Ord. 509-691 02-09-04 FailedFAILED 2/9/2004
ORDINANCE NO. 509-691
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
0.635 ACRES, OUT OF LOT 47 OF THE ALLISON-RICHEY GULF
COAST HOME COMPANY, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 304, BRAZORIA COUNTY, TEXAS (EAST SIDE OF MILLER
RANCH ROAD, NORTH OF SUMMER BREEZE DRIVE) (APPLICATION
NO. 1137) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT (OP) AT
THE REQUEST OF DAVID H. MOORE, 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, David H. Moore, Owner, filed on November 13, 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 19th of January, 2004, 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 January, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, David H. Moore, Owner, whereby
the Commission's recommendation to approve failed a change of classification for the
1
ORDINANCE NO. 509-691
property described in Exhibit "A" from its existing classification of Single Family Dwelling
District (R-1) to Office and Professional District (OP); 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 February 9, 2004; 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 David H. Moore, 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 Single Family Dwelling District (R-1)
is hereby for all purposes changed and reclassified as Office and Professional District
(OP), such property being more particularly described as:
0.635 acres, out of Lot 47 of the Allison -Richey Gulf Coast Home Company,
H.T. & B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (East
Side of Miller Ranch Road, north of Summer Breeze Drive).
IL
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.
2
ORDINANCE NO. 509-691
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.
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.
3
ORDINANCE NO. 509-691
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-691
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from: g + f to:
(list current zoning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
P
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 4 S , i //. r A 4
Subdivision: /-1 T IbeA Lot: 117 i3
Tax I.D. Number: 0 3 0 i+ - 0011 110
Block:
** 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: 0-rift e
PROPERTYY OWNER INFORMATION:
NAME ')41 ` F(•
ADDRESS ,: /!t"i C l
CITY P&revi t[iNcl STATE IX ZIP Z 7,S-K/
PHONE(? / 3 ) 14 76,- )10 7
FAX( I ) ?l — ce, ` 1
E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION:
NAME )41;" dl 4 evici ,f..€
ADDRESS 62 4 `a °Th (/ v 'r 1
CITY AV'. / O STATE ZIP 7 75",P9'
PHONE( 7/ ) '13 W : 7o 7
FAX( gift )
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 giver
Owner's Signature:
Agent's Signature: k "` Date: �l r /O ( ,)(- 5
Date: /, ' 10'•'3
OFFICE USE ONLY: J � 00
FEES PAID: N'
DATE PAID: I I I 13l O3
RECEIVED BY: 'C,� APPLICATION NO. 113 11
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LOCATION MAP
Zone Change Application No. 1137
Owner: David H. Moore
East Side of Miller Ranch Road, and
North of Summer Breeze Drive
(R1 - OP)
W
s
0 200 400 Feet
1 1 1 1 1
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O.,Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No. / Date /2 3( 20 63
No. Date 20
No. Date 20
No. Date 20
No. Date 20
.*'.....•..a..•••a•.a•••i••••.••.111
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
1. . ®....• . a......., ... • • • •. w5.1 • • ...,
Subscribe and sworn to before me this
20 03
4df(
President
•
•
•
LAURA ANN EMMONS
• 1 Notary Public, State of Texas
Commission. Expires 09-09-2006
•
•
day ofQ�
Laura Ann Emmons,Publisher
Notary Public, State of Texas
Published Dec. 31,2003 &
Jan. 7, 2004
NOTICE OF A JOINT PUB-
LIC
H . NG rTHE
CITY COUNCIL D THE
PLANNING AND ZONING
COMMISSION OF • THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO.111
Notice is hereby given that
on January 19, 2004, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, In Brazoria, Harris
and Fert'Bend Counties,
Texas, will conduct a I t
�ppublib hit
(Chambers o aSr*
Liberty lrtve, earfand,
Texas on the request of
David'l`Moore; owner, for
an amendment to the Land
Use and •Ufban
Development Ordnance of
said City from classifieation
Single Family Dwelling
District (R-1) to Office and ,
Professional District (OP),
on the following described
property, to wit: '
0.635 acres, out of Lot 47 of
the Allison•Richey Gulf
Coast Home Company
Subdivision, H.T.' & B.R.R.
