Ord. 509-413 02-28-00 Failed FAILED 2~28~00
ORDINANCE NO. 509-413
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 A 5.0 ACRE TRACT BEING THE NORTH % OF
LOT 45, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION
85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS
ACCORDING TO MAP OR PLAT RECORDED IN VOLUME 2, PAGE 107,
BRAZORIA COUNTY, TEXAS {APPLICATION NO. 848) (MILLER RANCH
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF
STEVEN MUTH, 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, Steven Muth, Owner, filed on October 1, 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 applications for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 10th of January, 2000, 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 14~ day of February, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Steven Muth, 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 Distdct (SD) to Single Family Dwelling District (R-3);
ahd;
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 February 28, 2000, 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 Steven Muth, Owner, 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) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-3); such
property being more particularly described as:
A 5.0 acre tract being the North % of Lot 45, Allison Richey Gulf Coast Home Co.
Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, Brazoria County, Texas
according to map or plat recorded in Volume 2, page 107, Brazoria County, Texas
(Miller Ranch 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
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
2
and to the City Council for consideration and decision.
II1.
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.
CITY OF PEAR]LAND
ZONE CHANGE APPLICATION
revised 3~5~96
__ Change in Zoning Classification from: .~- ~- to:
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: Block: J~J A I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: ~-----~t
Record owner's name: ~T"~'V ~--'/~/ C.
Owner's mailing address: ~"~.~ ? bOJ~V~..i/.-~S~~ 7F06/
~ne,s telephone number: ~l ~ ~I-IIs~, 7[9
Agent's name: ~ ~
Agent's mailing address: ~ ~
Agent's telephone number'. ~ ~ '
PETITION: As owne~ hereby petition the City for approval of the above described request as
provided by the la~ ~ ot th~tate of Texas and Ordinan~s of the City of Peadand. *On a Specific Use
Pe~,, request ,( ~entia, us~n ~ business zone (OP. NS. GB).I acknowledgethat such use
may be incomp~ ~th cur~ a~l~ on prope,ies in my vicin/,y.
, ., //l ii .
s gn~ ~/~ ~ Agent s signature:
Fees paid: $' Z~O. ~ Datepaid: I O//p~
55
25 zONE R-1
58
4-6
· 56
26 ZONE
City of Pem~md, Texas
ST~'VE~ C, MUll~
SD SUBURBAN DISTRICT 8D
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
AFFIDAVIT OF ·PUBLICATION
The Pearland 'Reporter News
2404 South Park
Pearland, Texas 77581
tate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rcUlation in Brazoria and Harris Counties, for ,/ issues, as follows:
NO. '/ :Date'"- //'-'/~ 19 "~ -
,. . . - . ~:..-: :
· 'i:No. ~ - Date .... -' .19__ ~
:- '-No:~: "' ": '.":'Date'" · ' ;'' /?'' -''~:;; ' -i9':.;~: ~' '~- 7, .
-.'.'No. - -'Date ' '" ~ "" "'~ "~:" ' ' ";: '~'' ' ~'"~19 ' ~"'; ;"~. ' :~-.:: ""'i:.
:~- No. Date "
" 19 ..
- - ' ' ' -: 'President
Jbscribe and sworn to before me this //'/ day of '
·
· ~ ~er
':. . ' ' ' ~ ~S .
Ibint
3519
Pearland
[~st Of
of an
December 7, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 846
Request of Steven C. Muth, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Single
Family Dwelling District (R-4) on the following described property, to wit:
A 5 acre tract being the North ½ of Lot 45, Allison Richey Gulf Coast Home Co. Subdivision,
Section 85, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX, according to map or plat
recorded in Vol. 2, pg 107, Brazoria Co., TX (Miller Ranch Road)
Honorable Mayor and Council Members:
At a regular meeting held on December 6, 1999, atter the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Todd Iocco
to recommend denial of Zone Change Application No. 846.
Motion to deny passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
February 14, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: ZONE CHANGE APPLICATION NO. 846
Request of Steven Muth, 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-4) on the following described property, to wit:
A 5 acre tract being the North ½ of Lot 45, Allison Richey Gulf Coast Home Co.
Subdivision, Section 85, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX,
according to map or plat recorded in Vol. 2, pg 107, Brazoria Co., TX (Miller Ranch
Road)
Honorable Mayor and Council Members:
At a regular City Council meeting held on January 10, 2000, the Council considered the above-
mentioned request. At that time, the item was tabled to see if the property owner would consider
a more restrictive zoning classification..
My staff has since spoken to the property owner. He has asked to amend his request to Single
Family Dwelling District (R-3). Therefore, I am presenting this item for your consideration.
Sincerely,
Gene Tumlinson
Director of Community Development and Services
GT/map
attachments: application, map and original P&Z recommendation letter