Ord. 509-646 04-28-03ORDINANCE NO. 509-646
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 AND GRANTING A SPECIFIC USE PERMIT FOR A
MANUFACTURED HOUSE TO BE PLACED IN A SUBURBAN DEVELOPMENT
DISTRICT (SD) ON THE FOLLOWING PROPERTY, BEING LOT 3,
DETENBECK AND BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS
(5909 BARDET) (SPECIFIC USE NO. 125) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT
DISTRICT - SPECIFIC USE (SD-(S)) AT THE REQUEST OF WAYNE AND
BERTA HALES, 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, Wayne and Berta Hales, Owner, filed on February 14, 2003, 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, Wayne and Berta Hales, 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 Suburban
1
ORDINANCE NO. 509-646
Development District - Specific Use (SD(S)); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and 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 Wayne and Berta Hales, 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) is hereby
for all purposes changed and reclassified as Suburban Development District - Specific Use
Permit (SD(S)) for a manufactured house to be placed in a Suburban Development District
(SD); such property being more particularly described as:
Lot 3, Detenbeck and Barnhart Subdivision, Brazoria County, Texas (5909 Bardet).
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.
2
ORDINANCE NO. 509-646
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 of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-646
PASSED, APPROVED, and ADOPTED on First Reading thisl4thday of April , 2003.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this28thday of
Apri 1 , 2003.
ATTEST:
Y'1► NG , T M
Y S ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci. pearland.tx.us
fl Change in Zoning Classification from: to:
( (list current zoning) (list proposed zoning)
Specific Use Permit Request for : Pgp act v\ci rflo lot le kor✓ZP.
(list proposed use)
Property Information: Address: 5q (� - t Q
eard
et
Subdivision: Lot: Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property ike
(type of structures on property): - rL° t rte n�
Proposed use of property: ri O101 ILA 1(10MP — Ines I Comte t'C'C_
PROPERTY OWNER INF9RMAT ON: 1 JOJS
APPLICANT/AGENT INFORMATION:
NAME toI've S b@cto ` NAME Y\ aADDR SS O2 r ie: ADDRESS
CITY Pea (far \ STATE ZIP‘r S4 CITY STATE ZIP
PHONE( ag I ) 4 - teocp 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: ,7 ., fl,o/ Date: f ' c'- o
Agent's Signature: i\ I ct Date:
OFFICE USE ONLY:
FEES PAID:
RECEIVED BY: &I t APPLICATION NO. 6 k 1 )5
G
DATE PAID: a- 11f - J 3
1111111111111
Broadway ST
0 200
400 Feet
Specific Use Application No. 125
Wayne and Berta Hales
5909 Bardet
(SD - SD(S))
March 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 125
Request of Wayne and Berta Hales, owner for an amendment to the Land Use and Urban
Development Ordinance of said City for a Specific Use Permit for a manufactured house to be
placed in a Suburban Development District (SD) on the following described property, to wit:
Lot 3, Detenbeck and Barnhart Subdivision, Brazoria County, Texas (5909 Bardet)
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 Ruby Sandars made a motion to forward Specific Use Application No.125 to City
Council for approval with a second made by Commissioner Ray Bacon.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Wayne and Berta Hales
5909 Bardet
Pearland, Texas 77584
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, 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
::.;ulation in Brazoria, Harris & Galveston Counties, for l issues; as follows:
No. / Date 3`-.‘" 2 0.3.
0
No Date 20
No. Date 20
No. Date 20
No. Date 20
scribe and sworn to before me this
1001
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-
09-2006
• ......
Laura Ann Emmons, Publisher
Notary Public, State of Texas
,2c(
President
Joint Public Hearing - Specific Use Application No. 125
Published 03/05 & 12/03
Published March 5 & 12,
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 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 Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Wayne and Berta Hales,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for a Specific Use
Permit for a manufactured
home to be placed in a
Suburban Development
District (SD) on the following
described property, to wit:
Lot 3, Detenbeck and
Barnhart Subdivision,
Brazoria County, Texas (5909
Bardet)
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 USE PERMIT
APPLICATION NO, 125
200 2-
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearlandl, Texas 77581
ate o- Texas
azoria and Harris Counties
dandy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
3ulation in Brazoria, Harris & Galveston Counties, for / issues; as follows:
No. / Date 3-/2_ 20 O?
No. Date 20
No. Date 20
No. Date 20
No. Date 20
A/nap--
President
scribe and sworn to before me this 13 day of C� C/-
,.nr... ..•••••........ .
LAURA ANN EMMONS
Notary public, State of Texas -
Commission Expires 0909-2006
................
...,..•.•
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Specific Use Application No. 125
Published 03/05 & 12/03
Published March 5 & 12,
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 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 Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Wayne and Berta Hales,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for a Specific Use
Permit for a manufactured
home to be placed in a
Suburban Development
Distrjct (SD) on the following
described property, to wit:
Lot 3, Detenbeck and
Barnhart Subdivision,
Brazoria County,; Texas (5909
Bardet)
Atsaid hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
SPECIFIC USE PERMIT
APPLICATION NO. 125