Company Survey, Abstract
304, Brazoria County,
Texas (East Side of Miller
Ranch Road, north of
Summer Breeze Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject,
/s/ Theresa>GrahFnann
Planner 1
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 /" d 7 20 O g
No. Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20_
fi.... -
LORA ANN EM exas 0
Notary Public, State 09-09"2000
Commission Expires
• ay of .1
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 31, 2003 &
Jan. 7, 2004
NOTICE OF A JOINT PUB-
LIC HEARING OF THE CITY
COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLA(ND, TEXAS
APPLICATION NO.1137
Notice is hereby given that -a t
January 19, 2004, at 6730,
p.m., the City Council and
Planning and Zoning
Commission of the City of
Peariand,'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
David H. Moore, owner, for, an
amendment to the Land Use
and Urban Development
Ordinance of said City from
classification Single Family
Dwelling District (R-1) to
Office and Professional
District (OP), on the following
described property, to wit:
0.635 acres, out of Lot 47 of
the Allison -Richey Gulf Coast
Home Company Subdivision,
& B.R.R. Company
Survey,. Abstract 304,
Brazoria County, Texas(East
Side of Miller Renal road,
north of Summer 'Breeze
-,hive)
'At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Is/ Theresa Gfshmann
Planner
January 22, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1137
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Single Family Dwelling District (R-1) to Office and Professional District (OP) on the
following described property, to wit:
Legal Description: 0.635 acres, out of Lot 47 of the Allison -Richey Gulf Coast Home Company, H.T.
& B.R.R. Company Survey, Abstract 304, Brazoria County, Texas (East Side of Miller Ranch Road, north
of Summer Breeze Drive)
At a regular meeting held on January 19, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner David Ransom made a motion to forward Zone Change Application No. 1137 to City
Council for approval with a second made by Commissioner Linda Cowles.
Motion to approve failed 0-7
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Owner: David H. Moore
2645 Miller Ranch Road
Pearland, Texas 77584
Page 1 of 1
MATTERS REMOVED FROM CONSENT AGENDA
None
NEW BUSINESS
FIRST READING OF ORDINANCE NO. 509-691 — 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 0.635 ACRES, OUT OF LOT 47
OF THE ALLISON-RICHEY GULF COAST HOME COMPANY, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY,. TEXAS (EAST SIDE OF
MILLER RANCH ROAD, NORTH OF SUMMER BREEZE DRIVE) (APPLICATION NO.
1137) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO
OFFICE AND PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF DAVID H.
MOORE, 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.
Mr. Tobin Maples, Executive Director of Community Services.
Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 509-691 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application No. 1137.
City Manager, Bill Eisen, stated this case involves an existing house on River Ranch
Road. The owner submitted a zoning application for the purpose of using the home for
an office. The Planning & Zoning Commission has forwarded a negative
recommendation. A three-quarters vote from Council is needed to approve the zoning
change.
City Attorney, Darrin Coker, stated in order to approve the zoning change it would
require all three votes from the present Councilmembers.
Councilmember Owens asked what the concern issues where from Planning & Zoning.
Councilmember Tetens stated the area surrounding the property were made up of
subdivisions and R-1 Zoning.
City Manager, Bill Eisen, stated there were concerns regarding the impact of
commercial use adjacent to residential property.
Page 5 of 20 — 2/9/2004
Executive Director of Community Services, Tobin Maples, stated there is some
commercial zoning North of the property. He stated the opposition was due to the
majority of the surrounding area being residential.
A brief discussion ensued among Council and Staff regarding the zoning surrounding
the property.
Voting "Aye" none.
Voting "No" Councilmembers Seeger, Tetens, and Owens.
Motion Failed 3 to 0, with Councilmembers Viktorin and Marcott absent.
FIRST READING OF ORDINANCE NO. 509-693 — 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 1.867 ACRES, TRACT 39A, AND
2.00 ACRES, TRACT 39A1, OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 85, OUT OF THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (2806 MILLER RANCH
ROAD) (APPLICATION NO. 1136) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF KIM DURRETT, AGENT FOR TRINITY LEASING, 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. Mr. Tobin Maples,
Executive Director of Community Services.
This item was withdrawn as requested by the applicant.
FIRST READING OF ORDINANCE NO. 509-694 — 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 1.00 ACRE, TRACT 6A, H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1430
O'DAY ROAD) (APPLICATION NO. 1145) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE
REQUEST OF WILLIAM POSTON, 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. Mr. Tobin Maples, Executive Director of Community
Services.
Page 6 of 20 — 2/9/2004