Ord. 509-477 07-24-00ORDINANCE NO. 509-477
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 CHURCH
ON THE FOLLOWING PROPERTY, TO-WIT BEING A 5 ACRE TRACT BEING
THE EAST ~ OF LOT 19, ALLISON RICHEY GULF COAST HOME
COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. &
B.R.R. CO. SURVEY, A-564, ACCORDING TO THE MAP OR PLAT
RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 926 & SPECIFIC USE NO. 82)
(BROADWAY STREET BETWEEN KIRBY ROAD & CR 48) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT - SPECIFIC USE (RI-S) AT THE REQUEST OF
KEITH ANDERSON, AGENT FOR WEEMS & COMPANY, INC. FOR F.
CARRINGTON WEEMS II, ALEXANDRA L. WEEMS, F. CARRINGTON WEEMS
III, & MATHILDE S. WEEMS, 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, Keith Anderson, agent for Weems & Company, Inc. for F. Carrington
Weems II, Alexandra L. Weems, F. Carrington Weems III, & Mathilde S. Weems, Owners, filed
on May 3, 2000, 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 12th of June, 2000, 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 20th day of June, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Keith Anderson, agent for Weems & Company, Inc. for F.
Carrington Weems !1, Alexandra L. Weems, F. Carrington Weems III & Mathilde S. Weems,
Owners, 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 - Specific Use (R1-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 July 10, 2000, 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 Keith Anderson, agent for Weems & Company, Inc. for F. Carrington Weems II,
Alexandra L. Weems, F. Carrington Weems III & Mathilde S. Weems, 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:
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 Single Family Dwelling District - Specific Use
Permit (RI-S); such property being more particularly described as:
A 5.00 acre tract being the East ~ of Lot 19, Allison Richey Gulf Coast Home
Company's Suburban Gardens Subdivision of Section 80, H.T. & B.R.R. Co. Survey,
A-564, according to the map or plat recorded in Volume 2, page 98, plat records of
Brazoria County, Texas (Broadway Street between Kirby Road & CR 48)
2
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.
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.
ORDINANCE NO. 509-477
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
July ,2000.
ATTEST:
UyNG L~i~F~I(~G/- ~/~
S E(7,P, ETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of July
,2000.
TOM REID
MAYOR
ATTEST:
~/yTY SF~ETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
, mil
Pmpamed uee M Im"gll within ~e~.ue_._i~l dereliction:
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/PETITION; As owner/agent. I hereby petlUo- the ¢.~ty fo~ al~CO..-m ot the ,boy. de~m~mi ~ ~
~ provided by the Imw$ of {he Stati of l'~xal ~ O(~llnla~.~l o( ~ City ~f Peldand. ~3~ t ~ use
/ P,~mtl m<We~t to a, ow m mmlde~lat u~e in · retain,, zo.. (OP. NS. OB). I admawk~ge thet such yea
2
I~RON2)WA¥ STI~IZ~*T
11
12
13
15
2B
ZONE CHANGE
FROM
8D TO
Mca926 Jr SU 82 ~ SHEET
MAY, 2000 ~NOR'Z::I~I '-500'
/
B)~C,. ]IJMIUNSOI~ 00-8038 OF I
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 and Harris Counties, for / issues, as follows:
No. // Date ~ 2. ~
No. Date
No. Date
No. Date
20 b-o
No. Date
20__
/President
Subscribe and sworn to before me this
her
as
PUBLIC H~AR{flG'OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
'oF PEARLAND, TEXAS
Notice is herebY given that on .
the i2thdaY o'f j~e. 20~0 at
~ 6:30 p,m., the City Council
~ an~ the~Pian~i~ ~Zoning ~
Comml~s~ ~,~:Gity of:
Pea~~; ~s and
FO~ ·Texas ~
~ Hea~:~; 'ae council
· ~; An~ ~weems a
~ Ordin~n~ of sei6~ty from
C
l~s~ificetion ~uburb~n
DeVel~ment Diet,or (SD); ~o
~ Single F~mily Dwelling Dist~
I (~.S}for ~ SPeoificu~e
Permit en'~ .the following.
112 of Lot ~: kiliS~nRichey
Gu~ Coast Home ComP~s
Suburban G~rdens
Subdivision of Section 80,
H,T. & B.R.R. Co. suwey, A-
~t sa~~~erested
pa~t~~e right
and ~~ea~ and
be hea~ on the sub~~.
/~Young Lorfing ~ .
/ SpEcIFIC USE pERMIT
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 and Harris Counties, for / issues, as follows:
No. / Date ~~ "' 20 ~
No. Date 20 __
No. Date 20
No. Date 20
No. Date 20 __
President
Subscribe and sworn to before me this
20 ~
day ~/__.
:INOTICE .OF iA: JONT
PUBLIC HEARING OF 'THE
' CITY COUNCILAND THE
PLANNING AND ZONING
CoMMISSiON oF THE Cl~
OF PEARI, AND~ TEXA,$::
N0t~ce ~s hereby givsn t~ii
the 12th day of dunel
6:30 plmi, the G tYC~
~d t~ P~i~, ~d ~.
CommissiOn of the CJ~ ~f
Peadand, Brazoda, Har~
Fo~ Bend' Counties~
;~ will.condUct :a :j%t ~
'Hearing in the C~
chambers, CitY Hal¥~
Liberty * Drive,: pe~
;mexas, on the ~eqUest ~
~dem®, agent fOr W~
~mpany, Inc,, .oWner/~
amendment to the La~
:a~ Urban Oe~elo~nt
O~inance ~of said
~C~:ssificatiOn = sUb~an
· ~elOpment District (~
~!~le Family DWelling ~
(~.S) fora
~:~it: Onthe::
eu~
...... ~m~t to :the~nd ~e
~nceOf said City,em
' C.la~ificPtion Subd~ban
,D~Pment DistriCt (SD} to
General BUsinesS Distr~t
.(GB). on the .fOIlewing
Id~ pmpe~, tO wit:
Bei'ng Tract 10, OUtof'and
part ~ the co~mercl~
resewe of Block 17, S~tion
3, West Lea SUbdiv s o~', as
reCorded in Vol; 12, Pg;
araz°ria.CO, plat recbrds,
BraZoria Co;,* TX (4109
. UanVel Road).. .
At said healing all interested
pa~ties shall .hPve the right
June20,2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 926 AND SPECIFIC USE NO. 82
Request of Keith Anderson, agent for Weems & Company, Inc. for F. Carrington Weems
H, Alexandra L. Weems, F. Carrington Weems Ill & Mathilde S. Weems, 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 (R1-S) Specific Use
on the following described property, to wit:
A 5 acre tract being the East ~A of Lot 19, Allison Richey Gulf Coast Home Company's
Suburban Gardens Subdivision of Section 80, H. T. & B. 1LR. Co. survey, A-564, according
to the map or plat recorded in Vol. 2, pg 98, plat records of Brazoria Co., TX (Broadway Street
between Kirby Rd & CR 48)
Honorable Mayor and Council Members:
At a regular meeting held on June 19, 2000, alter a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to
recommend approval of Zone Change Application No. 926 with Specific Use No. 82.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Mary Sta/l~, Chairman
Planning & Zoning Commission