Ord. 509-552 12-10-01 ORDINANCE NO. 509-552
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 LOT H, WESTGATE PARK
SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1007)
(2550 WESTGATE STREET) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF RONNIE P. MOELLER AND JOHN A. MOELLER, OWNERS,
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, Ronnie P. Moeller and John A. Moeller, Owners, filed on September
24,:2001, 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 12th of November, 2001, 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 2813 and 28.4 of
Ordinance No. 509 and
WHEREAS, on the 13th day of November, 2001, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Ronnie P. Moeller and John A. Moeller,
1
ORDINANCE NO. 509-552
Owners, 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 Commercial District (C) 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 December 10, 2001, 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 Ronnie P. Moeller and John A. Moeller, Owners, presented which, in the
judgment of the City Council, would justify the approval of said application, now, therefore,
BE IT ORDAINED BYTHE 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 Commemial District (C), such property
being more particularly described as:
Lot H, Westgate Park Subdivision, Brazoria County, Texas (2550 Westgate Street)
I1.
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
2
ORDINANCE NO. 509-552
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.
Ill.
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.
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ORDINANCE NO. 509-552
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10 day of
December ,2001.
TOM REID
MAYOR
ATTEST:
// -//
(.~lq-Y SF, CRETARY f/ "'
PASSED, APPROVED, and ADOPTED on Second and Final Reading this :tO day
of December ,2001.
TOM REID
MAYOR
ATTEST: ~
4
ORDINANCE NO. 509-552
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEAR. LAND
ZONE CHANGE APPLICATION
revised 5/9100 ,~.
__ Change in Zoning Classification from: -q ]-~ to:
__ Change in Regulations in Section
__ Specific Use for: *
Lot: '~/
Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: ~ '~
Proposed use of land within requested designation:
Owner's mail~g ad&ess: ~/ ~.
Owner's telephone nmber: ~ff/ ~ ~
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature: Agent's signature:
Fees paid: $ t)~). ...-o / Date paid: ~ / ~
Received by: Applica onnumber:
,
~ J~lipper LN
ZONE CHANGE APPLICATION NO. 1007
Ronnie P & John A. Moeller
2550 Westgate Street
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..:puSlished
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rcuration in Brazoria and Harris Counties, for / issues,~as folJows:.
No. Date 2Q ....
No, Date -- '20,
No. Date _ 20
No. Date 20.
*' ~'/~resldent
bscribe and sworn to before me this ~5' day of
Notary Publ~as ~ \\'~
-. ....
U~b~n Oe~e.lai~e~t or~li~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South P~rk
Pearland, Texas 77581
:ate of Texas
· azoria 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
culation in Brazoria and Harris Counties, for / issues?as follows:. ,
No. 7' Date /¢)' $/' 2Q. ~!
No. Date. 20
No. . Date '20 .
No. Date .20 - · -
No.. Date 20_
" /~re~,dent
)scribe and sworn to before me this / day of
· · . .- .,.
November 13, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TItE CITY COUNCIL ON ZONING APPLICATION
NO. 1007
Request by Ronnie P. Mueller and John A. Mueller, owners for an amendment to the Land Use
and Urban Development Ordinance of said City from Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
Lot H, Westgate Park Subdivision, Brazoria Co., TX (2550 Westgate Street)
Honorable Mayor and Council Members:
At a regular meeting held on November 12, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Kevin McDonald and seconded by Commissioner Russ
Selemon to forward Zoning Application No. 1007 to City Council for approval.
Motion to approve passed 6 to O.
This is submitted for your consideration·
Sincerely, ~
· Charles Viktorin, Chairman
Planning & Zoning Commission