Ord. 509-700 03-22-04ORDINANCE NO. 509-700
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 38, 39, 40, AND 41, BLOCK 16,
PEARLAND TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND
NORTH OF BROADWAY STREET) (APPLICATION NO. 1150) FROM
CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY
DWELLING DISTRICT (R-1) AT THE REQUEST OF JACK MCGUFF, JR., AIA,
AGENT FOR DIANA LECLERE, 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, Jack McGuff, Jr., AIA, Agent for Diana LeClere, Owner, filed on
January 15, 2004, 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 February, 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 23rd day of February, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Jack McGuff, Jr., AIA, Agent for
1
ORDINANCE NO. 509-700
Diana LeClere, Owner, whereby the Commission recommended to approve a change of
classification for the property described in Exhibit "A" from its existing classification of
Multi -Family District (MF) 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
March 8, 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 Jack McGuff, Jr., AIA, Agent for Diana LeClere, 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:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Multi -Family District (MF) is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-1), such
property being more particularly described as:
Lots 38, 39, 40, and 41, Block 16, Pearland Townsite (West Side of Washington
Avenue, and North of Broadway Street).
2
ORDINANCE NO. 509-700
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. 509-700
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 8th day of
March , 2004.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-700
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22nd day of March , 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
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:
j Change in Zoning Classification from: MF to: R,
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: N /-OY%P55 tjj,11 it/W0,.\)
Subdivision: PEARL -AO° -MI-4 1)'E
Tax I.D. Number:
Lot: 381439,44i 41 Block: I1
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): U A i M 13ii2
Proposed use of property: R€51 O5 ►\TI A
PROPERTY OWNER INFORMATION:
NAME V ( ►fir tt! A L 1V 1�
ADDRESS
CITY 1 MLA11-O STATE ZIP 7758 r
PHONE( O- I ) 94 U
FAX )
E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION:
NAME JALK Me- Cal^r,Joe-
ADDRESS 5 2 OF b ADO wa y208
CITY P Aid1aN)12 STATE 71/4/, ZIP1156
PHONE(1f)1 �j)_ 4 ;40
FAX( 2g f' ) 48 rj 1-1 J t
E-MAIL ADDRESS ►Y�<Ivif€,664- j)ob6J
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:D f — 1'f '0
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID: t4 9• '756° DATE PAID: I — IJ'Dq
RECEIVED BY: APPLICATION NO. 1150
IN
IN
•
MIN
z
03
0
0
rn
W Jasmine ST
MOM iiiiii
MMI
-MNMI mil4211
-'-
z
k
11111111 N 411111111
3
O 0
O n
0
0)
y
m
W Broadway
LOCATION MAP
Zone Change Application No. 1150
Owner: Diana LeClere/Jack McGuff, Jr.
West Side of Washington Avenue
(MF - R1)
0 200
1 1 1 1 1
W+E
400 Feet
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:
No. 1 Date /' Zg 20 #
No Date 20
No Date 20
No Date 20
No. Date 20
ins _
President
Subscribe and sworn to before me this/ day of
20�
Notary Public, State of Texas
Published Jan. 28:& Feb. 4,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
-COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO.1150
Notice is hereby given that
on February 16, 2004, at
6'30;p.m., the, City Council
and Planning and. Zoning
Commission of the City of
Pear#and, in Brazoria, Harris
and fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall; 361.9
Liberty Drive, Pearland,
Texas, on the request of
Jack McGuff, Jr., applicant
for Diana LeQlere, Owner,;
for an amendment t0 the
Land .Use and Urban
Development Ordinance of
said City from classification
Multi -Family District.(MF) to
Single Family Dwelling
District (R-1), on the follow-
ing described property, to
wit:
Lots 38, 39, 40, and 41,
Block 16, Pearland
Townsite (West Side of
Washington Avenue, and
North of Broadway Street)
At said hearing all interested
parties shall have the right
and opportunity to appear;
3 c`:
Abe heard on the "sub-
ject..
is/ Theresa Grahream
Planner 1t -.
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:
No / Date d - a 20 _OY
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this day oftel.
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb. 4,
2004
NOTICE OF 'A ` JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND,TEXAS
APPLICATION NO. 1150
Notice Is hereby given that on
February 16, 2004,.at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, 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 Jack
McGuff, Jr., applicant for
Diana LeClere, owner, for an
amendment to the Land Use
and Urban Development At said hearing all interested
Ordinance of said City from, ,parties shall have right
classification Multi -Family and opportunity to appear and
District (MF) to Single. Family be heard on the subject.
f Dwelling District (R-1), on the N Theresa Grahmann
following described property, planner#
I' to wit:
Lots 38, 39, 40, and 41, Block
1 16, Pearland Townsite (West
r Side of Washington Avenue,
and North; of Broadway
Street)
February 23, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1150
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Mutli-Family District (MF) to Single Family Dwelling District (R-1) on the following
described property, to wit:
Legal Description: Lots 38, 39, 40, and 41, Block 16, Pearland Townsite (West Side of
Washington Avenue, and North of Broadway Street)
At a regular meeting held on February 16, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1150 to City
Council for approval with a second made by Commissioner Linda Cowles.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner:
Diana LeClere
2534 Country Club Dr
Pearland, Texas 77581
Applicant: Jack McGuff, Jr., AIA
5208 Broadway Street, Suite 208
Pearland, Texas 77581
Page 1 of 1