Ord. 509-657 05-12-03ORDINANCE NO. 509-657
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 36, BLOCK 1,
SOMERSETSHIRE ESTATES, H. T. & B. R.R. COMPANY SURVEY, A-304,
BRAZORIA COUNTY, TEXAS (9805 EXCALIBUR'S COURT)
(APPLICATION
BAN
1099) DEVELOPMENT DISTRICT (SD) TO CLASSIFICATION
CFAMI Y DWELLINGR
DISTRICT (R-1) AT THE REQUEST OF DAVID A. AND DIANN R.
GARDONI, 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, David A. and Diann R. Gardoni, Owners, filed on March 24, 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
1
ORDINANCE NO. 509-657
proposed amendment application by, David A. and Diann R. Gardoni, Owners, whereby
the Commission recommended to 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 (R-1); 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 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 David A. and Diann R. Gardoni, 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:
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 Single Family Dwelling District (R-1);
such property being more particularly described as:
Lot 36, Block 1, Somersetshire Estates, H. T. & B. R.R. Company Survey, A-304,
Brazoria County, Texas (9805 Excalibur's Court).
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
2
ORDINANCE NO. 509-657
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.
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
3
ORDINANCE NO. 509-657
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 12th day of
May , 2003.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day
of May , 2003.
ATTEST:
APPROVED AS TO FORM:
4
TOM REID
MAYOR
ORDINANCE NO. 509-657
DARRIN M. COKER
CITY ATTORNEY
5
April 29, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1099
Request of David & Diann Garfoni 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-1), on the following described property, to wit:
Lot 36, Block 1, Somersetshire Estates, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX (9805
Excalibur's Court)
David A. & Diann R. Gardoni
9805 Excalibur's Court
Pearland, TX 77581
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. 1099 to City
Council for approval with a second made by Ray Bacon.
Motion to approve passed 4-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: David A. & Diann R. Gardoni
9805 Excalibur's Court
Pearland, TX 77581
Page 1 of 1
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:
Change inClassification from: to:
[✓� Zoning n g
(list current zoning) (list proposed zoning)
El Specific Use Permit Request for :
(list proposed use)
Property Information:
2O Address: � U (/� C.'� i��Pl�-' � e 5J
Subdivision: Ol it AA 2"/ h � 42 - G ot: 3A Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property / } �� /� l co 'n
(type of structures on property): V r \
Proposed use of property: AO ME,
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME (fiv') 9 A 'tie,., 4J .r✓'A) k 4,0-, NAME
ADDRESS! -Y( UtiA &L/l; e j ADDRESS
/J
CITY Y STATE- ZIP CITY STATE ZIP
PHONE( % ) 6Q1 % OZ-! PHONE( )
FAX( 1.2,i ) g17 to-Z." ' FAX( )
E-MAIL ADDRESS C: C+ .A- elo,,,- i ,v) „eve-4— E-MAIL ADDRESS
PETITION: As owner/agent, 1 hereby petition the City of Pearland for approval of the above described
request as provided for by the laws the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowle : at this is a true description of the property upon which I have
requested the above checi a) 1 under d that I am fully responsible for the correctness of the
legal description give
Owner's Signature:
Date:
9
Agent's Signature: Date:
OFFICE USE ONLY: 3/�5/0�
FEES PAID: off'% °o DATE PAID:
RECEIVED BY: APPLICATION NO. ( (PH
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Zone Change Application No. 1099
David A Gardoni & Diann R. Gardoni
9805 Excalibur's Court
(SD - R-1)
W
A I L /-1 \I" 1 I r v u L m.,f—t aV 1 Ni
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 foliowwvs:
No. / Date S-2 20 &
No. Date '20
No. Date • =20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
ric 10 Mx(aff
President
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LAURAANN EMMONS
Notary Public, State or Texas
Commission Expires OS-05-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1099
Published 04/02/03
Published Apnl 2, 2003
NOTICE OF = A ;1OIN1
PUBLICRING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that or
the 21st day of April, 2003, al
6:30 p.m., the City Council
and Planning and. Zoning
Commission of the City of
Pearland, Brazoria, 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
David A. Gaudoni and Diann
R. Gardoni, 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-1) on the following
described property, to wit:
Lot 36, Bleck 1,r
Somersetshire Estates, H.
& B. R.R. Co. survey, A-304,
Brazoria Co., TX (9805
Excalibur's Court)
At said beano `terested
parties shallthta the; right
and opportunrty to appear
and be heard onthe subject.
Is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1099