Ord. 509-565 01-28-02ORDINANCE NO. 509-565
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 2.071 ACRES OF LAND, OUT OF
LOT 53, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 9, H. T. & B. R.R. COMPANY SURVEY, A-234, BRAZORIA
COUNTY, TEXAS, AS RECORDED IN VOLUME 2, PAGE 24, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1018)(7010 W. CLIFFSTONE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-1) AT THE REQUEST OF CLAUDETTE SMIKLE, 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, Claudette Smikle, Owner, Owner, filed on December 6, 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 14th of January, 2002, 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
1
ORDINANCE NO. 509-565
WHEREAS, on the 15th day of January, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Claudette Smikle, Owner, 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 January 28, 2002, 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 Claudette Smikle, Owner, presented which, in the judgment of the City
Council, would justify the approval of said application, it is therefore,
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 Suburban Development District (SD) to is
hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1);
such property being more particularly described as:
2.071 acres of land, out of Lot 53, Allison Richey Gulf Coast Home Co. Subdivision,
Section 9, H. T. & B. R.R. Company Survey, A-234, Brazoria County, Texas, as
recorded in Volume 2, page 24, plat records of Brazoria County, Texas (7010 W.
Cliffstone Road)
2
ORDINANCE NO. 509-565
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. 509-565
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 28 day of
January ,2002.
ATTEST:
CRETA
TOM REID
MAYOR
4
ORDINANCE NO. 509-565
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day
February , 2002.
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
IChange in Zoning Classification from: SD to RI
Change in Regulations in Section #:
Specific Use for: *
Property address:7010 W. Cliffstone Road
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
SUBMITTAL INFORMATION: Attach a plot plan or survey showing the location, size, relationship of
all existing structures to boundary lines.
Current use of land:
Proposed use of land:
Record owner's name: Claudette Smikle
Owner's mailing address: 7010 W. Cliffstone Road, Pearland, TX 77581
Owner's telephone number: 713-416-9227
Agent's name: N/A
Agent's mailing address: N/A
Agent's telephone number: N/A
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 in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible current uses
son properties in my vicinity.
i
Owner's signature: / � %��
Fees paid: $ aisr <
7
Received by:
r
LI Agent's signature:
g g
Date paid:
P-
(DI
Zone Change Application No. 1018
Claudette Smikle
7010 W. Cliffstone Rd
(SD-R1)
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
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, Harris & Galveston Counties, for / issues, as follows:
No. t Date /a _,?t 20 d/
No. Date 20
No Date 20 y_
No. Date 20
No. Date 20
President
bscribe and sworn to before me this day of -
CC
nt�kjr f� I�c gn, TAU , her
o S
Commission Expires 9-9-02 t�
fLegas
Application No. 1018
Published Dec. 28 200n:'&
Jeri 51002
NOTICE OF A JOINT =i
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 14th`day of January,
2002, at 6:30 p.m., the City
Council and the PIannin ane
.Zoning COinmissrisn 'the
City Of Pearbitid, eraz6ria,
Harris and Fort Bend
Counties, Texas, will conduct
a JointPublic Hearing in the
Council' Chambers, City HaU,'
3519 Liberty Drive, Peadand,
Texas, on the request<of
Claudette Smikle, 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:
2.071 acres of land, out of Lot
53, Allison Richey ,Cuff Coast
Home Co. Subdivision,
Section 9, H. T. & B. R.R;`Co.
survey, A•234, Bra orta Co•,
TX, as recorded in Vol 2, pg
241 plat records of Brazoria
Co., TX (7010 W. Cl'rffstone
Rd)
At said hearing all interested
parties shall have the right
and opportunity to appear: and
be heard on the set
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State 'of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;irculation in Brazoria, Harris & Galveston Counties, for / issues, as -knows:
No. J Date /- -- 20 t L
No. Date 20
No. Date 20
No. Date 20
No. Date 20
ibscribe and sworn to before me this
t3
lNct ryPubc,StaieA )e
Con
4 y,a xN� V Texa,
f
Commission
Exp;res S-9_G2 t�
President
day of
oLD
Laura Ann Emmons, Publisher
Notary Public, State of Texas
APPLICATION No. 1018
Published Dec. 26., 2001 &
Jan. 2, 2002
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 14th day of January,
2002, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria
Harris and Fort
Counties, Texas, will, duct
a Joint Public He ring in the
Council Chambers, City Hall,
3519 Liberty'Drive, Pearland,
Texas, 'on the request of
Claudette Smikle, 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:
2.071 acres of land, out of Lot
53, Allison Richey Gulf Coast
Home Co. Subdivision,
Section 9, H. T. & B. R.R, Co.
survey, A•234, Brazoria Co.,
TX, as recorded In Vol2, pg
24, plat'riOtitis of Brazoria
Co., TX (7010 W. Giiffstone
Rd)
At said hearing all interested
parties shall have the right
and opportunity` to appear and
be heard on the subject.
Isl Mona Ann Phipps
Development Coordinator
APPUCA ON NO.1048
January 15, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1018
Request by Claudette Smikle, owner for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Single
Family Dwelling District (R-1) on the following described property, to wit:
2.071 acres of land, out of Lot 53, Allison Richey Gulf Coast Home Co. Subdivision, Section 9, H. T.
& B. R.R. Co. survey, A-234, Brazoria Co., TX, as recorded in Volume 2, page 24, plat records of
Brazoria Co., TX (7010 W. Cliffstone Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 14, 2002, which was immediately after a Joint Public
Hearing, the Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Kevin McDonald to forward Zoning Application No. 1018
to City Council for approval with a second made by Commissioner Todd Iocco.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely, I�
Y
H. Charles Viktorin, Chairman
Planning & Zoning Commission
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