Ord. 509-516 04-09-01 ORDINANCE NO. 509-516
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 60 ACRES, BEING TRACTS 26-31
H. T. & B. R.R. COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS
(HATFIELD ROAD) (APPLICATION NO. 967)(HATFIELD ROAD) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO
SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-2 PUD)
AT THE REQUEST OF JAMES CORNELIUS, AGENT FOR RONALD
NOLES AND BILLY NOLES, OWNERS, 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, James Cornelius, agent for Ronald Noles and Billy Noles, Owners, filed
on January 3, 2001, 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 5th of March, 2001, 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 7th day of March, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 509-516
proposed amendment application by, James Cornelius, agent for Ronald Noles and Billy
Noles, Owners, 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-2) to Single Family Dwelling District Planned Unit
Development (R-2 PUD); 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 March 26, 2001, 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 James Cornelius, agent for Ronald Noles and Billy Noles, Owners,
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 Peadand, Texas, and presently classified as Single Family Dwelling District (R-2) to is
hereby for all purposes changed and reclassified as Single Family Dwelling District
Planned Unit Development (R-2 PUD); such property being more particularly described as:
60 acres, being Tracts 26-31 H. T. & B. R.R. Company Survey, A-219, Brazoria
County, Texas (Hatfield Road)
2
ORDINANCE NO. 509-516
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 Peariand 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
3
ORDINANCE NO. 509-516
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 26 day of
March ,2001.
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-516
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9 day
of Apri 1 .2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
to: R-2PI.rO '
Use for: *
Property address: 17oo Block Hatfield Rd.
Lot: Block: I Subdivision:
Tracts 26, 27, 28, 29, 30 and 31 out of the
Metes & Bounds Description: tlT&B Survey
(unplatted property only; attach survey) Abstract A-219
Tax I.D. number:
Current use of land: Agricultural
Proposed use of land within requested desi~o-n.tlon: Sin$1e F=~ ly Subdivision
Record owner's name: Ronald Noles and Billy Noles
Owner's mailing address: ll~O Hatfield Rd. Pearl~d, TX 77581
Owner's telephone number: (281) 485-1181
A;gent's name: James Cornelius
Agent's mailing address: 1601 Elm Street, Suite 300, Dallas, TX 75201
Agent's telephone number: ~713) 62.7-8021
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 Ordin~aces of the City of Pearland. *On a Specific Use Permit
request to allow a residential use in. lousiness zone (OP, NS, GB), I acknowledge that such use may be
inc°mpatible with ~hrr~rd~ses on properties in my vicinit./.
Owner's signatur~ff~ Agent, s ~iLgna~,r~.oO~-~_ ~___~"
Received?ecs paid: $/~'dr~ 5Dt-'~)by: I__Date paid: D/~-.-~0/ -I. ~
R-'~ (2.66) R- 2
R-2
c(5'~)
M-1
Pork
Cemetery
Old
Pear, and
Cem~my
30.00 ACRES ~.
\.
RONALD · BILLY h~.E8
ZONE (~HANEIE
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 and Harris Counties, for / issues,-as follows:
No. 7-' ' Date
No. Date 20
No. Date : 20 __
No. Date 20 __
No. Date 20 --
~:/~President
Subscribe and sworn to before me this ~ day of
. ~. , o x
~~~~l~he
r
Nota~ pUblic~ S~~as
2001
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 and Harris Counties, for / issues/as follows:
No. ~ Date /-,~ c/' 20 ~/
No.. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20 --
~President
Subscribe and sworn to before me this ' ~ day of ~/_
20 ~1
~a~~~ her
Notary Public, State o~as
7
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 and Harris Counties, for / issues;-as foiJows:
No. /7 Date ~-/~-/' 20 O/
No. Date 2Q __
No. Date 20
No. Date 20
No. Date 20
" ~resident
Subscribe and sworn to before me this/5- day of
20 O ~ O~~~l.~~her
, PubHshad. F~I~..~ & Feb.
' ~JBUC H~N~ ~ ~E
P~N~N~D ZONING
~MMl~tON OF ~E
~tice ~s~h~re~ giv~fl that
~n t~e~S~h .~y of Uarch,
and Z~ ~mi~i~n
Brazoria, Harris ~n~
~n~ i~ ih~ :~o~noil
~s; ~ Hall,
~ib~t? OriV~ P~rland,.
~ ~lfus~a~nt for
~ona~ Nol~s'and Billy
?ol~s~-~W~, for an
'~m~n~m~nt lo tho ~and
Us~. an~ ~ Urban
~v~l~m~nl Ominano~ of
~.~ fr~ Ola~irm~
~in~l~ ~amil~ Ow~llin~
Famil~ Dwelling. District
Planned Unit Dov~lopmonl
(R-2 PUD) on th~ followin~
d~fi~ p~. to wit:
:Tm~ 26.
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 waspublished
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 20
No. Date 20 __
No. Date 20 __
No. Date 20 __
Subscribe and sworn to before me this ,,?,2_-- day of
' ~'~' her
Notary Public, State o~as
Published Feb. 14
21,200~
NOTICE OF A JO/NT'~
PUBLIC HEARING~I~ T~E
cn'y COUNCIL ~D
No~ ~S,~reby giv~ t~t
on ~e 5th day .of March,
Council and the Planning
~d zoning ~mmi~i~ of
the city of Pearland.
Brazoria~H~rris=and~Fo~
'Hearin~i~~ thb: Oounoil
L~od~ Ddvo
Texas/~ t~e'~oquos[~f
James ~melius, agent for
Ronald Noles and Billy
Noles, owne[, for an
amendmenl- to-the L~nd
Oevelop~i~O~i~a~e bf
~d O~ from Clarendon
Sing~ ~F~ily- ~we Uno
TX Ha~eid la
At~8~d J
~LaPI. JCATION NO. ~
March 7, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 967
Request of James Cornelius, agent for Ronald Noles and Billy Noles, owners for an
amendment to the Land Use and Urban Development Ordinance of said City from Single
Family Dwelling District (R-2) to Single Family Dwelling District Planned Unit
Development District (R-2 PUD) on the following described property, to wit:
60 acres, being Tracts 26-31 H. T. & B. R.R. Co. survey, A-219, Brazoria Co., TX (Hatfield
Road)
Honorable Mayor and Council Members:
At a regular meeting held on March 5, 2001, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Vice-Cha'mnan Donald Glenn and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 967. Commissioner Richard Tetens
did not approve of the 20-foot l~ont setbacks. Mr. Tetens did not want to recommend approval
of this request because he stated that it is accepting something that is not allowed in the
Subdivision Ordinance. There was major discussion and disagreement regarding the "verbage" of
a "PUD."
Commissioner Selemon stated that he would not want to live across bom any M-1 zoning.
Motion to approve passed 4 to 3.
(Russ Selemon, Randy Patro, and Richard Tetens were against
the recommendation for approval).
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Cha'mnan
Planning & Zoning Commission