Ord. 509-668 07-28-03ORDINANCE NO. 509-668
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 0.923 ACRES OF LAND, OUT OF
THE NORTH % OF THE NORTH % OF LOT 50, OF THE ALLISON RICHEY
GULF COAST HOME COMPANY'S SUBDIVISION, SECTION 19, BEING
OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, AS
RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (1702 STONE ROAD) (APPLICATION NO.
1114) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST
OF JOHN 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, John Williams, Owner, filed on May 22, 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 16th of June, 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 25th day of June, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-668
proposed amendment application by John Williams, Owner, whereby the Commission
recommended to approve 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 July 14, 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 John 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:
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:
0.923 acres of land, out of the North 1/2 of the North 1/2 of Lot 50, of the Allison
Richey Gulf Coast Home Company's Subdivision, Section 19, being out of the H.T.
& B.R.R. Company Survey, Abstract 243, as recorded in Volume 2, Page 23, of the
Plat Records of Brazoria County, Texas (1702 Stone Road).
2
ORDINANCE NO. 509-668
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. 509-668
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 14th day of
July , 2003.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 509-668
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
of July , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
TOM REID
MAYOR
PAID MAY 2 2 2003
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 in Zoning Classification from: to:
(list current zoning) (list proposed zoning)
Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: /1702„ S-/oii ReL
Subdivision: Lot:
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: re6 i ae nc e
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME -.l ii- Ai W4(0 E. WI lit MO SI NAME
ADDRESS !?oJ- S--me- •KCL ADDRESS
CITY LVI-+V- STATER- ZIP iris -el CITY STATE ZIP
PHONE(Z11 ) gri-gtg C PHONE( )
FAX( ) FAX()
E-MAIL ADDRESS E-MAIL ADDRESS
3 L 1q- g i® !
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: Date: 6--2r Z ci 3
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID: f "75
;o
RECEIVED BY:
DATE PAID: 5- 0)---03
APPLICATION NO. / / / q-
0 200 400 Feet
11 1 1 1
Zone Change Application No. 1114
John W. Williams
Stone Road south of Brookside Road
(SD - R1)
June 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1114
Request of John 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-1) on the following described property, to wit:
0.923 acres of land, out of the North'/2 of the North'h of Lot 50, of the Allison Richey Gulf Coast Home
Company's Subdivision, Section 19, being out of the H.T. & B.R.R. Company Survey, Abstract 243, as
recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas (1702 Stone Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 16, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1114 to City Council for
approval with a second made by Commissioner Sheryl Greiner.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: John W. Williams, 1702 Stone Rd, Pearland, TX 77581
Page 1 of 1
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:
n.
No. / Date l! _4/ 20
No. Date 20
No Date 20
No Date 20
No. Date 20
President
Subscribe and sworn to before me this `' day of
20 03
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1114
Published 05/28 & 06/04/2003
LECALS
public hearing; in the Council
Chambers of City Hall, 3519
Liberty ` Drive, Pearland,
Texas, on the request of John
W. 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 Published May 28 &June 4,
District (R-1) on the following 2003
described property, to wit:
NOTICE' .OF A JOINT
0.923 acres of land, out of the PUBLIC HEARING OF THE
North _ of the North_ of Lot CITY COUNCIL AND THE'
50, of the Allison Richey Gulf PLANNING AND ZONING
Coast Home Company's COMMISSION OF THE CITY
Subdivision, Section 19, OF PEARLAND, TEXAS
being out of the H.T. & B.R.R.
Company Survey, Abstract Notice is hereby given that on
243, as recorded in Volume the 16th day of June, 2003, at
2, Page' 23, of the Plat 6:30 p.m., the City CouncilRecords of Brazoria County, and Planning and Zoning
Texas (1702 Stone Road) Commission of the City of
Pearland, Brazoria, Hams
At said hearing all interested and Fort Bend Counties,
parties shall have the right Texas, will conduct a joint
and opportunity to appear
and be heard on the subject.
/s/ Theresa Grahmann
Planner
APPLICATION NO. 1114