Ord. 509-645 04-28-03ORDINANCE NO. 509-645
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 LOT 33, WESTCHESTER
ESTATES, BRAZORIA COUNTY, TEXAS (MANVEL ROAD)(APPLICATION
NO. 1083) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO OFFICE PROFESSIONAL DISTRICT (OP) AT THE
REQUEST OF JOHNNY SIMS, AGENT FOR MICHAEL RUDNICKI,
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, Johnny Sims, Agent for Michael Rudnicki, Owner, filed on December
26, 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 24th of March, 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 25th day of March, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Johnny Sims, Agent for Michael Rudnicki, Owner,
1
ORDINANCE NO. 509-645
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 April 14, 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 Johnny Sims, Agent for Michael Rudnicki, 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:
Lot 33, Westchester Estates, Brazoria County, Texas (Manvel Road).
2
ORDINANCE NO. 509-645
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.
3
ORDINANCE NO. 509-645
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 14th day of
Apri 1 , 2003.
c-m-rr�J`7
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
of Apri 1 , 2003.
4
TOM REID
MAYOR
ORDINANCE NO. 509-645
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
CITY OF I'EARLAND
ZONE CIIANCE APPLICATION
revised 3/5/96
XX 'Change in Zoning Classification from: SD
Change in Regulations in Section #:
Specific Use for:
DP
to: g•FrNERAL BUSINESS
Property address:
Lot: 33
Block: I Subdivision: WESTCHESTER
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax E.D. number: 8215-0030-000
Proposed use of land within requested designation:
Record owner's name:
MICHAEL J. RUDNICKI
Owner's mailing address: POST OFFICE BOX 822434
SOUTH FLORIDA, FL.
33082-2434
Owner's telephone number:
954-437-8150
Agent's name:
JOHNNY SIMS
Agent's mailing address:
P}A.WJAND, TEXAS
6516 BROADWAY , SUITE 132 77581
Agent's telephone number:
28.1--4885--60�^.0
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.
Owner's signature:
Fees paid: $
Received by:
Agent's signatur
Date paid:
Application number: ' Qg,3
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400 Feet
Zone Change Application No. 1083
Michael Rudnicki/Johnny Sims
Manvel Road
(SD - OP)
W E
March 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1083
Request of Johnny Sims, agent for Michael Rudnicki, for an amendment to the Land Use and
Urban Development Ordinance of said City from classification Suburban Development District
(SD) to Office Professional (OP), on the following described property, to wit:
Lot 33, Westchester Estates, Brazoria County, Texas (Manvel Road)
Honorable Mayor and Council Members:
At a regular meeting held on March 24, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ray Bacon made a motion to forward Zoning Application No. 1083 to City Council
for approval with a second made by Sheryl Greiner.
Motion to approve passed 4-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Michael J. Rudnicki
P.O. Box 822434
South Florida, Florida 33082-2434
Johnny Sims
6516 Broadway, Suite 132
Pearland, Texas 77581
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
�ulation in Brazoria, Harris & Galveston Counties, for ( issues;: as follows:
No. / Date .3--� 20 03
No. Date 20
No. Date 20
No Date 20
No. Date 20
President
scribe and sworn to before me this �f day of Vikne/
3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1083
Published 03/05 & 12/03 1a'`.
Published March 5 & 12,
2003
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL- AND THE
PLANNING AND ZQ*IING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 24th day of March, 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 conducta joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Johnny 'Sims, agent for
Michael J. Rudnicki owner,
for an amendment: Id 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 prop-
erty, to wit:
Lot33, Westchester Estates,
Brazoria Counfy, Texas
(Marwel 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. HBO
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Late of Texas
razoria 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
-culation in Brazoria, Harris & Galveston Counties, for / issues; as follows:
No. / Date 3-/2- 20121_
No Date 20
No Date 2.0
No. Date 20
No.
Date 20
)scribe and sworn to before me this
/3
LAURA ANN EMMONS
Notary public, State of Texas
Commission Expires 09-09-2006
4du�nm�rr-
President
day of 44.6,4CL
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1083
Published 03/05 & 12/03
Published March 5 & 12,
2003
NOTICE OF A JOINT
PUBLIC HEARING1
CITY COUNCIL AND ThE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 24th day of March, 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 Halt, 3519
Liberty Drive, Pearland,
Texas, on the request of
Johnny Sims, agent for
Michael J. Rudnicki, 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 prop-
erty, to wit:
Lot 33, Westchester Estates,
Brazoria County, Texas
(Manuel 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. 1083
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
�- 2-q
20
No. Date . 20
No.
No.
LAURA ANN EMMONS
Notary:Putilic, State of Texas
Commission Expires 09=09-2006
of,
Published Jan. 29 & Feb. 5,
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 17th day of February,
2003, at 6:30 p.m., the City
Council and Planning and
i 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 Johnny Simms,
agent for Michael J. Rudnicki, ,
owner, for an amendment to
the Land Use and Urban
t Development Ordinance of
said City from Classification
Suburban Development
+• District - (SD) to General
Business District (GB) on the
following described property,
to wit: '
Lot 33, Westchester Estates,
Brazoria Co., TX (Manvel
Road)•
;
At said hearing all interested r
parties shall have the right ,
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
_APP_LICATION. NO.1063
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearlancl, Texas -77581
ate of Texas
azoria 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
culation in Brazoria, Harris & Galveston Counties, for / issues; as follows:
No.
Date ‘,2-r 20 63
No. Date 20
No Date .20
No Date 20
No. Date 20
scribe and sworn to before me this
ZOOS
t
LAURA ANN EMMONS
Notary public, State of Texas
Commission Expires 09-09-2006
gd
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1083
Published 01/29/03 & 02/05/03
1
Published Jan. 29 & Feb. 5,
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 17th day of February,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
•City of Pearland, • Brazoria; s,
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 'Johnny. Simms,
agent for Michael J. Rudnicki, ;
owner; for- an amendment to
the Land Use and Urban
Development Ordinance of
said City from Classification,
Suburban . Development
District (SD) to General
Business District (GB) on the
following described property, '
to wit: .
Lot 33, Westchester Estates, .,r
Brazoria .Co., TX (Manvel
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. 1083