Ord. 509-285 02-22-99 ORDINANCE NO. 509-285
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 LOT 17, BLOCK 4, WAGON WHEEL
SUBDIVISION, ACCORDING TO THE MAP OR PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 583) (6207 JERRYCREST)
FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
CAROLYN PANOS, 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, Carolyn Panos, owner, filed on October 13, 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 8th 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 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 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 Carolyn Panos, 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 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 22, 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 Carolyn Panos, 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:
Lot 17, Block 4, Wagon Wheel Subdivision, according to the map or Plat
Records of Brazoria County, Texas (6207 Jerrycrest)
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
2
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. 509-285
PASSED, APPROVED, and ADOPTED on First Reading this ~ day of
~2m'°'~ ,1999. ~'~,,,~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~S;>~'''j/L day
of C~2/~~ ,1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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'~.!~,.. ',: ',d.
JChange in Zoning Classification from: .,~ O to:
__ Change in Regulations in Section//: _
__ Specific Use for: *
: .",N~F',T
'.!MB
Property address:
Lot: j
Metes 6: Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation: ~ c~ i' n ~ ./~.
.
' vd~"/{ /// ;C \
n eee ~'~j )
Owner's mailing address:
Owner% telephone number:
Agent's name:
Agent's mailing addr.ess:
Agent's telephone number: /~) f~
PETITION: As owner/agent, 1 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 iacompatible with current and future uses on properties in my vicinity.
Owncr's s. ignatureC~
Fees paid:
Rcccivcd by:
P~Agcnt's sig~turc: AJ
Date paid: /C~ ·
EXHIBIT
ZONE SD
N
C~
<C
1 B_OCK 4
24
200'
ZONE R-1 OYP-)
5 BLCCK 5 J
BECsKY/~~,,,~,
20 ' C"fF'.)
DRIVE --
24- ZONE SD
20
BLOCK 3
12
LARRYCREST DR.
5
O// ·
1 12 Ig
rY'
15 13 4~m
ZONE R-1 F--
10
12
20
2~)NE R-1
/-,
13
5
BLOCK 2 15 13 1
PATRIDGE DR.
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
;~ONE CHANGE
FROM
Ib.~8,~ Seele~ SHEET
DEC,,, lggB ~:1"-2~' 1
~ O. ~ gs~ OF 1
AFFIDAVIT OF'PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
EXHIBIT
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 / -. 7_ ~ 19 ~'~
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this'*
19 z~
day of ~
~~~ai~E~ 'Jblisher
xas
,,~ce is hemby.given that
~.:~'.'~30' ~.~.; *(~e Ci~ Coun~l
E~hd'the Plannln~ and Z~i~.
t~ 'Lana 'o'se' and:Urban
O~elo'~meht' Ordinance
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..-.-..',.? c ~7~ .' '~t~"
. .. ~ .,~] r
'. ':; ' ~he. subject.
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
No. Date
19
19
Subscribe and sworn to before me this
19
sident
day of ('~-/yAJ
~Fs';~ hsher
Public, .. as
~: · · 'h.~y gi.'~'! ~h~t' 'o.'
.~ 6~'30~.'p.m~,~he ~i~ ~ouncil
~" d* [h~ e~in~ ~u, Zoning
~9.::Eib~ad~e~.P.~ and
~1 d th f
~';~'&"'~a'rOlyn Panos,
~'n.er,' for an' amendment to
is'L'and Use and U~ .~
:~ "' . . .~. : . ,,
'~ acCOrding to the
'[a~o~i~" Cp.,' TX '(6207
', :;......,;.~, .' .'.
~'~ .~- i:,havethe .g.-
'~ ~ ~" ~'" to appear and
h.. ~6n the subject:
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......
9 February 1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 583
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, February 8, 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-1 ) on the following properties, to wit:
Application No. 583
Owner:
Carolyn Panos
P.O. Box 1733
Pearland, TX 77588
Legal:
Lot 17, Blk. 4, Wagon Wheel subdivision, according to the map
or plat records of Brazoria Co., TX (6207 Jerrycrest)
The motion was made by Commissioner Lopez and seconded by Commissioner Mathis to approve
each of the applications listed above.
The motion to approve passed unanimously (5-0).
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, /~"
M~ 'O n
Planning & Zoning Commission
City of Pearland