Ord. 509-283 02-08-99ORDINANCE NO. 509-283
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 63.679 ACRES OUT OF THE SE 1/4, SECTION 21, H.T.
&B.R.R. CO. SURVEY, A-309 & PART OF A CERTAIN TRACT IN DEED
DATED 11-22-1972, GEORGE P. KELLY TO ROSE M.A. BAGNOLI, VOLUME
1144, PAGES 902, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 518) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT
THE REQUEST OF ESTATE OF ROSE MARIE BAGNOLI, 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, Estate of Rose Marie Bagnoli, owner, filed on the, 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 1 st day of February, 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 ~f 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 2nd day of February, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Estate of Rose Marie Bagnoli, 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 (SD) to
Single Family Dwelling District (R-2); 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 the 8th of February, 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 Estate of Rose Marie Bagnoli, 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 (SD) is hereby for all
purposes changed and reclassi~ed as Single Family Dwelling Distdct (R-2); such property
being more particularly described as:
Being 63.679 acres out of the SE 1/4, Section 21, H.T.& B.R.R. Co. Survey, A-
309 & part of certain tract in deed dated 11-22-1.972, George P. Kelly to Rose
M.A. Bagnoli, Volume 1144, page 902, Deed Records of Barazoria County,
Texas
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. 509-283
PASSED, APPROVED, and ADOPTED on First Reading this
~,_;~t"lA,~,,r,--f ,1998.
TOM REID
MAYOR
day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~ ~ of rdgr u~ r~, ~ee~.~
TOM REID
MAYOR
ATTEST:
T~ARy
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
~ 9/DE-/V filL-
p~ L/EI_-OP/4H, NT' OF
Record owner's name:
I='/iAq/L V I~ ESI f)F/VT/AL-
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
iF3 3 ~ ~ ,--Aor:~ A vF, Br-AuN~/VT/ 7')< 7770~;
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:
Fees paid: $ - /LJ O_/
Received by "/~"~., ,..~,, .
. __ .,_ ....
/
SD SUBURBAN DISTRICT
R--2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED
DISTRICT
DWELLING
80 TO R-2
APP k516 leek lilt
caak~Sint. I ~ OFI
--L ' Change in Zoning Classification from:
Change in Regulations in Section//:
Specific Use for: *
tO:
CONSENT AGENDA
ITEM E
ORDINANCE NO. 509-283
Property address:
Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:/_
DE,/v t TY
Record owner's name:
:$i/Y61,-F-- FAM//Y' PE~/n,F-,VT/AC Owitua6~,
Owner's mailing address:
Owner's telephone number:
Agent's mailing address:
Agent's telephone number: qo~, - ~/q }. - 3 ~i 6
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:
paid: $
Received by:
·
t!
" N
· I
SD
R-2
R-3
SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE
DISTRICT
MEDIUM DENSITY SINGLE
DISTRICT
FAIrlILY
FAMILY
DWELLING
DETACHED
DWELUNG
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
No. Date
q?
19
19
No. Date
19
No. Date
19
Subscribe and sworn to before me this"
19 ~
day of ~
:":~i:::MIS$1ON'O F' TH"'~ITY OF
'~PEARLAND, TEX~E"~.;'~'~ ."~.
': '!: "~:Notice is hereby give~ t
'~ '~.~.the first day of F~bruary' 19~
'~. ~t. 6:30 p.m., th{ City~ Council
~'"'~d the Planning an~l Zoning
Commission of the.City of
TeXas, on
NahasTExecut
..Owner, for
the Land-'
De~/elop!
said
padie
and opp<
· be heard on'the,,~
t
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties =
!, Randy Emmons, hereby certify that th:e notice hereby appended was published
in Brazoria and Harris Counties in THE, REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date /- 2. D 19 9 ~
No. Date 19
No. Date 19
No. Date
No. Date
19
19
Subscribe and sworn to before me this;'
19 ~.<~
day of
~",~"',~ L
, ~,, AURA A. EMMON~ ,
Notar~23J.~li.C, State of Texas
COUNCIL AND THE PLAN-.
~IiNG AND.;~ONING
MISSION ~F YHE.'~ITV' O'F
PEARkAND; TBXA$ ..... ........
.:O'O0~t ~;' Te~s: "will ~ndl
~' Joint Public Headng in ~ '.":'
~ouncil Chainbern, Ci~ H. ':~:
3519 Libe~y Drive, Peada[
;'~exas, on the
~Nahas, Executor,
~ose Marie Barnoil
owner, for an amendment
~he Lend Use
Deve~q~
bf
ORDINANCE NO. 509-283
2 January1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 518
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, January 1, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban Development (SD)
to Single Family Dwelling District (R-2) on the following properties, to wit:
Application No. 518
Owner:
E~ate ofRoseMarie'Bagnoli
Jack Nahas, Executor
4835GladysAvenue
Beaumont, TX77706
Legal:
Being 63.679 acres out of the SE 1/4, sect. 21, HT& B RR Co.
Survey, A-309 & part of a certain tract in deed dated 11-22-1972,
George P. Kelly to Rose M.A.. Bagnoli, Vol. 1144, pg. 902, Deed
Records of Brazoria Co., TX
The motion was made by Commissioner Scott and seconded by Commissioner Beltz to approve
each of the applications listed above.
The motion to approve passed unanimously (4-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
Planning & Zoning Commission
City of Pearland