Ord. 509-581 04-08-02ORDINANCE NO. 509-581
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 .927 ACRES, BEING A PART OF
THE SOUTH'/2 OF LOT 42, ALLISON RICHEY GULF COAST HOME CO.'S
SUBDIVISION, SECTION 8, H. T. & B. R.R. CO. SURVEY, A-504,
ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGES 23-24,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
1025) (2426 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF DENNIS J. WERNER, 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, Dennis J. Werner, Owner, filed on February 1, 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
1
ORDINANCE NO. 509-581
proposed amendment application by, Dennis J. Werner, 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 Estate Lot
Single Family Dwelling District (RE); 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, 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 Dennis J. Werner, 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) is
hereby for all purposes changed and reclassified as Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
.927 acres, being a part of the South'h of Lot 42, Allison Richey Gulf Coast Home
Co.'s Subdivision, Section 8, H. T. & B. R.R. Co. survey, A-504, according to the
map of record in Volume 2, pages 23-24, plat records of Brazoria County, Texas
(2426 Garden Road)
2
ORDINANCE NO. 509-581
IL
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. 509-581
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
March , 2002.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-581
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8 day
of April , 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TO FEE I D
MAYOR
5
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 E issues, as1ollows:
No. __J Date =�-0 20
No. Date - 20 No. Date 20
No. Date 20
No. Date 20
4 gv;,,,
President
subscribe and sworn to before me this day of
0 h2
,S= LAB sr.. A. ;;. �Laura Ann Emmons, Publisher
N.,:f.? Commission Ecp;;E5 Q_3O2 Notary Public State of Texas
Application No.1025
Published Feb. 20 & Feb. 2P
2002
NOTICE OF A. J NT
PUBLIC HEARING OF THE"-.
CITY COUNCIL AND THE 211
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that of
the llth day of March, 2002 '
at 6:30 p.m., the City Counc
and the Planning and Zonin
Commission bf the City c
Rearland, Brazoria,;Harris`
and Fort Bend .Co.nties-
Texas will conduct'.: a Join'.
Public Hearing in -the Courier
Chambers, City Hall, 3511-
Liberty Drive, Pearland'
Texas, on the, request a
Dennis J. Werndr, owner, fa
an amendment to the Lane
Use and Urban Development
Ordinance; of said City trots
Classification Suburban
Development District (SD) to
Estate Lot Single Family
Dwelling (RE) on the following
described property, to wit:
.927 acres, being a part of the'
South 1/2 of Lot 42, Allison
Richey Gulf Coast Home'
Co.'s Subdivision, Section 8'
H.T. & B.R.R.` Co. Survey, Ar
504, according to the map of
record in Volume 2, pgs 23'd
24, plat records of Brazort
Co., TX (2426 Garden Road)
At said hearing all interested'
parties shall have' the right!,
and opportunity to appear and,
be heard onthe subject,
/sfMoria Atrn Phi
Develapmeflt
APPUCATIQN NO,.1025
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 ollows:
No. 1 Date - 7 20 62
No. Date - 20. No. Date 20
No. Date 20
No. Date 20
4 g-0/07....._
President
,ubscnbe and sworn to before me thisday of Ot‘
0 61--
+\
LAURA ,.; A , 8
k4e. Notary atbk , Stale4
oT Texas c-
,:„. Con1111;s.4i0 Eitpres 9-
9-02
r1
e----` F.->w�-�-, Cry
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Application No. 1025
Published Feb. 20 & Feb. 27,
2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
‘PLANNING AND ZONING
COMMISSION OF THE ,
CITY OFPEARLAND,
TEXAS
Notice is hereby given that on
the l lth day of March, 2002,
at 6:30 p.m., the City Council
and the Planning and Zoning
Commission of the City of
Pearland, Brazoria, Harris,
and Fort Bend Counties,
Texas, will conduct a Joint
Public Hearing in, the Council
Chambers, City. Hall, 3519
Liberty Drive, Pearland,'
Texas, on the request of
Dennis J. Werner, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of. said City from
Classification Suburban
Development District (SD) to
Estate Lot Single Family
Dwelling (RE) on the following
described property, to wit:
.927 acres, being a part of the
South 1/2 of Lot 42, Allison
Richey Gulf Coast Home
Co.'s Subdivision, Section 8,
H.T. & B.R.R. Co. Survey, A-
504, according to the map of
record in Volume 2, pgs 23-
24, plat records of Brazoria
Co., TX (2426 Garden Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Ann Phipps.'
k•.ti[tiina
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 10/20/01 ;
X Change in Zoning Classification from: R/ayGTode, to: Ri' ES/JCx/7/19L E
Change in Regulations in Section #:
Specific Use for: * •
Property address: ,2-q, 6 6,eRPLiv RD
Lot: Block:
Subdivision:
Metes & Bounds Description: SEE EXH/1'/ii} ,977 9c//6P
(unplatted property only; attach survey)
Tax I.D. number: BR/q,p,,9 Pip R/7j--99 nee®ow ®c®r' OoVS o®lo
Current use of land: R'5 /I22WW 17/U
Proposed use of land: Re5f®EAr7,46.
Record owner's name: u uE P,- P5Aii /.S 3
Owner's mailing address: gya6 619,QD:if pro
Owner's telephone number: egi7- 75S-=.S%z/a-
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: $ �'�
Date paid: - c'aas---.
Received by: V '
Application number. 1
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Zone Change Application No. 1025
Dennis J. Werner
2426 Garden Road
(SD -RE)
Zone Change Application No. 1025
Dennis J. Werner
2426 Garden Road
(SD -RE)
March 12, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1025
Request of Dennis J. Werner, owner for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to Estate Lot
Single Family Dwelling District (RE) on the following described property, to wit:
.927 acres, being a part of the South 1/2 of Lot 42, Allison Richey Gulf Coast Home Co.'s
Subdivision, Section 8, H. T. & B. R.R. Co. survey, A-504, according to the map of record in Volume
2, pgs 23-24, plat records of Brazoria Co., TX (2426 Garden 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 Todd Iocco made a motion to forward the Zoning Application No. 1025 to City
Council for approval with a second made by Vice -Chairman Donald Glenn.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerel
a/2b1aYUc�cati
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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