Ord. 509-683 11-24-03ORDINANCE NO. 509-683
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 LOTS 5 AND 6, BLOCK 3, OF COLONIAL
ESTATES, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS (5130 CONFEDERATE DRIVE) (APPLICATION NO. 1126)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF WILLIAM
L. FREEMAN, 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, William L. Freeman, Owner, filed on September 9, 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 20th of October, 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 22nd day of October, 2003, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by William L. Freeman, Owner,
1
ORDINANCE NO. 509-683
whereby the Commission recommended and 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-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
November 10, 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 William L. Freeman, 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:
Lots 5 and 6, Block 3, of Colonial Estates, Abstract 509, H.T. & B.R.R. Company
Survey, Brazoria County, Texas (5130 Confederate Drive).
2
ORDINANCE NO. 509-683
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. 509-683
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 loth day of
November , 2003.
ATTEST:
0,2,„"
TOM REID
MAYOR
4
ORDINANCE NO. 509-683
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of November , 2003.
ATTEST:
T'MC
SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
Please check one:
APPLICATION FOR
A CHANGE IN ZONING
SE)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
[j Change in Zoning Classification from: to: f
❑ Specific Use Permit Request for :
Property Information:
Address: S/ 3 o C P Th h
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): )&15( - e,e/ e
Proposed use of property: p,:s 1 QNCB`+ .''� fjT
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME &U/GL--(F\I'n k F f NAME
ADDRESS 5'j3 0 cm _g-7)E-ter4`1 1< ADDRESS
CITY Prie-LI t STATE $ ZIP 1 `75gc-i CITY STATE ZIP
PHONE/ ) sq- g4S' PHONE( )
FAX( ) FAX( )
E-MAIL ADDRESS ke. t4itl u, ( /L E f? k2o -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: t ethavik Q COW— Date:
Agent's Signature: Date:
(list current zoning) (list proposed zoning)
(list proposed use)
OFFICE USE ONLY: O0
FEES PAID: 1 /i3 DATE PAID: g103
RECEIVED BY: APPLICATION NO. / 1c9
0 200
11111
400 Feet
I
LOCATION MAP
Zone Change Application No. 1126
Owner: William L. Freeman
5130 Confederate Drive
(SD - R1)
N
W�E
s
firrilltiVil rUULUCAV EON
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 l issues;:as follows:
No. / Date c 71 / 20 .,
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this z--) day of G�
20 a
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Oct. 1 and Oct. 8,
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 20th day of October,
2003, at 6:30 p.m., the City
Council and Planning and=
Zoning Commission of,' the
City of Pearland, in Braoria,
Harris and Fort ` Send
Counties, Texas, wIl conduct
a joint ptblt itaaritl in the
Council Ch Others `.of City
Hall, 3519 Liberty Dom,
Pearland, Texas, -on the.
request :of William L.
Freeman, owner, for an
amendment; to the. Land Use
and Urban Developtnt
Ordinance Hof csald City, from
Classification Suburban
Development District (SD) to
Single Family Dwelling
District (R.1) on the following
described property, touvh.-`
Lots 5 and 6, Block 3, of
Colonial Estates, Abstract
509, H.T. & B.R.R. Company
Survey, Brazoria County,
Texas (5130 Gohfede`rgtd
Drive).
At said hearing all interested
parties shall. have the right
and opportunityto `appear
and be heard''on;the subject.
/s/ Theresa Grahmann
Planner
APPLICATION NO. 1126
At~i-ADAV1.I 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 pbblished
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for ( issuesr.as follows:
No. ( Date o c- 20 o 3
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe anci sworn to before me this
20 03
President
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1061
Published 10/08/2003
October 22, 2003,
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1126
Honorable Mayor and Council Members:
Request of William L. Freeman, owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to Single Family
Residential District (R-1), on the following described property, to wit:
Legal Description: Lots 5 and 6, Block 3, of Colonial Estates, Abstract 509, H.T. & B.R.R. Company
Survey, Brazoria County, Texas (5130 Confederate Drive)
At a regular meeting held on October 20, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner David Ransom made a motion to forward Zoning Application No. 1126 to City Council for
approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Owner William L. Freeman
5130 Confederate Drive
Pearland, Texas 77584
Applicant: None
Page 1 of 1
APPLICATION NO. 1061
NOTICE OF A JOINT
PUBLIC HEARING O.F, THE -
CITY COUNCIL AND THE .
PLANNING AND ZONING
COMMISSION OF -THE CITY
I OF PEARLAND, TEXAS
Notice is hereby given that on
the 20th day of October,
2003, at 6:30 p.m.; the City
Council and Planning and
Zoning Commission of the
j City of Pearland, in Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct 1
i a joint public hearing in the
Council Chambers of City
I Hall, •3519 Liberty Drive,'?
Pearland, Texas, on the
request of William L..
Freeman, 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: ,
Lots 5 and 6, Block 3, of `
Colonial Estates; Abstract;
509, H.T. & B.R.R. Company:
Survey, Brazoria County,
Texas (5130 Confederate
, Drive).. ,
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