Ord. 509-593 07-08-02ORDINANCE NO. 509-593
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 8, BLOCK 7, HICKORY CREEK PLACE, H. T. & B. R.R. COMPANY
SURVEY, SECTION 7, A-219, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 11, PAGE 1, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 1042) (O'DAY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R1) AT THE REQUEST OF LYNDA TAYLOR KENNEDY,
AGENT FOR PHILLIP W. & TERRI RUTTER, 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, Lynda Taylor Kennedy, agent for Phillip W. & Terri Rutter, Owner,
filed on May 10, 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 10th of June, 2002, 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 11th day of June, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-593
proposed amendment application by Lynda Taylor Kennedy, agent for Phillip W. & Terri
Rutter, 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 Single Family Dwelling District (R1) 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 June
24, 2002, 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 Lynda Taylor Kennedy, agent for Phillip W. & Terri Rutter, 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:
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 to Single Family Dwelling
District (R1); such property being more particularly described as:
Lot 8, Block 7, Hickory Creek Place, H. T. & B. R.R. Co. Survey, Section 7, A-219,
Brazoria County, Texas, according to the map or plat thereof recorded in Volume 11,
page 1, Brazoria County, Texas (O'Day Road)
2
ORDINANCE NO. 509-593
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. 509-593
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 24 day of
June , 2002.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-593
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
8 day of Jul y , 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY OF PEARLAND
ZONE CHANGE APPLICATIONr
revised 10/20/01 •
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
to!
Property address: 0 ID Prit ie
d
Lot: Block: 7
Subdivision: JC/CC>% C74.47( 1 Z'
Metes & Bounds Description: , �L�
(unplatted property only; attach survey)
Tax I.D. number: 5 Zo 4_ d0 95 .-mod '
Current use of land: OA) //0(i/14)
Proposed use of land: , % 7
Record owner's name: il /P ILA %Kie_i 4T6
Owner's mailing address: / '2/c1 /2• / � /11cip.i 7 774;F f .
Owner's telephone number:
Agent's name: �� 'f,
,y�!�ii2,'
Agent's mailing ilin address: 0 -' j 9 7? �` �- - , 72518
Agent's telephone number: Z'- / �' ��� J 37
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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 re est to allow eside ' I use in a business zone (OP, NS, GB), I acknowledge that such use
may c p ti le rrent and future uses on properties in my vicinity.
i
er's signature:2
Agent's signature: V,,/
Fees paid: $
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Date paid: I0
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Received by: 1�
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,
Application number " "
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Zone Change Application No. 1042
Phillip & Terri Rutter
O'Day Road
(SD-R1)
N
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s
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria'and Harris Counties
1, 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 ./ issues, as follows:
No 7 Date c 2 2 20 oz
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this Z3 day o
20N
LAURA A. E'� �oi4S
�e(ary Public 5tzte or icxus
� P-
Commission Expire 94)_O2
•
aura Ann Emmons, Publisher
Notary Public, State of Texas
Jy
Published May 22 & May 29;
2002 -
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 10th day of June,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearl and, Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Lynda Taylor
Kennedy, agent for Phillip
W. and Terri Rutter, 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.l)
on the following, described.
property, to wit:
Lot 8, Block 7, Hickory
Creek Place, H. & B. R.R.
Co. survey, Section 7, :A-
219, Brazoria Co., Tx,
according to the map or plat
thereof recorded in Vol 11,
pi 1, Brazoria Co., TX
(O'Day Rd)
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
APPLICATION NO. 1042
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 / issues, as follows:
No .1 Date . 2'4 20 42-
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200),
LAU iA A . EMMONS
Not,afy Pt b . , Stf.,f e of i ex -a* r,
Comrnjss!cn Expire C— ;t.
•
6711T1/iW-,
President
day of gi2e,
Notary Public, State of Texas
6
Published May 22 & May 29,
2002
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 10th day of June,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearl and, Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on .the
request of Lynda Taylor
Kennedy, agent for Phillip
W. and Terri Rutter, 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-I)
on the following described
property, to wit:
Lot 8, Block 7, Hickory
Creek Place, H..T.'&B. R.R,
Co. survey, Section 7, A-
219, Brazoria Co., Tx,
according to the map or plat
thereof recorded in Vol 11,
pg 1, Brazoria Co:, TX
(O'Day Rd)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
APPLICATION NO.1042'
June 11, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1042
Request of Lynda Taylor Kennedy, agent for Phillip W. & Terri Rutter, owners for an
amendment to the Land Use and Urban Development Ordinance from classification Suburban
Development District (SD) to Single Family Dwelling District (RI) on the following described
property, to wit:
Lot 8, Block 7, Hickory Creek Place, H. T. & B. R.R. Co. Survey, Section 7, A-219, Brazoria Co.,
TX, according to the map or plat thereof recorded in Volume 11, page 1, Brazoria Co., TX (O'Day
Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 10, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1042 to City
Council for approval. Commissioner Russ Selemon seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
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