Ord. 509-709 04-26-04ORDINANCE NO. 509-709
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
1.5 ACRES OF LAND SITUATED IN LOT 77 OF FIGLAND ORCHARD
SUBDIVISION OF A PART OF SECTION 13 OF THE H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 240 AS RECORDED IN VOLUME 3,
PAGE 77, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(LOCATED ON THE WEST SIDE OF WAGON TRAIL ROAD, AND
SOUTH OF BARDET STREET) APPLICATION NO. 1153) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF
EVANGELOS GOLFIS, 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, Evangelos Golfis, Owner, filed on January 20, 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 15th of March, 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 17th day of March, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Evangelos Golfis, Owner, whereby
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ORDINANCE NO. 509-709
the Commission's recommendation to approve a change of classification failed for the
property described in Exhibit "A" from its existing classification of Suburban
Development District (SD) to Neighborhood Service District (NS); 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 April 12, 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 Evangelos Golfis, 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 Neighborhood Service
District (NS), such property being more particularly described as:
1.5 acres of land situated in Lot 77 of Figland Orchard Subdivision of a part of
Section 13 of the H.T. & B.R.R. Company Survey, Abstract 240 as recorded in
Volume 3, Page 77, of the Plat Records of Brazoria County, Texas (Located on
the West Side of Wagon Trail Road, and South of Bardet Street).
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
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ORDINANCE NO. 509-709
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.
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.
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ORDINANCE NO. 509-709
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
Apri 1 , 2004.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of April , 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Change in Zoning Classification from: -J to: 00/S
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: AC.ijo Z CLANA_
Subdivision: 1aa:)I O R 1 A R_r)
Lot: 77-
Block:
Tax I.D. Number: - 1 0 0 0 l.Z 9f) d 0
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): IiJ/A
Future/proposed use of property and reason for zone change:
Ogg -
PROPERTY OWNER INFORMATION:
NAMEis-/.3
ADDRESS,LAW
CITY P P-.LAN STATE TA ZIP 775V
PHONE(_) R 97. 9 73
FAX( _) 9q7= 0/06
E-MAIL ADDRESS AM C. U 1 N.iC ®1 ,Nit Ci3+^1
APPLICANT INFORMATION:
NAME
ADDRESS .2Ap31 .2AUI .1-A,v <.
®z�
CITY PCARP NO STATE -r ZIP 775g,
PHONE( V/ ) 997 9973
4'97- I
E-MAIL ADDRESS AM Cu- In C-P0-1$^%• Cor'`-')
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:, AA:.) L7/9 • 6-9
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID:_.
RECEIVED BY:
vv DATE PAID: l/ olO/ Ol f
APPLICATION NO. 1 /' 3
LOCATION MAP
Zone Change Application No. 1153
Owner: Evangelos Golfis
West Side of Wagon Trail,
and South of Bardet Street 0 200 400 Feet
(SD -NS) l i i i 1 i
N
W+E
s
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 • a5" 20 Al_____
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
• 111.R,•! 1 A IF_•.•. • 001. 1•• 11 .}-1♦ . 111.-.1.
ac
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Feb. 25 & March 3,
2004
THENCE South along and
NOTICE OF A JOINT with the center of County
PUBLIC HEARING OF THE Road 555 a distance. of 99.9
CITY COUNCIL AND THE feet to a point for corner;
PLANNING AND ZONING
COMMISSION OF THE CITY THENCE South 89 degrees
OF PEARLAND, TEXAS 5g.minutes West at a distance
of 30.0 feet pass a 3-inch iron
APPLICATION NO. 1153 pipe in the West line of
County Road 555 and contin-
Notice is hereby given that on ue on same course for a total
March 15, 2004, at 6:30 p.m., distance of 660.0 feet to a 3-
the City Council and Planning inch iron pipe for corner;
and Zoning Commission of
the City of Pearland, in THENCE North along and
Brazoria, Harris and Fort with the West line of said
Bend Counties, Texas, will Tract 77, a distance of 99.0
conduct a joint public hearing feet to an iron pipe for corner;
in the Council Chambers of
City Hall, 3519 Liberty Drive, THENCE North 89 degrees
Pearland, Texas, on the 59 minutes East at a distance
request of Evangelos Golfis, of 630.0 feet pass an iron
owner, for anamendment to pipe in the West line of
the Land Use and Urbarr County Road 555 and contin-
Development Ordinance of ue on same course for a total
said City from classification distance of 660.0 feet to the
Suburban Development PLACE OF BEGINNING.
