Ord. 509-293 03-29-99 ORDINANCE NO. 509-293
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 LOCATED ON BEING LOT 12 & THE EAST 1/2 OF LOT 11,
BLOCK 3, CAS-CON ACRES, BEING THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509,
VOLUME 5, PAGE 127, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 620) (6225 COTTONWOOD) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING (R-l) AT THE REQUEST OF JAMES
SANDLING, 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 Sandling, owner, filed on October 19, 1998, 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 15th day of March, 1999, 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 22"d day of March, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by James Sandling, 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 Single Family Dwelling
( 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 March 29, 1999, 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 Sandling, 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 (R-l); such property
being more particularly described as:
Lot 12 & the East 1/2 of Lot 11, Block 3, Cas-Con Acres, being the Northwest
1/4 of the Southwest 1/4, H.T. & B.R.R. Co. Survey, Section 14, A-509, plat
records of Brazoria County, Texas (6225 Cottonwood)
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 herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-293
PASSED, APPROVED, and ADOPTED on First Reading this
t~c,~ch ,1999.
ToM REID
MAYOR
day of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this/-2.~/day
of ~ f/~/L-- ,1999.
TOM REID
MAYOR
ATTEST:
L/"'/'u~'f/ET~,~''~
ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
_ Change in Regulations in Section #:
_ Specific Use for: *
~,s & Bounds Description:
,latted property only; attach survey)
Subdivision: 0____~ Q, oM. ~ F.---.;~
I.D. number:
posed use of land within requested designation:
Lord owner's name:
~ner's mailing address:
wner': telephone number: ~/' '
genUs name: jVff3r-
,gent's mailing address:
tgent's telephone number:
~ETITION: As owner/agent, I hereby petition the City for approval of the above described request as
rovided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
ermit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
lay be incomp. atible with current and future uses on properties in my vicinity.
Fees paid: $ U/G Date paid:/C//'~ Iq~'/
~Rcccivcd by:~~ Apphcatton numl~r ' ~
5......:.
3
JEKKTL, I'~3 1
LARRYCREST DR.
pATRIDGE' DR.
15
/I
RD.
5
RAZA
20
ZI:)NE R-1
ZI)NE R-1
SD
R-1
C
SUBURBAN DISTRICT
LOW DENSITY SINGLE
COMMERCIAL DISTRICT
FAMILY
DWELLING DISTRICT
8D TO R-1
"""~" "" ~:~::~'
mm It; J.F..B. I ~"~
med e, O. SMITH
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
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19
resident
day of
er
Notary Public, State ~as
LIC HEARING OF"i'I~Ii-,CITy
;.COUNCIL AND:THE PLAN-
'~NING"AND'.ZO~iNG COM-
MISSION OF THE CIT, Y OF
pEARLAND, TEXAS
the 22rid .day of Februa.ry,
1..~99, at 6:3.,0 p.m., the Ciiy
~uncil and.. the Ranning and
Zoning Commission of the
· C!ty of Pearland, Brazo~ia and
Harris Counties; .Texas, will
1;enduct a'. Joint Public
Rearing' in the Council
Chambers,.City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
James W. Sandling, owner,
'fo~ an amendment to the Land
-US~) and Urban Development
.Cj~jrlance .~f .said Cty .from
:.,.=.., , .: '..:....
Lot 12 & E l/2of. Lot '11,'BIk.
3, Cos-Con Acres subdi-yiei~t,
ein: the NW. 1/4
./4i H~F& .B-RR
"':i~ ":' '~~""
..... .-, , ;'-? . ~!,.'
b.e h....eard 'o/~:,'"""~"":"'~
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- -- / LP 19 ~ '~
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
day of
L",;.,,o, er
'.PEARLAND, TEXAS
'.Notice is hereby 9iven that On
i,.T,:'~e 22rid day of February/;'
~.:~999, at 6:30 p.m, the'City
~ouncil and the P annin~ and
~Dni'~:g' Oommispion of the
~i~ ~Pearland, B~o~a and
~arris: C~U~ties: 'TexBs, 'will
~'~jondu~t.,. a. a~ nt pub .c
~.~earin~ in .the Council
"'Chambers, Cit~ Hall, 3519
:~iberty Drive';-~:Pearland;
Texas, on the 'request of
.~ames W. SandHn~,'ow~er,.
' an amendment to the ~Od
and U~an DevelOpment
~.' ofsaia'Clty:i~
I~ssification Suburban
AFFIDAVIT OF" PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, her. eby 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 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
President
,2.~" dayof
N~)TICE OF A JOINT PUB-
LIC HEARING OF THE CITY
LCOUNCIL AND THE' PLAN-
MISSION OF THE CITY OF
:~~AFiLAND, TEXAS, · -~
:,~d the ~lanning a~d zoning
· ~ommission of the City oL
Pearland, BraZoda' and Hardg~i
'~;'!!0u nties.: TeXa~, .will Co ndU~ !!
~to nt Public 14ear ng n"'l~
i~:,: i 9 Ubertyi~i;PeaHa.di
.~xas~ -on:. the; ~-request 'of
.~mes: W:; SandUng/~ owner;:
~an:amendmenf'to'-the Land'
:. Uie and Urban Development
'.:O.~dinance of said City from
. Classification Suburban
O'~.velopment (SD) to Single
.' F.'.~,ily Dwelling District (R-l)
;:ei~the following described
~d~:Of~BraZoria Co., TX
'~:~E~ said headng all interested
i~ eS~Shail 'ha~e: the right
: ~ Op~u~ to appear and
~ hea~ on the subject.
March 22, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 620
Request of James Sandling, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development (SD) to
Single Family Dwelling District (R-l) on the following described property, to wit:
Lot 12 & the E 1/2 of Lot 11, Blk. 3, Cas-Con Acres, being the NW 1/4 of the SW
1/4, HT& B RR Co. Survey, sect. 14, A-509, Vol. 5, pg. 127, plat records of
Brazoria Co., TX (6225 Cottonwood)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 15, 1999, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Jack Mathis to
approve Application No. 620.
Motion to approve passed 6 to 0.
'This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
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 ,-~"'Z 19 ~'~
No. Date 19
No. Date 19
No. Date 19
No. Date 19
~President
Subscribe and sworn to before me this
day of L~C/~ '
·
A A. E~ONg
,~jl~t,~lt.f ~ic State ~ T,?.y.3~
~m~~~ 'lisher
XaS
.*~lC HEARING OF HE CiTY
, :,.Q. OUNCIL ANn THE PLAN-
NING AND ZONING COM-
· MISSION OF THE CITY' OF
'FEARLAND, TEXAS'
'~N~ti¢~;l~ h'~reby givBn~ffibt
:the 15th day of March, 1999,
cat 6:3Q p.m., the City Council,
: and the Planning andZoning
' Commissibn of the City of
'Pearland, Brazo'ria and Harris
Counties, Texas, will conduct
. a Joint Public Hearing in the
Council Chambers, City Hall,
~519 Liberty Drive, Pearland,
Texas, on the request of'
~lames W. Sandling, owner,
"~or.an amendrnent"'to:tl~e Land
'~ ~:Use and. 'U~oah 0e*velopment
; OrBinahc~ of ~aid!' Ci.tY 'from