Ord. 509-320 09-13-99 FailedFailed 09/13/99
ORDINANCE NO. 509-320
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 9, BLOCK 3, HICKORY CREEK PLACE
SUBDIVISION, RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 751) (14004 O'DAY ROAD)
FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ERWIN WIND,
JR., 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, Erwin Wind, Jr., owner, filed on February 12, 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 application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 23rd day of August, 1999, 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 24th day of August, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Erwin Wind Jr., owner, 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 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 September 13, 1999, 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 Erwin Wind Jr., owner, facts were 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 Commercial District (C); such property being
more particularly described as:
Lot 9, Block 3, Hickory Creek Place Subdivision, recorded in Volume 11, Pages
1-2, plat records of Brazoria County, Texas (14004 O'Day Road)
I1.
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.
!11.
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.
ORDINANCE NO. 509-320
PASSED, APPROVED, and ADOPTED on First Reading this
,1999.
day of
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address: ~.~ (¢) / ,~ C:7/' E. I¢ /% /'--~ ~.~
Owner's telephone number:
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 Peadand. *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: ~_~~_
Fees paid: $
~ ~ c. III ~ I' ///
Received by~
Agent's signature:
Date paid: ~,~) ?~///
Application number: '"~.,,~'/
,D
20
BUTLER DR.
ZONE SD
200'
10
5
E R-1
15
5
14004 O'DAY
ROAD
10
11
OLIN
12
City of Pearland, Texaa
EI:WVlN WIND,
ZONE CHANQE
FFIOM
SD TO C
1~,4751 ~ SHEET
MARCH, lggg
/
~ D, ~ g9~2 OF
C COMMERCIAL DISTRICT
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
24 August 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 751
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, August 23, 1999. The owners requested an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Suburban Development
(SD) to Commercial District (C) on the following properties, to wit:
Application No. 751
Owner:
Erwin Wind, Jr.
3014 Green Tee Drive
Pearland, TX 77581
Legal:
Lot 9, Blk 3, Hickory Creek Place subdivision, recorded in Vol. 11,
Pgs 1-2, plat records of Brazoria Co., TX (14004 O'Day Rd)
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Todd Iocco
to approve the application listed above.
The motion to approve passed with a vote of 5 to O.
Please read this information into the official records of the City of Peadand and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
M/try~Starr, Chairperson
Planning & Zoning Commission
City of Pearland
AFFIDAVIT OF" PUBLICATION
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
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows: -.
No. Date 19 ~
No. Date 19
No. Date 19.
No. Date 19
President
Subscribe and sworn to before me this
19 Iff
day of
~u~ A~~sher
Notary Public, State of Texas
~:ITY COUNCIL AND THE
'LANNING ANDZONING
OMMISSlON OF THE CITY
; PEARLAND,'TEXAS ·
)tice is hereby given that on.
i9 th day of AugUst, !999,
!6:30 p.m;,' the` ti.fy COunCil
d the Planning and Zoning
)mmissi°n of theC ty Of
iarland, Brazoria and Harris
)Unties, Texas, Will Conduct
J°int pub ic Hearing in.the]
i.~_~TM Chambers, Cily Hall, I
~519 Liberty DriVel Pearland,; I
~'~'~'~as' °n the request ofI
rwin Wind,I Sr., owner, for'an I
I~mendment to the Land Use
{~nd; Ur~ba~;
:~rdln~Ce:o! Sai~ City fr0m
~i~sjfica~io~ ;!:'SUbUrban
~)ev~[0pme~: ~;i:(SD)i t°
~o~m~miat D~st~ct~c) ~n the
~llbwing: desCdbed prOp~y,
AFFIDAVIT OF'" PUBLICATION
The Pearland Reporter N, ews
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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 and Harris Counties, for / issues, as follows:
No., /- Date ~-- 2.-/ :' 19 ~'
No. Date 19 __
No. Date 19 __
No. Date 19 ~
No. Date
19
ipresident
Subscribe and sworn to before me this
MMONS ~
~~r~~;~l her
Notary Public, State of Texas
~IUI: ~$1ON OF,THE CITY
~,~ RL~Nr~, TEXAS
ce i~ hereby given that on
9 th daY of ~August, 1999,
~ntt.~ 're==, ira
Joint Public Headng! in the
ii,Council Chambers, City Hall;
I:8 519 Liberty B~ve, Peadand,
;;~exas; onthe request of
~in wind, SrO, owner, fo~ an
[~mendment tO thee Land USe
~nd urban De'Velopment
;[~rdinance of said City from
E~laSSifiCation Suburban
~VelSPment" '(SD) to
~ommemial Dist~ (C)on th~
~oll°Wing described PrOpe~,
wit: '
~J:~O' ~: ~,k. 3..,CkO~ ~reek
~l::~plabe sUUdiVision, Vol 11;;
~[~gsF 1-2, p!at: records of
~azoria Co.; TX (14004
Day ROad)
aid hea~ng all ~nterested
ies Shall. have the right.
~nd: ~Auni~ t° aPp~r and
.hea~on ~e Subj'. :
~ yOung Loding
•
ORDINANCE NO
509-320
24 August 1999
Mayor& City Council members:
City Hall
Pearland, TX 77581
•
RE: Zoning Application No. 751
The'above referenced zone change applications were reviewed by the Planning& Zoning Commission
at a regular meeting on Monday, August 23, 1999. The owners requested an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Suburban Development
(SD) to Commercial District (C) on the following properties, to wit:
Application No. 751
Owner: Erwin Wind, Jr.
3014 Green Tee Drive
Pearland, TX 77581
Legal: Lot 9, Blk 3, Hickory Creek Place subdivision, recorded in Vol. 11,
Pgs 1-2, plat records of Brazoria Co., TX(14004 O'Day Rd)
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Todd Iocco
to approve the application listed above.
The motion to approve passed with a vote of 5 to 0.
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
Mary" tarr, Chairperson
Planning& Zoning Commission
City of Pearland