Ord. 509-575 04-08-02 ORDINANCE NO. 509-575
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 AND GRANTING A SPECIFIC USE PERMIT FOR A DETENTION
POND TO BE BUILT ON THE FOLLOWING PROPERTY, BEING 3.545 ACRES,
BEING TRACT 29A AND PART OF LOT 29B,. H. T. & B. R.R. COMPANY
SURVEY, A-304, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 103)
(WOOTEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE
(SD-(S)) AT THE REQUEST OF CHAD MOSS OF PROPERTY COMMERCE
DEVELOPMENT COMPANY, AGENT FOR WINNIFRED WOOTEN, 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, Chad Moss of Property Commerce Development Company, Agent for
Winnifred Wooten, Owner, filed on February 12, 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 March, 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 March, 2002, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Chad Moss of Property Commerce Development Company, Agent
for Winnifred Wooten, Owner, whereby the Commission recommended and approved a
ORDINANCE NO. 509-575
change of classification for the property described in Exhibit "A" from its existing classification
of Suburban Development District (SD) to Suburban Development District - Specific Use
(SD(S)); 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 25, 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 Chad Moss of Property Commerce Development Company, Agent for Winnifred
Wooten, 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:
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) to is hereby
for all purposes changed and reclassified as Suburban Development District - Specific Use
Permit (SD(S)); such property being more particularly described as:
3.545 acres, being Tract 29A and part of Lot 29B, H. T. & B. R.R. Company Survey, A-
304, Brazoria County, Texas (Wooten Road)
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
2
ORDINANCE NO. 509-575
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.
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.
3
ORDINANCE NO. 509-575
PASSED, APPROVED, and ADOPTED on First Reading this 25 day of March
2002.
TOM REID
MAYOR
ATTEST:
iT 0 N ~--~II~G ~ ~
Y S'ECRETARY'
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8 day of
Apri 1 ,2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
CITY OF PEAR]LAND
· .' .. ZONE .CHANGE APPLICATION
_, _ Change in Zoning Classification from:
Change in Regulations in Section #:
× Specific Use for: · '-neVe~tion Po~d
· ' to:
Property address: See Attached
Lot: Block: I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: Vacant Land
Proposed use of land: Detention Pond
Record owner's name; W±nn±£red Wooten
Owner's mailingaddress: ?.0. Bo× 1682, ?ear'land, Te×as 77588 - 1682
Owner's telephone number:
_Agent's name: Chad Moss,
· Agent's mailing address; 7676
Property Commerce
Woodway, Suite 280,
Houston, TX 77063
Agent'stelephone number:
713-860-0607
PETITION: As owner/agent. I hereby petition the City for approval o! the above described request as
provided by the laws of the State of Texas and Ordinances of Ihe City of Peatland. '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 )ropedies in my vicinity, _
Owner's signatu .r/el'"-'"""" Agent's signature
Fees paid: $ --~,~,~.' -? ~ . ~::::> Date paid:--rA- ~ "~- ~ ~ __
Received by: Applicatio.n ndhrlb~l;: ' I 0 ,~ ~
Ho
Specific Use Application No. 103
Winnifred Wooten
Chad Moss ~ Property Commerce Dev. Co.
Wooten Road
(SD-SD(S))
SD
SD
SD
SD
SD
SD
SI
SD
C
C
GB
SD
C
Specific Use Application No. 103
Winnifred Wooten
Chad Moss @ Property Commerce Dev. Co.
Wooten Road
(SD-SD(S))
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria a~d 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
.~irculation in Brazoria, Harris & Galveston Counties, for ( issues,.'.:ab.<fo]lows:
No. J Date ,2-_..2..o 20 '.O L_
No. Date
No. Date
No. Date
No. Date
· 20 '
20--
President
;ubscribe and sworn to before me this
day of ~
~o O~
Laura Ann Emmons, Publisher
Notary PubliC, State of Texas
Specific Use Permit No. 103
Published Feb. 20 & Feb, 27,
2002
NOTICE OF A J0ii~ '
PUBLIC HE~ING OF THE
CITY coUN(~II?AND THE
PLANNINGANDZONING
COUMi$~I~N OF THE
CITY OF~EARLAND
TEXAS * ·
Notice is hereby given that on
the !1th day of Mamh, 2002,
at 6:30 p.m., the City Councils
and the Planning and Zoning
CommisSion of the Cty of
Pearland: Braz0ria, Harris
and Fort Bend Counties,
Texas, will conduct'a Joint
Public Hearing in tlae Council:
Chambers, CityHalt, a519
Liberty Drive, Pearlend,
Texas, on the request of
Chad Moss of Property
Commerce Development
Company, agent for Wi~nifred
Wooten, owner, for a Specilic
Use Permit for a detention
pond on the. following
describec~ property, to wit:
3.545 acres being Tract 29A
& part of Lot 29B, H.T. & B.
