Ord. 509-677 10-13-03ORDINANCE NO. 509-677
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 33 OF FIGLAND ORCHARD
SUBDIVISION NO. 1, BRAZORIA COUNTY, TEXAS (FITE ROAD NEAR
WAGON TRAIL ROAD) (APPLICATION NO. 1125) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-3) AT THE REQUEST OF BRIAN WILLIAMS, 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, Brian Williams, Owner, filed on August 14, 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 15thof September, 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 18th day of September, 2003, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Brian Williams, Owner, whereby the
1
ORDINANCE NO.509-677
Commission 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-3); 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 September 29, 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 Brian Williams, 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:
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-3); such property being more particularly described as:
Lot 33 of Figland Orchard Subdivision No. 1, Brazoria County, Texas (Fite Road
near Wagon Trail Road).
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. 509-677
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 of the herein above described property.
3
ORDINANCE NO. 509-677
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED,
September
ATTEST:
APPROVED, and ADOPTED on First Reading this 29th day of
, 2003.
•
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
13th day of October , 2003.
ATTEST:
iUNG %'
i Y �CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
1
4
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
E Change in Zoning Classification from: 5 0 to:
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address:
Subdivision: t' i1v� GFf �( 6t-rAck Lot: J 3 Biotic
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): n bm OintCD I i S
Proposed use of property: I— I 011LS— - S G eu c6
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME 1`?'Lt_4,l,.; ..i ° U "tit ' NAME
ADDRESS _ z) 2-1f it.14.,,,°n-t' G ADDRESS
CITY re d' STATE ''� ZIP % 7 S 8 `i CITY STATE ZIP
PHONE( /) L -g5 1 Li S % 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: Jam ; . 41 L t U a—t4-' it) Date: �()
Agent's Signature ..Ji CC.- Date:" _
OFFICE USE ONLY:
FEES PAID:
DATE PAID:
g-/'/-O3
RECEIVED BY: APPLICATION NO. / /
MINN
0 200 400 Feet
1 1 I 1 1
LOCATION MAP
Zone Change Application No. 1125
Owner: Brian Williams
Fite Road near Wagon Trail Road
(SD - R3)
W+E
September 18, 2003,
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1125
Honorable Mayor and Council Members:
Request of Brian Williams, 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-3), on the following described property, to wit:
Legal Description: Lot 33 of Figland Orchard Subdivision No. 1, Brazoria County, Texas (Fite Road
near Wagon Trail Road)
At a regular meeting held on September15, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1125 to City Council for
approval with a second made by Commissioner Sheryl Greiner.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Owner: Brian Williams
3029 Wagon Trail Road
Pearland, Texas 77584
Applicant: None
Page 1 of 1
AFFIDAVIT OF PUBLICATI
ON
The Pearland Reporter News
2404 'South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Randy Emmons, hereby certify that the notice hereby appended
in Brazoria and Harris Counties in THE REPORTER NEWS, a n e . was published
of g n
circulation in Brazoria, Harris & Galveston Counties, for ewspaper.of general
issues, as follows:
No. Date
No. Date
No. Date
abscribe and sworn to before me this
•
•
•�`� 1 te, LAURA ANN EMMONS +
•
•
• '• • Notary Public, State of Texas .•
•
• '•:,T,.+' Commission Expires 09-09-2006•
• •
•
20
20_
President
day of (X
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No.1125
Published 08/27/03 & 09/03/2003
Published Aug. 27 and Sept.
3, 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 15th day of September,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, in 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, an the
request of Brian Williams,
owner, for an amendment to
the Land Use and Urban
Development, Ordinance of
City from Classification
Shan Development
District (SD) to :SingleFamily
Dwelling District 3) on the
following described property,
to wit
Lot_ 33 of Figiand. Orchard
Subdivision; No 1, Brazoria
County, Texas (Fite Road
near Wagon Trail Road).
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Theresa Grahmann
Planner I
APPLICATION NO.1125
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 /"3 20 -al_
No Date '20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No.1125
Published 09/03/2003
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 15th day of September,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, in 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 Brian Williams,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
,pis ll:' , plc e
following described property,
to wit:
Lot 33 of Figland Orchard
SPIXIMOLOP No. kBrazoria
County, Texas (Fite goad
near Wagon T I oad}
Atpil,Peont interested
parties aj. a the right
and oprtwttttyi, to appear
and be heard On the subject.
/siTheresa'Grahmann
Planner I`
APPLICATION NO. 1125