Ord. 2000M-0059 2008-11-24ORDINANCE NO. 2000M-59
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING 1.224 ACRES, OUT OF LOT 47,
FIGLAND ORCHARD SUBDIVISION NUMBER ONE, ACCORDING TO THE PLAT
THEREOF, AS FILED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT
RECORDS, H.T. & B. R.R. CO. SURVEY, ABSTRACT NUMBER 240, AND F.B.
DRAKE SURVEY, ABSTRACT NUMBER 509, PEARLAND, BRAZORIA COUNTY,
TEXAS (5510 MAGNOLIA ROAD), (ZONE CHANGE APPLICATION NO. 2008-17Z),
FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R-E) TO SINGLE-
FAMILY RESIDENTIAL -1 DISTRICT (R-1 ), AT THE REQUEST OF RANDY AND
DEANNA PATRO, APPLICANT AND OWNER, PROVIDING FOR AN AMENDMENT
OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, Randy and Deanna Patro, applicant and owner, filed an application
for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a
change in the zoning district, 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 more graphically depicted in the location map attached hereto and
made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 20th day of October, 2008, 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 hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 20th day of October, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Randy and Deanna Patro, applicant
ORDINANCE NO. 2000M-59
and owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification Single Family
Estate (R-E) to Single Family Residential-1 (R-1), said recommendation attached
hereto and made a part hereof for all purposes as Exhibit "D"; 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 November 10, 2008; 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 Randy and Deanna Patro, applicant and 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:
Section I. The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as Single Family Estate
(R-E) is rezoned to Single Family Residential-1 (R-1 ), such property being more
particularly described as:
1.224 acres, being out of lot 47, Figland Orchard Subdivision Number One,
according to the plat thereof, as filed in Volume 3, Page 77, Brazoria County Plat
Records, H.T. & B. R.R. Co. Survey, Abstract Number 240, and F.B. Drake Survey,
Abstract Number 509, Pearland, Brazoria County, Texas (5510 Magnolia Road).
Section 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
Page 2 of 4
Ord No 2000M-59
ORDINANCE NO. 2000M-59
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.
Section 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.
Section 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.
Section 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.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
Page 3 of 4
Ord No 2000M-59
ORDINANCE NO. 2000M-59
PASSED, APPROVED, and ADOPTED on First Reading this 10t" day of
November, 2008.
TO REID
MAYOR
ATTEST:
,~Q~;P.R~,y~.
~,_ ..o
°~..:
UNG FING R `'-
TY S RETARY `~~`
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24tH
day of November, 2008.
~,
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~,
A.ti..,
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-59
Exhibit "A"
Application
Ordinance No. 2000M-59
ZONE CHANGE APPLICATION Page 1 of 4 Updated May 2008)
City of Peariand
~'- APPLICATION FOR Community Development
' ~~ 3523 Liberty Drive
~" r ` ~ ~` - ~ A CHANGE IN ZONING Pear and, Te ~ i~ss
''~'.~1 ,i~~~ 281-652-1768
281-652-1702 fax
wwH+.cityofpearland.com
Current Zoning District: /f
Proposed Zoning District: ~~
Property Information:
Address or General Location of Property: 5..5"/D ~ ~~ ~~
Tax Account No. ,~-~.3.~~D~,~Q~Q .
Subdivision: ~~T.~'v ~S7~~T,ES Lot: ~ Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME_ ~c~q~-/ ~~eir~ ~~j p
ADDRESS /Ylkr~pf4 ~~
CITY , ~~t/,,.,;/ STATE~,_ZIP_~s'~y
PHONE( Z~) S/j _ yys'
E-MAIL ADDRESS~4f~~,~~ ~ ~c'o/d~a/,~tf
APPLICANT INFORMATION:
NAME___ //T~'r
ADDRESS
CITY STATE ZIP
PHONE(__)
FAX(,
E-MAIL ADDRESS
*Propertty owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of tt~e City of Pearland.
Owner's Sig
Agent's Signature:,
Date: ~-2 ~D8
Date:
-rC10 DATE RECEIPT G
S ~--- PAID: ~~ Z -O $ BYC NUMBER: ~ 1
Anolication No.
~'
_ ~~
Date: September 24, 2008
To: City of Pearland
From: Randy Patro
Subject: Zone Change Application
When the UDC (unified development code) was adopted, our property was
converted from SD (suburban development} to RE (residential estate) without our
knowledge or input.
We would like to change our zoning from RE to R1 (residential one) to match the
surrounding properties and to comply with the City's building requirements.
The use of the property will remain the same.
