Ord. 509-652 05-12-03ORDINANCE NO. 509-652
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 THE NORTH 5 ACRES OF TRACT
21, ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN
GARDENS, SECTION 8, H.T.& B.R.R. COMPANY SURVEY, A-504,
BRAZORIA COUNTY, TEXAS (2533 & 2537 ROY ROAD) (APPLICATION
NO. 1096) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
HOLLIS BARDWELL, 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, Hollis Bardwell, Owner, filed on March 4, 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 29' 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, Hollis Bardwell, Owner, whereby the Commission
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ORDINANCE NO. 509-652
recommended to approve a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development District (SD) to Commercial
District (C); 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 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 Hollis Bardwell, 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:
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 Commercial District (C), such property
being more particularly described as:
The North 5 acres of Tract 21, Allison Richey Gulf Coast Home Company
Suburban Gardens, Section 8, H.T.& B.R.R. Company Survey, A-504, Brazoria
County, Texas (2533 & 2537 Roy Road).
The City Council of the City of Pearland finds and determines that the recitations
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ORDINANCE NO. 509-652
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.
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
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ORDINANCE NO. 509-652
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 12th day of
May , 2003.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of
May , 2003.
ATTEST:
APPROVED AS TO FORM:
4
ORDINANCE NO. 509-652
coit-L- It CrL
DARRIN 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. 1096
Request of Hollis Bardwell for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to Commercial
District (C), on the following described property, to wit:
The North 5 acres of Tract 21, Allison Richey Gulf Coast Home Co. Suburban Gardens, Section 8,
H. T. & B. R.R. Co. survey, A-504, Brazoria Co., TX (2533 & 2537 Roy Road)
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 Ray Bacon made a motion to forward Zoning Application No. 1096 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: Hollis Bardwell
12746 Roy Road
Pearland, TX 77581
Page 1 of 1
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
M Change in Zoning Classification from: ,52 to:
(list Trent zoning) (list proposed zoning)
Specific Use Permit Request for :
(list proposed use)
Property Information:
7'3Anc%(9 '2 y icon,
Address:
Subdivision: g) //, y-A a gmm CaRc-e y Lot: A l Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property)/
Proposed use of property: �p/2J2/ /2 ' 7 ae31
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME //i/S ,W/ 3 d/iVP// NAME
ADDRESS /2'Jct6 ADDRESS
CITY .--4,P 1 d STATE 7 ZIP CITY STATE ZIP
PHONE(;42A/ ) q/a- 5'9
PHONE( )
FAX( ) FAX( )
E-MAIL ADDRESS E-MAIL ADDRESS
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 knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: ile4 Date:
Agent's Signature: Date:
OFFICE USE ONLY: See
FEES PAID: -Fees waived, ppI.10'79 DATE PAID: 63)Q t03
RECEIVED BY: 7 APPLICATION NO. 1 091S2
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Bill I
Zone Change Application No. 1096
Hollis Bardwell
2533 and 2537 Roy Road
(SD - C)
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The Pearland Reporter;News
2404 South Park`
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Pearland, Texas 77581
State of Texas
3razoria 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
3irculation in Brazoria, Harris & Galveston Counties, for / issues:.as foliows:
No. / Date S-2 20 02
No Date '20
No Date • 20
No. Date 20
No. Date 20
subscribe and sworn to before me this
qtrt,I0 /MY atri
President
a
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4
LAURA ANN EMMONS
Notary Public, Sate c` Texas
Commission. Expires OG-OG-2006
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Laura Ann Emmons, Publisher
Notary Public, State of Texas
day of
Joint Public Hearing - Application No. 1096
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 21st day of April, 2003, at
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
Hollis Bardwell, owner, for an
amendment to the Land Use
and Urban Development
Ordinanceof said City from
Classification Suburban
Development District (SD) to
Commercial District (C) on
the following described prop-
erty, to wit:
The North 5 acres of Tract 21,
Allison Richey Gulf: Coast
Home Co. Suburban
Gardens, Section 8, H. T. &
B. R.R. Co survey, A-504,
Brazoria Co., TX ,(2533 &
At said hearingall interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is! Mona Ann Phipps
Development, Coordinator
APPLICATION NO. 1096