Ord. 509-658 05-12-03ORDINANCE NO. 509-658
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 5 ACRES, BEING THE SOUTH'/
LOT OR TRACT NO. 36, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY
SURVEY, A-243, BRAZORIA COUNTY, TEXAS (ADAMO LANE)
(APPLICATION NO. 1101) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF MICHAEL V.
JENKINS, 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, Michael V. Jenkins, Owner, filed on March 26, 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 21st of April, 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 29th day of April, 2003, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Michael V. Jenkins, Owner, whereby the Commission
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ORDINANCE NO. 509-658
recommended and approved a change of classification for the property described in Exhibit
"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 May 12, 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 Michael V. Jenkins, 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:
5 acres, being the South'% lot or Tract No. 36, Allison Richey Gulf Coast Company
Subdivision, Section 19, H.T. & B.R.R. Company Survey, A-243, Brazoria County,
Texas (Adamo Lane).
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
2
ORDINANCE NO. 509-658
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.
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.
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ORDINANCE NO. 509-658
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
May , 2003.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day
of May , 2003.
ATTEST:
,TRMC
TY SEC' ' TARY
APPROVED AS TO FORM:
ak
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
April 29, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1101
Request of Michael Jenkins 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:
5 acres, being the South'h lot or Tract No. 36, Allison Richey Gulf Coast Home Co. Subdivision,
Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Adamo Lane)
Honorable Mayor and Council Members:
At a regular meeting held on April 28, 2003 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. 1101 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: Michael V. Jenkins
12718 Panay Drive
Houston, TX 77048-4128
Page 1 of 1
City of Pearland
Community Development
3519 Liberty Drive
as 77581
APPLICATION FOR Pearland,281652-1639
2A CHANGE IN ZONING www.ci pearl nd tic us
Please check one:
Change in Zoning Classification from:
Sb to: RE
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: ,1
Address: L/t) /"lO ^-���L✓
Subdivision: Lot: Block:
Tax I.D. Number.
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property AaRztot_,--i-LAR6 of structures on ro : �0 STR1JckRES 0/UJ�DAR'T1/
(typeproperty):
Proposed use of property:a/t r/ i-/i GP/(t_Aie goO0
PROPERTY OWNER
MOM
INFORMATION: �/
NAME ML-�-/IA EI--/� V . JEN KT/us NAME S, WET As �l�GPe=�-%(� 0t-%/E
ADDRESSj/c2 it / S PAiJ'4/ AR • , / `/ ADDRESS /
CITY /-/QO.S TOA/ STATE Y . ZIP 77oils"7f8 CITY
PHONE( 7/3 ) 7 if W 1/9 6 °t'' PHONE( )
FAX( 7/3 ) 30br /a-/G i. FAX( )
E-MAIL ADDRESS M yI-0!L Q 1/1/ `• /VET E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION:
STATE ZIP
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 knot' dge that this is a true description of the property upon which I have
requested the above check ejd tion. I understand tha t am fully responsible for the correctness of the
legal description gi.
Owner's Signature: LeLef Date: aS24902-003
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID: 4 ( 5
RECEIVED BY:
"-VD-
DATE PAID: 3)D.t0(03
APPLICATION NO. ) 0
0 200 400 Feet
III II
Zone Change Application No. 1101
Michael V. Jenkins
Adamo Lane
(SD - RE)
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. / Date 9-� 20 &
No. Date '20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 0-2
(tr)0 iWtki (a i r
President
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09.09.2006
day of -4----/X-Y
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1101
Published 04/02/03
Published April 2, 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 21 st day of April, 2003, at
6:30 p.m., the City Council
and Planning and Zoning
Cortltnission .of ; tt%e City of
Pearland, Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
i public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Michael V. Jenkins, 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 ,(RE)on the
following described property,
to wit:
5 acres, being the South 1/2
lot or Tract No. 36, Allison
Richey Gulf Coast Home Co
Subdivision, Section 19, H. T
& B. R.R. _Co. survey, A-243,
Brazoria= Co., TX (Adamo
Lane)
At said hearing all interested
parties shallhave the right
and opportunity to appear
and be heard on the subject.
Is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1101