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Exhibit "B"
Location Map
Ordinance No. 2000M-59
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LOCATION MAP
ZONE CHANGE N0.2008-17Z
5510 MAGNOLIA ROAD
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Exhibit "C"
AFFIDAVIT O F P U B L I Publications
Ordinance No. 2000M-59
The Pearland Reporter News - _
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended. was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. ~ Date - ~~ "~ 20.~~
.. .No. Date 20
No. Date 20
No. Date 20
No. Date 20
O~ i(~1
CFO
Subscribe and sworn to before me this
20~
`~ day of ~~
_}7
i - _ _
~~xi _
~~ura Ann Emmons, Publisher
Notary Public, State of Texas
~e~ ~~~g-e ~PP ~~- aoa~- I~l Z-
Pubibhid October 1,
October 8, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND,TEXAS
ZONE CHANGE
APPLCATION N0. 2008-
172
Notice is hereby given that
on October ` 20, 2008, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
PeariBnd, in Brazoria,
Hams and Fort -Bend
Counties,. Tiase, wiN con-
duct a joir>t-public hearing
in the Cht~a
to ,~ -3523 l,~Nty I'
~[
prive, Peariand at
the request of and
Deanna Patio, a~pACant
and owner, for approval of
a change ~ inning district
' fro-n clasaRt~tion Single
Family Estate District (R-
E) : to Single-Family
~- Residential -1 District (R-
1), on the following
"descxlbed Property, to wit:
1.224 aces, being out of
lot 47, Figland Orchard
Subdivision Number One,
according to the plat there-
of, as filed in Volume 3,
Page 77; Brazoria County
Plat Records, H.T. & B.
R.R. Co..Survey, Abstract
Number ~ 240, and F.B.
Drake "Survey, Abstract
Number_ 509, Peariand,
Brazoria County, Texas
(located on 5510 Magnolia
Road}. A t
said hearing, all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
L.ata KrisFinarao
Plenrwp DNecdor
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in ~~~
THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and
Brazoria Counties, for r issues, as follows:
No. I
No.
No.
No.
No.
Date
Date
Date
/~ _~
20 ~~'
20
20
Date w 20
Date 20
CFO
Subscribe and sworn to before me this day of Q~
20. D ~
Notary Public, State of Texas
Laura Ann Emmons, Publisher
At~~:#oNtia~ cQial~us-~~
SIQN QF: THt;E t OF'`
PEARLAND,TEXAS
ZONE CHANGE
APPLCATION N0: 2008
17Z
Notige is hereby given that
on tlsiopar ~ 2o0t1,.° at
6:30 ~~ Cil~ Coundl
ant€`~,~,d zoaitt~
Cmai~t- ni the clhrr a
Pea{11Nld; „ `tn iarano~a,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in the Community Center,
located at 3523 Uberty
Dive, Peerlarki, Texas, at.
the.request of Bandy and
Deanna Patro;: appNcanE
and owner, fat approval of
a change in zoning district
from classification Single
Family. Estate District (R-
E) , to Single~Family
Residential -1 (R-
1), on the`wing
dsacribed properly; to wih
1..224 acres, beiag,,out of
_ bt 47 F'{~itlrld ;orchard
Subdivision Number One,
t~vW(aAad OoiOiar 1, according to the plat there-
e, 21105 of, as filed in Volume 3,
, Pa~.7~, 8razaia Cot1~y
NQTICE : OF
A J~NT Plllpord#, H.T. ` d~ ~~:
LIC HEAfttN~~ OF R.~t.`tao: Surve1, Abs~ecf:~.
~` ~ Nua~ar 2±14, aad F,E.
~~ ~::wl^?~;
--
Drake° Survey, Abstract
Number;'~0~ Peartend,
Brazoria County, Texas
{looted on b5f t} Ma9noQa
Road). A t
said hearing, all interested
parties shah have tlw fight
and oppord~ni[y th appear
and be heard on the sutr
ject
%>~a wtahf~a-ao
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000M-59
Planrning & Zoning Commission
Recommendation Letter
October 22, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2008-17Z
Honorable Mayor and City Council Members:
At their meeting of October 20, 2008, the Planning and Zoning Commission considered
the following:
A request of Randy and Deanna Patro, applicant and owner, for approval of a
change in zoning district from classification Single Family Estate District (R-E) to
Single-Family Residential -1 District (R-1 ), on the following described property.
LEGAL DESCRIPTION: 1.224 acres, being out of lot 47, Figland Orchard
Subdivision Number One, according to the plat thereof, as filed in Volume 3,
Page 77, Brazoria County Plat Records, H.T. & B. R.R. Co. Survey, Abstract
Number 240, and F.B. Drake Survey, Abstract Number 509, Pearland, Brazoria
County, Texas.
GENERAL LOCATION: 5510 Magnolia Road
Commission Member Charles Gooden, Jr. made a motio
the zone change request, which was seconded by
Capeheart. The motion passed by a vote of 6-0.
Sincerely,
Lata Krishnarao, AICP, Planning Director
On behalf of the Planning and Zoning Commission
n to recommend approval of
Commission Member Ron
Page 1