Ord. 509-649 04-28-03ORDINANCE NO. 509-649
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 1.89 ACRES OUT OF LOT 8,
RICHLAND ACRES, ABSTRACT 509, H.T.& B.R.R. COMPANY SURVEY,
BRAZORIA COUNTY, TEXAS (3549 AUBRELL ROAD) (APPLICATION
NO. 1091) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT
(R-E) AT THE REQUEST OF JAMES SCHLUNTZ, OWNER, PROVIDING
FOR AN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, James Schluntz, 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, James Schluntz, Owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
ORDINANCE NO. 509-649
"A" from its existing classification of Suburban Development District (SD) to Estate Lot
Single Family Dwelling District (R-E); 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 James Schluntz, 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 Estate Lot Single Family Dwelling
District (R-E); such property being more particularly described as:
1.89 acres out of Lot 8, Richland Acres, Abstract 509, H.T.& B.R.R. Company
Survey, Brazoria County, Texas (3549 Aubrell Road).
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
2
ORDINANCE NO. 509-649
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
of the herein above described property.
3
ORDINANCE NO. 509-649
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.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
of Apri 1 , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci. pearland.tx. us
Please check one:
1 Change in Zoning Classification from: 5 to: i
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: fir-- ,09-4i l9 / L (--
Subdivision: J4ot3 on wheel Lot: O Block: 1
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property t
(type of structures on property): ,l 0 0 / 15 f--69E.4j-
t
Proposed use of property: —/ Al 6 E f- 1/L Y
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME n �S7 �/���=/'� - Ll ill / Z-NAME
ADDRESS S �" 6/ /9� i3A L L- ADDRESS
CITYf g IA N t' STATE / '/ r ZIP 7 7 CITY STATE ZIP
PHONE(Z '() 4 g 7 7 Q l PHONE( )
FAX( ) po e f : a 81-6 q -, j 06 g 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. // r
Owner's Signature: a114.� i Date: 2 ` 1 `T 3
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID: '75 ®° DATE PAID: 2
RECEIVED BY: APPLICATION NO. /IN
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Zone Change Application No. 1091
3549 Aubrell
James K. Schluntz
(SD -RE)
N
W E
s
March 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1091
Request of James Schluntz owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to Estate lot
Single Family Dwelling District (R E), on the following described property, to wit:
1.89 acres out of Lot 8, Richland Acres, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria
County, Texas (3549 Aubrell 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. 1091 to City Council
for approval with a second made by Ruby Sandars.
Motion to approve passed 4-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: James K. Schluntz
3549 Aubrell
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
dandy 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'r 20 03
No. Date 20
No Date 20
No. Date 20
No. Date 20
President
scribe and sworn to before me this �� day o
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. 1091
Published 03/05 & 12/03
Published March 5 & 12,
2003
NOTICE OF A JOINT
PUBUC 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, wit conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
James K. Schluntz, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Ciassi i Suburban
Develop
Estate Lot Single Family
Dwelling District. (R-E) on the
following described property,'
to wit:
1.89 acres out of Lot 8,
Richland Acres, Abstract 509,
H.T. & B.R.R. Company
Survey, Brazoria County,
Texas (3549 Aubrell 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.1091
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearlancl, Texas'77581
ate oTexas
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 /2- 20 OS
No. Date 20
No Date 20
No.
No.
Date 20
Date 20
scribe and sworn to before me this
20a y-
/3
LAURA ANN EMMONS
Notary public, State of Texas
Commission Expires 09-09-2006
gd /n1M2---
President
day of � "6"C�
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1091
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, Brazorla, 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 K. Schluntz, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of, said City from
Classification Suburban
Development District (SD) to
Estate Lot Single Family
Dwelling District (R-E) on the
following described property,
to wit:
1.89 acres out of Lot 8,
Richland Acres, Abstract 509,
H.T. & B.R.R. Company
Survey, Brazoria County,
Texas (3549 Aubrell 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. 1091