District (SD) to Neighborhood Said tract contains 1.5 acres
Service District (NS), on the of land.
following described property,
to wit: (Located on the West Side of
Wagon Trail Road, and South
1.5 acres of land situated in of Bardet Street)
Lot 77 of Figland Orchard
Subdivision of a part of At said hearing all interested
Section'13 of the H.T. & parties shall have the right
B.R.R. Company Survey, and opportunity to appear and
Abstract 240, as recorded in be heard on the subject.
Volume 3, Page 77, of the
Plat Records of Brazoria Is/ Theresa Grahmann
county, Texas, and being Planner I
more particularly described by
metes and bounds as follows:
BEGIN at a point in the center
of County, Road 555 from
which point the Northeast cor-
ner of said Lot 77 bears North
a distance of 115.Q feet for
the Northeast corner of the
herein described 1.5 acres of
land and also the place of
beginning; _
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. I Date 3-2 20 O
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
=
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Feb. 25 & March 3,
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.1153
Notice is hereby given that on.
March 15, 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 Evangelos Golfis,
owner, for an amendment to
the Land Use and Urban
'Development Ordinance of
said City from classification
Suburban Development
District (SD) to Neighborhood
Service District (NS), on the
following described property,
to wit:
1.5 acres of land situated in
Lot 77 of Figland Orchard
Subdivision of a part of
Section 13 of the H.T. &
B.R.R. Company Survey,
Abstract 240, as recorded in
Volume 3, Page 77, of the
Plat Records of Brazoria
County, Texas, and being
more particularly described by
metes and bounds as follows:
BEGIN at a point in the center
of County Road 555 from
which point the Northeast cor-
ner of said Lot 77 bears North
a distance of 115.0 feet for
the Northeast corner of the
herein described 1.5 acres of
land and also the place of
beginning;
THENCE South along and
with the center of County
Road 555 a distance of 99.9
feet to a point for corner;
THENCE South 89 degrees
59 minutes West at a distance
of 30,0 feet pass a 3-inch iron
pipe in the West line. of
County Road 555 and contin-
ue on same course for a total
distance of 660.0 feet to a 3-
inch iron pipe for corner;
THENCE North along and
with the West line of said
Tract 77, a distance of 99,0
feet to an iron pipe for corner;
THENCE North 89 degrees
59 minutes East at a distance
of &30.0 feet pass an iron
pipe in the West line of
County Road 555 and contin-
ue on same course for a total
distance of 660.0 feet to the
PLACE OF -BEGINNING.
Said tract contains 1.5 acres
of land.
(Located on the West Side of
Wagon Trail Road,'and South
of Bardet Street)
At said hearing all interested
parties shall have the right
and opportunity j6 appear and
be heard on the subject.
is/ Theresa Grahmann
Planner
March 17, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1153
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Development District (SD) to Neighborhood Service District (NS) on the following
described property, to wit:
Legal Description: 1.5 acres of land situated in Lot 77 of Figland Orchard Subdivision of a part of
Section 13 of the H.T. & B.R.R. Company Survey, Abstract 240, as recorded in Volume 3, Page 77, of
the Plat Records of Brazoria County, Texas (Located on the West Side of Wagon Trail Road, and South
of Bardet Street)
At a regular meeting held on March 15, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Linda Cowles made a motion to forward Zone Change Application No. 1153 to City
Council for approval with a second made by Vice -Chairperson Sheryl Greiner.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Owner:
Evangelos Golfis
2431 Laura Lane
Pearland, Texas 77581
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