Ord. 509-181 02-23-98ORDINANCE NO. 509-181
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 BEING LOT 9, BLOCK 13, WEST LEA SUBDIVISION, SECTION 3,
H.T.&B.R.R. CO. SURVEY, SECTION 16, A-546, AS RECORDED IN VOL. 12,
PC. 23 OF THE DEED RECORDS OF BRAZORIA CO. TX (APPLICATION NO.
245)(361 8 WINGTAIL WAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-
1) AT THE REQUEST OF JAMES W. & MELANIE BAGLEY, III, 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, James W. & Melanie Bagley, III, owner, filed on November 21, 1997, 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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 26th day of January, 1998, 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 27th day of January, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by James W. & Melanie Bagley, III, owner, whereby the
Commission recommended and approved a change of classification for the property
1
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 9, 1998, 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 James W. & Melanie Bagley, III, owner, facts were 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) is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-l); such
property being more particularly described as:
Being Lot 9, Block 13, West Lea subdivision, Section 3, H.T.&B.R.R. Co.
Survey, section 16, A-546, as recorded in Vol. 12, pg. 23 of the deed records
of Brazoria Co. TX (361 8 Wingtail Way).
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.
2
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-181
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
February , 1998.
TOM REID
MAYOR
A'I'FEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of Fe}orUary ,1998.
A'I'FEST:
TOM REID
MAYOR
APPRO ' RD NA ES yTO FORM:
23rd day
,'Ts- NlitiFk \ \ \ \ .kINK,I.: ,,,!, \. kit \ \\,\..,\,\, ‘:‘ ., 'Z, '‘\
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Change in Zoning Classification from: S U to: R -
Change in Regulations in Section #: A"/'
Specific Use for: * i //
Property address: 34,1 8 i.p.4ta,y idat / 40�� a ' 44.
Lot: 9 Block: (3 Subdivision: tthaiiitei, 4. 8„ 3
Metes & Bounds Description: •
(unplatted property only; attach survey) /itet / e _
. .
Tax I.D. number: A//8
Proposed use of land within requested designation: atAird.e.a(74,4
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Record owner's name: /,,
.
Owner's mailing address: 2/03 elZGQ.ei Pe 4 7 7581
Owner's telephone number: 2 4)f-i//j0 9 Z Z .
Agent's name: N /q
Agent's mailing address: /f/ ff
Agent's telephone number: (v /fi
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: /,�ii %; i / Agent's signature: /1 /fi-
/
/
Fees paid: $ Date paid: //1 02 / 9
Re
ceived
cd by:
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City of Pearland,Texas
JAMES a MELANIE BAGLEY
ZONE CHANGE
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SD SUBURBAN DISTRICT SD TO R-1
APPNo.: 245 stoic SHEET
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I,.Joan Cummings, 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 1 issues, as follows:
No. / Date 1 '' 7 19 lg
No. Date 19
No. Date 19
No. Date 19
No. Date 19
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Subscribe and sworn to before me this Z day of I-eh
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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. 1 Date / " 1 / 19 Y8
No. Date 19
No. Date 19
No. Date 19
No. Date 19
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Editor
Subscribe and sworn to before me this Z day of Fes.
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PEARLAND
T E xi
A S
January 27, 1998
sr. g9
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 245.
Request of Mr. James W. & Melanie Bagley, III, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City from Classification Suburban Development
District (SD) to Single Family Dwelling District (R-1) on the following described property,
to wit:
Being Lot 9, Block 13, West Lea subdivision, Section 3, HT &B RR Co. Survey, section 16,
A-546, as recorded in Vol. 12, pg. 23 of the deed records of Brazoria Co. TX (3618 Wingtail
Way)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on January 26, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Vice Chair Emil Beltz,and seconded by Tommy Scott to approve Application
No. 245.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Si erely,
/". ' P
Pat Lopez, Chrm•.1
Planning & Zoning Commission
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 •www.ci.pearland.tx.us