Ord. 509-582 04-22-02 FailedFAILED 4/22/02
ORDINANCE NO. 509-582
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 LOTS 12-15, BLOCK 2, COLONIAL
ESTATES SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1030) (3610 MCLEAN) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-1) TO NEIGHBORHOOD SERVICES DISTRICT
(NS) AT THE REQUEST OF PRAVIN AND JAGDISHBHAI PATEL,
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, Pravin and Jagdishbhai Patel, Owners, filed on March 5, 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 8th of April, 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 9th day of April, 2002, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Pravin and Jagdishbhai Patel Owners, whereby the
1
ORDINANCE NO. 509-582
Commission recommended and a denial of classification for the property described in
Exhibit "A" from its existing classification of Single Family Dwelling District (R-1) to
Neighborhood Services District (NS); 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 April 22, 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 Pravin and Jagdishbhai Patel, Owners, 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 Single Family Dwelling District (R-1) is
hereby for all purposes changed and reclassified as Neighborhood Services District (NS);
such property being more particularly described as:
Lots 12-15, Block 2, Colonial Estates Subdivision, Brazoria County, Texas
(3610 McLean)
2
ORDINANCE NO. 509-582
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.
ORDINANCE NO. 509-582
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 day of
, 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-582
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
IIHIC t)'-4 Gt7UG 1 1 •..lV r ,-' '—,
CITY OF PEARLAND
ZONE CRANGE APPLICATION
revised le/ 0M
XChange in Zoning Classification from: to:
Change in Regulations in Section #:
Specific Use for: `
Property address: / 4
t_otV, / 3, NA -Block: 62.
rate /. ,77-Y.
G44 /`cj s t/i , Sid fZ-
Subdivision:
�i�►iwr� w•�•
Metes & Bounds Description: {,
R tta property Description:
sure:fey) • ,. ,
(unpRa.l�d pr op�, .y only attach
Tax W. number:
-urreiit use of !and: Vace'ilt / reside
r .
Record owner's name:i
1-e--
r j�' f� e L� r� la
Owners mailing address: 4 % d.e2 S . v� e
LOwner's telephone number: C7/ 91 % - .' LS
Proposed use of land:
Agent's name:
(jevvjce 's a ot 4 Lam ' Cc
R. R•� dress: ,, / Pena v /c•x.7?SAgei u s mailii Rg add ess.� �- e1SW P� P" �'i
Agent's telephone :number: C71 3) / 7'
PETITION: As owner!enent, t hereby -petition the City.for approval.of the above described request as
provided by the laws of ►he State of Texas and Ordinances of the City of Pearland, *On a Specific Use
Permit request to allow a residentiat use ire a business zone•(OP, NS: GB), t acknowledge that such use
may be incompatible current and future uses on properties in my vicinity.
Owner's signature: ;_ _ , . _ �,� Agents signature
Date paid: S
Fees paid: $ , 5 Q12
Received by:
Application number;
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Zone Change Application No. 1030
Pravin & Jagdishbhai Patel
3610 McLean
(R1-NS)
W E
Zone Change Application No. 1030
Pravin & Jagdishbhai Patel
3610 McLean
(R1-NS)
w
N
s
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April 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1030
Request of Pravin & Jagdishbhai Patel, owners for an amendment to the Land Use and Urban
Development Ordinance from classification Single Family Dwelling District (R-1) to
Neighborhood Services District (NS) on the following described property, to wit:
Lots 12-15, Block 2, Colonial Estates Subdivision, Brazoria Co., TX (3610 McLean)
Honorable Mayor and Council Members:
At a regular meeting held on April 8, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Vice -Chairman Donald Glenn made a motion to forward Zoning Application No. 1030 to City
Council for denial. Commissioner Russ Selemon seconded the motion.
Motion to deny passed 4 to 0. (1 abstention)
Voting Record:
"Aye" — Chairman Viktorin, Vice -Chairman Glenn, Commissioner's McDonald and Selemon.
Abstention made by Commissioner Scheirer.
This is submitted for your consideration.
Sincerely,
V)e14,i/
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
Page 1
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 follows:
No. / Date 3- ID - - -20 .z_
No. Date - 20 -
No Date 20
No Date 20
No. Date 20
ubscribe and sworn to before me this
O01—
President
day of
1490,; LAURA A.
`� ' Notary Public, State . ,�a
',+; 21..1.^/ Commission Expires 9-9-02
1
nn Emmons, Publisher
Public, State Of Texas
Application No. 1031
Published ,March 20 &
March 27, 2002,
NOTICE OF A
PUBUC'HEAR ®F
THE C1TY CO IL AND
THE PLANNING AND
ZOHINGOMAMON
OF THE OF
PEARLAND, TEXAS
Notice is hereby given that
on the 8th day of April,.
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
Carolina. Hernandez, owner,
for an amendmentto the
Land; . Use and Urban
Development Ordinance of
said City from Classification'
Suburban Development
District (SD) to Estate Lot„
Single Family Dwelling
District (RE) on the follow-
ing described property, to'
wit
2,5736 acres, being the
North 112et Lot 25, recxud-
etf 1n yolume 306, page
379, deed records ' of
Brazoria-Co.,, TX, Allison
Richey GullCoast Home
Co. Subdivision, H. T. & B.
R.R. Co. survey, A-219,
Brazoria Co, TX (O'Day
Road)
•
At said hearing all interest-
ed parties shall have the
right and opportunity„to
appear and be heard :on the
subject
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 follows:
No. / Date 20 L
No Date - 20
No. Date 20
No Date 20
No. Date 20
subscribe and sworn to before me this
'1��,l. s Notary Public., Etat .; ` mar
`‘',.:,° Commission Expires
P 9-9-02
day of
nn Emmons, Publisher
Public, State f Texas
Application No. 1031
Published March 20 & March
27,2002
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 8th day of April, 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 Hatt, 3519
Liberty Drive, Pearland,
Texas, on the request of
Carolina. Hernandez, 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
District (RE) on the following,
described property to wit;
2.5738 acres, being the -North
1/2 of Lpt'25, recorded in
Volume 306, page-379, deed
records of Brazoria'Go., TX,
Allison Richey Gull Coast
Home Co. Subdivision, H. T.
& B. R.R. Co. surrey, A-219,
Brazoria Co., TX:"(O'Day
Road)
At said hearing all interested
parties s0aflhave.the-right:�
and opportunity to appear and
be heard on the subject. i
Is/ Mont l nnPhtpps
Development Coordinator
APPUCATION NO,1031,