, FOR MARY ANN
TIERNEY, 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, James Johnson, Agent, for Mary Ann Tierney, Owner, filed on
December 17, 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 20t" of January, 2003, 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 28th day of January, 2003, 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 Mary Ann Tierney,
1
ORDINANCE NO. 509-637
Owner, whereby the Commission recommended to 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 (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 February 10, 2003, 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 Mary Ann Tierney, 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 (SD) to is
hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1);
such property being more particularly described as:
20 acres, Abstract 564, H.T.& B.R.R. Company Survey, Tract 52-53 (County Road
59)
The City Council of the City of Pearland finds and determines that the recitations in
2
ORDINANCE NO. 509-637
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.
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
3
ORDINANCE NO. 509-637
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 loth day of
February , 2003.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of February , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
(list current zoning)
to:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
1-652-1639
281-652-1702 ax
www.ci.pear an x.us
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
4 bs4rac7:1.114ci 7,e, u r V eY
Subdivision: Lot:5 c.5"3 Block:
Address:
Tax I.D. Number:
0 -(q - 2 7 00()
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
Proposed use of property:
PROPERTY OWNER INFORMATION:
NAME fl2a r f .Unr1 / / e rdoe /
ADDRESS '()() 0 4.
CITY 8,04- SdA STATEPN_ZIP COS 1 7
PHONE( 30 / ) 3(�S^- 0 3 i c
FAX( )
E-MAIL ADDRESS
APPLIC T/AGENT INFORMATION: ll
NAME y✓. S
ADDRESS 900 f-t?(51 t0 in/e
CITY,»15-/».J STATE T'X ZIP) 70,S-3
PHONEOT / ) 73 / - 4' '90
FAX(g/ ) ?q3q
E-MAIL ADDRESS Iawvts ( 824 all; oottepCOM(APtCi,tL
. COsA)()
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: Date:
Agent's Signature: \ \i �-��. ./" Date: 42 - / 3
OFFICE USE ONLY: `' 4 �t
FEES PAID: oL
DATE PAID: ' �" \ � ' o•
RECEIVED BY: �o- APPLICATION NO. /Oga
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Zone Change Application No. 1082
Mary Ann Tierney/James Johnson
County Road 59
(SD - R-1)
January 28, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1082
Request of James Johnson, agent for Mary Ann Tierney, owner for an amendment 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:
20 acres, Abstract 564, H.T.& B.R.R. Company Survey, Tract 52-53 (County Road 59)
Honorable Mayor and Council Members:
At a regular meeting held on January 20, 2003 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. 1082 to City
Council for approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Mary Ann Tierney
8000 Springer Road
Bethesda, Maryland 20817
James Johnson
900 Apollo Lane, Suite C
Houston, Texas 77058
Page 1 of 1
7900 West Fuqua
Missouri City, Texas 77489
Page 2 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ite of Texas
izoria and Harris Counties
Candy Emmons, hereby cdrtify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:ulation in Brazoria, Harris & Galveston Counties, for / issues,: as follows:
No. / Date / _ / 20 ° 3
No. Date 20
No Date 20
No. Date 20
No. Date 20
Scribe and sworn to before me this
a3
•
•
•
Laura Ann Emmons, Publisher
7befuGmmon�
lj
President
day of gb
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Public Hearing - Application No. 1082
Published 01/01 & 08/03
Notary Public, State of Texas
Published Jan. 1 & 8, 2003
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 20th day of January,
2003, 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 James Johnson,
agent for Mary Ann. Tierney,
owner, for an amendment 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:
20 acres, Abstract 564, H.T.&
B.R.R. Company Survey,
Tract 52-53 (County Road
59)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is/ Mena Ann Phipps
Development Coordinator
opuctimAtLp.1082
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 7 issues, as follows:
No. / Date / - 20 -P 3
No. Date '20
No. Date
No. Date 20
No. Date 20
Subscribe and sworn
20 0 3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
• '20
&ml
President
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1082
Published 01/01 & 08/03
Published Jan. 1 & 8, 2003
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 20th day of January,
2003, 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 James Johnson,
agent for Mary Ann Tierney,
owner, for an amendment 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:
20 acres, Abstract 564, H.T.&
B.R.R. Company Survey,
Tract 52-53 (County. Road
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. 1082