R.R. Co. Survey, A-304,
Brazoria Co., TX (Wooten
Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject. -
/s~ Mona Ann Phipps
-:l~V~t~inator
SPECIFIC U~E PEHMIT
APPUCATION NO. 1~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria a~d 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
=irculation in Brazoria, Harris & Galveston Counties, for [ issues,-~aS~oilows:
No. / Date ~ ' ;,,1- --7 20 42.
No. Date
No. Date
No. Date'
No. Date
20 , ,
20--
President
;ubscribe and sworn to before me this
0
day of' ~
Laura Ann Emmons, Publisher
Notary PubliC, State of Texas
Specific Use Permit No. 103
Published Feb. 20 & Feb. 27,
2002 '
NOTICE O;A,~JOINT
puauc H~;i~ OP THE
CITY COUNCII~,AND THE
PLANNING ~NI~ ~ONING
COMMIS$10,N O?THE
CITY OF PEAI~i~AND,
TEXAS
NOtice:is hereby g~n that on
the 11th day of U~h, 2002:,
at 6:3o p,n , the Council
and the Planning and Zo~dg,
Commission of th~,CttY of
Pearland, Brazo~iei- Harr~
and Fort Bend,
Texas,'will co"duC~ JoJ~
Ch~mb~ers, 'City
Liberty ~Drive, Pea~,
Te~S, on the requ~t
Chad MOss of PrO~rtY
Use Permit for ~ ~detenflon
pond on the' following
desCH~ pm~, to wit:
3.545 acres being Tra~t 2~A
& pa~.of Lot 29B 'H;T.
R-.R. Co. Survey, A-304,
Brazoria Co., TX (Wo0te~
Road)
At said hearing all interested
parties sba!! have.the right
and opl~unity:to appear and
be heardon the subject.
/s/Mona Ann Phipps '. ~
SPEClRC USE PERMIT
APPUCATION NO. 103
March 12, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 103
Request of Chad Moss of Property Commerce Development Company, agent for Winnifred
Wooten, owner for an amendment to the Land Use and Urban Development Ordinance from
classification Suburban Development District (SD) to Suburban Development District-Specific
Use (SD(S)) for a detention pond on the following described property, to wit:
3.545 acres, being Tract 29A and part of Lot 29B, H. T. & B. R.R. Co. survey, A-304, Brazoria Co.,
TX (Wooten Road)
Honorable Mayor and Council Members:
At a regular meeting held on March 11, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above-mentioned request.
Commissioner McDonald made a motion to table the Specific Use Application No. 103 until the
developer and the owner of the land settle any disputes with the tenants. Commissioner Sederdahl
seconded the motion.
Motion to table failed 1 to 5.
Voting Record:
"Aye" - Commissioner Selemon.
"No" - Chairman Viktorin, Vice-Chairman Donald Glenn, Commissioner's Iocco, McDonald, and Sederdahl.
Commissioner Iocco made a motion to forward Specific Use Application No. 103 to City Council for
approval with a second made by Commissioner Sederdahl.
Commissioner Iocco stated that in the first chapter of the ordinance it states that the Commission is
to look out for the safety and morals of the citizens. Mr. Iocco stated that he would like to make a
motion to table the motion for approval until they receive written notification from the owner, Mrs.
Wooten, stating that something has been worked out. Commissioner Selemon seconded the motion.
Motion to table the motion for approval failed 3 to 3.
Voting Record:
"Aye" - Commissioner's Iocco, McDonald, and Selemon.
Page 1 of 2
"No" - Chairman Viktorin, Vice-Chairman Glenn, and Commissioner.
Chairman Viktorin called for a vote on the original motion for approval.
Motion to approve passed 4 to 2.
Voting Record:
"Aye" - Chairman Viktorin, Vice-Chairman Glenn, Commissioner's Iocco and Sederdahl.
"No" - Commissioner's McDonald and Selemon.
This is submitted for your consideration.
4 incerel. y, _ [~ ,, A ( ~.~ , ~ / A I ~,
.Cha~rle~Ch[i52
Planning & Zoning Commission
HCV~mg
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