Ord. 509-396 02-14-00 FailedORDINANCE NO. 509-396
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 2.5 ACRES OUT OF LOT 13, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R.
CO. SURVEY, A-219, BRAZORIA CO., TEXAS (APPLICATION. NO. 855) (1829
GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
DANIEL & DIANE ESTES, OWNERS, 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, Daniel & Diane Estes, Owners, filed on October 18, 1999, 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 January, 2000, 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 18th day of January, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Daniel & Diane Estes, Owners, 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 Commercial
1
District (C); 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 14, 2000, 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 Daniel & Diane Estes, Owners, 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) to is hereby
for all purposes changed and reclassified as Commercial District (C); such property being
more particularly described as:
2.5 acres out of Lot 13, Allison Richey Gulf Coast Home Co. Subdivision, Section 7,
H.T. & B.R.R. Co. Survey, A-219, Brazoria County, Texas (1829 Garden Road)
I I.
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.
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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.
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ORDINANCE NO. 509-396
PASSED, APPROVED, and ADOPTED on First Reading this day of
2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2000.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
January 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 855
Request of Daniel & Diane Estes, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
2.5 acres out of Lot 13, Allison Richey Gulf Coast Home Co. Subdivision, Section 7, H. T. &
B. R.R. Co. survey, A-219, Brazoria Co., TX, (1829 Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 17, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 855.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Conunission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from: Si) to: C,
Change in Regulations in Section #:
Specific Use for:
Property address: ' a a 9
GarA pio Rd
Lot: ''3 Block:
Allison ► ichey
Subdivision: G_01$ (' rc) o e r FL a Co
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: N
4 Cow, ri, be re i c, f
Cfa'('JS in./ or- r) €y 1-0 SEE. 7 o /VE)r I JQO✓ N-49A 10Y'
Record owner's name: .0 a n t el Es -TES' t %J;e„ t Est
Owner's mailing address: 1,3 a 9 Gv,y_ a ew Ad
Owner's telephone number: a3 )- H eS JD'3
Agent's name:
Agent's mailing address:
Agent's telephone number:
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::,,
/ /Q J
Agent's signature:
Fees paid: $ t
Date paid: 1
b - (g-9q
Received by
number:
Application-`53
I\CD . 0004-q 13
SHARON DRIVE
12
ZONE SD
29
30
0
Z
11
MME
moind
314/1'
ESNs
iF
ZONE SD
28
M-2(281)
IMO RR
BULTER DRIVE
R-1(243)
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
C COMMERCIAL DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
R-1(274)
O1
Ots of Penland Texas
DANIEL a DIME Ewes
ZONECHANGEOE
FROBDTOC
Nv. Mc 155
oa' NW.. 1999
Orn IIpJ.E.B.
Ho1Q:1•_4OO•
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Go RUT
SHEET
Mid Opt TUMIUNSOP 99-8192
OF 1
AFFI trAVT F PU UCATgON
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
', Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;irculation in Brazoria and Harris Counties, for / issues, as follows::
;ubscribe and sworn to .before me this196616 toe. of texai
LMON
Laura Ann Emmons ublisher
iJl:l�!!tt!"� '1iR�:'li'11'ii'bJJ'C;•.
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 i
the loth day of January,'
2000, at 6:30 PM p.m":, the;
City Council and. the Planning.
and Zoning Commission off
the City of Peadand, Brazoria,
Harris :and.' Fort Bend
Counties, Texas, will conduct;
a Joint Public Hearing in the:
Council Chambers, City Hall;'
3519 Liberty Drive, Peadand, i
Texas, on the request of,
Daniel & Diane Estes,, owner;
for arr amendment to the Land
Use and Urban Development!
Ordinance of said City from',
Classification Suburban
Development District (SDYto!
'Commercial District (C) on the I
following described property,
to wit:
2.5• acres out of, Lot 13,-
Allison -Richey Gulf Coast
Home -Co. Subdivision,
Section 7, H. T. & B. R.R. Co.
survey, A-219, Brazoria Co.,
TX (1829 Garden Road) •
At•said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lording
City: Secretary
APPLICATION NO. 855
The Pearland . Reporter News .
2404 South Park
Pearland, Texas 77581
to of Texas
zoria and Harris Counties
sandy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper_. of general
:ulation in Brazoria and Harris Counties, for / issues, as follows:
scribe and sworn to before me this
Laura Ann Emmons, Publisher.
Notary Public, State of Texas
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 January,
2000, at 6:30 PM p.m., the
City Council and the Plarming
and Zoning Commission of
the City of`Pearland, Brazoria,
Harris , and Fort Bend
Counties, Texas, will conduct
a Jo1nt Public Hearing in the
Council Chambers, City Hall, -
3519 Liberty.Drive, Pearland,-
Texas, on -the request of -
Daniel & Diane•Estes, owner,
for an amendment to:the Land
-Use and 'Urban Development
Ordinanceof said City.from ,
Classification Suburban:
Development District (SD) to
Commercial District (C) onithe
following described property,
to wit:
2.5 acres out 'of •Lo13,
Allison -Richey Gulf -Coast
Home Co. Subdivision,
Section 7, H. T. & B. R.R. Co.
survey, A-219, Brazoria
TX (1829 Garden Road) I, -
At said hearing all interested
parties shall have the right
and opportunity to appear and -
be heard on the subject.. .
Young Lorfing
City Secretary
APPLICATION NO. 855