Ord. 509-676 10-13-03ORDINANCE NO. 509-676
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 0.759 ACRES, RESERVE H, OUT OF THE
VILLAGES AT MARY'S CREEK, SECTION 1, PHASE 1, BRAZORIA COUNTY,
TEXAS (2945 AUBURN WOODS DRIVE) (SPECIFIC USE APPLICATION NO.
128) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1)
TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE (R-1(S)) FOR A
SOCIAL AND RECREATIONAL BUILDING, WITH HEAD -IN PARKING AT THE
REQUEST OF KEVIN PRICE, AGENT FOR VMC PARTNERS, LTD., 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, Kevin Price, Agent for VMC Partners, Ltd., Owner, filed on July 15,
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 15th of 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
1
ORDINANCE NO. 509-676
regarding the proposed amendment application by Kevin Price, Agent for VMC
Partners, Ltd., Owner, whereby the Commission recommended and approved a change
of classification for the property described in Exhibit "A" from its existing classification of
Single Family Dwelling District (R-1) to Single Family Dwelling District — Specific Use
(R-1(S)) for a Social and Recreational Building, with Head -In Parking; 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 Kevin Price, Agent for VMC Partners, Ltd., 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 Single Family Dwelling District (R-1)
is hereby for all purposes changed and reclassified as Single Family Dwelling District —
Specific Use (R-1(S)); such property being more particularly described as:
0.759 acres, Reserve H, out of The Villages of Mary's Creek, Section 1, Phase 1,
Brazoria County, Texas (2945 Auburn Woods Drive).
2
ORDINANCE NO. 509-676
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 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.
3
ORDINANCE NO. 509-676
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.
PASSED, APPROVED, and ADOPTED on First Reading this 29th day of
September , 2003.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-676
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
13th day of October , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TUN! REID
MAYOR
5
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.lx.us
❑ Change in Zoning Classification from: to:
(list current zoning) (list proposed zoning)
?ufle+-ect:;1-
Specific Use Permit Request for :
'D -t-ieQcrdetiA,e ro4ridel`t,
(list proposed use) j-/n gistpkAgi
Property Information:
Address: a 4'3 4144tro, le/004 satf
Subdivision:Wiles at /%%s ow
Tax I.D. Number: 76 - O 6 51 7i�.2
** 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: 141,410.441 edlia4.4€ FA;Gli
PROPERTY OWNER INFORMATION:
NAME !//%1 C 4'74, LTQ
ADDRESS/6; 5 CorvorAi
CITYlire, or6 STATE rx ZIP 77S71
PHONE(2.121 )3Jl f•� 9g
FAx( t-/ ( ) nee- 2 3J6
E-MAIL ADDRESS
Lot: 1/A Block: evi p
APPLICANT/AGENT INFORMATION:
NAME S t'e✓i.
ADDRESS3//, i4kd4il" 1 /'�`� •
CITYAv'«idkw*d STATE rk ZIP77s-%6
PHONE(1e/ ) 913— /4/0 p
FAX( AP/) 99 3 " 98
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: //1"--4---"'
Agent's Signature i� Date: 7--/
Date: 7 f "esI
OFFICE USE ONLY:
FEES PAID: 1/ DATE PAID: rI — /
RECEIVED BY: 4 ;APPLICATION NO. 6 LL /
0 200 400 Feet
11 1 i I I
LOCATION MAP
Specific Use Application No. 128
Owner: VMC Partners, Ltd./Kevin Price
2945 Auburn Woods Drive
(R1 - R1(S))
N
W+E
s
September 18, 2003,
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION. 128
Honorable Mayor and Council Members:
Request of Kevin Price, applicant, for an amendment to the Land Use and Urban Development Ordinance
of said City, for a Specific Use Permit for a Social and Recreational Building, with Head -In Parking, in a
Single Family Dwelling District (R-1), on the following described property, to wit:
Legal Description: 0.759 acres, Reserve H, out of The Villages at Mary's Creek, Section 1, Phase 1,
Brazoria County, Texas (2945 Auburn Woods Drive)
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 Specific Use Application No. 128 to City Council
for approval with a second made by Commissioner Don Sederdahl.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Owner:
Applicant:
VMC Partners, Ltd.
1625 Corniche
League City, Texas 77573
Kevin Price
311 N. Shadowbend Avenue
Friendswood, Texas 77546
Page 1 of 1
AFFIDAVIT OF PUBLICATION
No. Date
No. Date
No. Date
Jbscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas .
' Gommissian Expires 09 09 2006
.
•
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 was publ in Brazoria and Harris Counties in THE REPORTER NEWS, a news pf general
circulation in Brazoria, Harris & Galveston Counties, for issuesues, a general
, as follows:
No. / Date
No. Date
20
20
20 03
20
20
President
dayof
r
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Specific Use Application No.128
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, on the
request of Kevin Price, appli-
cant for.VMC Partners, Ltd.,
owner, for an amendmdnt to
the Land Use and Urban
Development Ordinance of
said City for a Specific Use
Permit for a Social ` and
Recreational Building with
Head -In Parking, in a Single
Family Dwelling District (R-1)
on the following described
property, to wit:
0.759 acres,'fReaerve-H, out
of The Villages at Mary's
creek, Section 1, Phase 1,
Brazoria County, Texas (2945
Auburn Woods Drive).
At said hearing all interested
parties shall have the right
and opportunity ; to appear
and be heard on the subject.
Is/ Theresa Grahmann
Planner I .
SPECIFIC USE
APPLICATION NO. 128
AFFIDAVIT OF PUBLICATION
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 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.a:_
No. Date 20
No. Date '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
tviq
‘Hati.
President
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 - Specific Use Application No.128
Published 08/27 & 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 Driven
Pearland, Texas, on the
request of Kevin Price, applr;
cant for VMC Partners, Ltd.;
owner, for an amendment to
the Land Use and Urbarr
Development Ordinance;ot
said City for a Specific U i '`
Permit for a Social an
Recreational Building wit
Head -In Parking, in a Singl
Family Dwelling District (R•11
on the following described
property, to wit:
0.759 acres, Reserve H, out
of The Villages at Mary'
Creek, Section 1, Phase 11
BrazoriaCounty, Texas (2941
Auburn Woods Drive).
At said hearing all intereste4
parties shall have the dgll
and opporturn`ty `to appeal
and be heard on the subject;
/s/ Theresa Grahmann
Planner'I
SPECIFIC USE
APPLICATION NO. 128