Ord. 509-568 02-25-02ORDINANCE NO. 509-568
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 11, OUT OF LOT 20, ALLISON
RICHEY GULF COAST HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R.
COMPANY SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1022)(7205 CLIFF STONE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-1) AT THE REQUEST OF KEVIN T. MORTON, 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, Kevin T. Morton, Owner, Owner, filed on January 14, 2002, 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 11th of February, 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
WHEREAS, on the 12th day of February, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-568
regarding the proposed amendment application by, Kevin T. Morton, 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 February 25, 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 Kevin T. Morton, 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:
Lot 11, out of Lot 20, Allison Richey Gulf Coast Homes Subdivision, Section 9, H.
T. & B. R.R. Company Survey, A-234, Brazoria County, Texas (7205 Cliff Stone
Road)
ORDINANCE NO. 509-568
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. 509-568
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 25 day of
February 2002.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-568
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day
of March 2002.
ATTEST:
GL
SEC-ETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION ti
revised 10/20/01 •
,/ Change in Zoning Classification from:
to: Rt
Change in Regulations in Section #:
Specific Use for: *
'7Zor c 1; Cf-
Property address:
Lo + 20 C+ FL,�
Lot: Block: C c J T" �','v �, 1�1s s b,�,
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
72J-et
Subdivision:
Current use of land:
Proposed use of land: �s , ct
Record owner's name: ')K
Owner's mailing address:
I t/vl r- o ►-�
-7 2,0 s- v i- C t
Owner's telephone number: ( Z d r) `f c - r' H
Agent's name:
hJ
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 c ent and future uses on properties in my vicinity.
Owner's signatur
Fees paid: $
Received by:
Agent's signature:
Date paid: r ` " -nQ
Application number: " ODD.
Citylimits
ZONE CHANGE APPLICATION NO. 1022
Kevin T. Morton
7205 Cliff Stone Road
(SD-R1)
W+E
Citylimits
ZONE CHANGE APPLICATION NO. 1022
Kevin T. Morton
7205 Cliff Stone Road
(SD-R1)
W+E
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, eslollows:
No. i Date /— 23 20 O"?
No. Date - 20
..:,
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
'0 02,
............
LAURA A F7'
0INotary Pubfic , Steie of Texas
Commission Exp'.res 9-9-02 tl
aq
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Application No. 1022
Published Jan. 23 & Jan. 30,
2002
NOTICE OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL AND THE.
PLANNING ANO.ZOOK
:
COSSASSICW OF Tf %
CITY OF PEARLAND;
TEXAS
Notice: is hereby given that on
the l lth day of February,
2002, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort fiend
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,;
3519 Liberty Drive, Pearland.
Texas, on the=requestof;
Kevin T. Morton, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification ;Suburban
Development Distinct (SD) to
Single Family,, Dwelling
District (R.1) on ftie following
described property, to wit:
Lot 11,=out of L 20, Alliso%
Richey Gulf CQ*st l omea;.
Subdivision, . 9, T.
B.R.R. Co,;Str
BrazonatCo,(7205 Cliff
Stone Road)
At said hearing interested
parties shall ha —the right
and oppertunity to appear and
be heard on the subject.
IsI Mona Ann Phipps
Development Coordinator
APPUCATION NO, 1022
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
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, >es follows:
No. ( Date /- 20 OZ
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
President
subscribe and sworn to before me this 3 / day of
0 60—
ti
3.1";" Commission�"�''�5 ° -02 o Notary Public, State of Texas
Laura Ann Emmons, Publisher
Application No. 1022
Published Jan. 23 & Jan. 30,
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 that on
the _11th,day of February
2002, at 6:30=p.m., the:: City
Counccil,and the, panning and,,
Zoning Commission of the
City;of Pearland, Brazoria,_
Harris and u Fort. Bend;
Counties, Texas,; will nd t
a Joint Public,
Council Char*Ti �Rlty Hal ,
3519 Liberty Drina, `Feartand,
Texas, on the'request^of
Kevik TMort er, tier
nd.
Use and Urban Development
Ordinance of roid7.OBy.from
ClassificationK ;"Suburban_;
Development Disafc }lln) to;)
Single Family Dwef
District (R-1) on the foliowing
properly,
Lt
i•
t,11,.out of Lot 20, Alhsgn
ahey,Gulf• Coast,Homes'I
ivissi ►„ 9, }I 7-8
R.=Oo. Sur ey, A-234
oria Co., TX (7205 Cliff
Road) I _
rd t eating aII interested I
be head on thist bject.
/s/ Mona Ann Phipps
Development Cemedinator
tPP4IN Ntt'. �Q
February 12, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1022
Request of Kevin T. Morton, owner for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to Single
Family Dwelling District (R 1) on the following described property, to wit:
Lot 11, out of Lot 20, Allison Richey Gulf Coast Homes Subdivision, Section 9, H. T. & B. R.R. Co.
survey, A-234, Brazoria Co., TX (7205 Cliff Stone Road)
Honorable Mayor and Council Members:
At a regular meeting held on February 11, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Robert Scherrer to forward Zoning Application No. 1022
to City Council for approval with a second made by Commissioner Kevin McDonald.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
(171
-
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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