Ord. 509-265 12-14-99ORDINANCE NO. 509-265
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 12.498 ACRES OUT OF THE SE 1/4, SECT. 21, H.T. & B.
R.R. CO. SURVEY, A-309, AND PART OF A TRACT DESCRIBED IN DEED
DATED 11-22-1972, GEORGE P. KELLY TO ROSE M.A. BAGNOLI, VOL. 1144,
PG. 902, DEED RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 519)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JACK NAHAS,
AGENT, 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, Jack Nahas, agent, filed on September 9, 1998, an application for
amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urt~an
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 23rd day of November, 1998, a joint public hearing was held befare
the Planning and Zoning Commission and the City Council of the City of Pearland, Te~<as,
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.z. of
Ordinance No. 509; and
WHEREAS, on the 23rd day of November, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Jack Nahas, agent, 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-3); 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 December 14, 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 Jack Nahas, agent, 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) to Single Farlily
Dwelling District (R-3); such property being more particularly described as:
Being 12.498 acres out of the SE 1/4, Sect. 21, H.T. & B. R.R. Co. Survey, A-
309, and part of a tract described in deed dated 11-22-1972, George P. Kelly
to Rose M.A. Bagnoli, Vol. 1144, Pg. 902, Deed Records of Brazoria Co., TX
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 b~;en
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 adopied
herein promotes the health, safety, and general welfare of the public and is a proper w~lid
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 1his
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 prepare~l 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.
3
ORDINANCE NO. 509-265
PASSED, APPROVED, and ADOPTED on First Reading this
,~,~~ ,1998.
TT,EST:
Y, JNG
,,y~~ S~
of
tq/
day of
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
b~r~b~ ,1998,
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
... clay
CH'Y OF PEARLAND
ZQNI': CHANGE AlqqACA'I'iON
"" rt:vised 3."5!96
......................................................................................................
Change in Zoning Classification from: ~ D to: /~ 3
Change in Regulations in Section//: ....
.. Specific Use for: *
Property address: 5 ~E A TTAC-t'f'-E Z9 N. E7/~5
CONSENT AGENDA
ITEM F
ORDINANCE NO. 509-265
Lot: ..,Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
I.,. OU/ PF-AtS ITY~
/q EE ~ / O EN'T'/AL
D S V E Z--o f ?qS/VT OF I) E TACttETD .51N b t.t:: FAPt / L- F R ~' ,S i D I;N TIAL D FEI..UN b ~ .
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
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: gent's g '
Date td
9 ................ r.7 .................... ',
' ' /;'., A,'~pl'c~ t'
Fees paid: $ -
!: Rc,'cv,~:,! i'~"" "" '
, . ;... _...'.. ..
10
11
¢fiY Illlff LINE
ZONE
ZONE SD
1A-2A
II I
ZONE SD
ZSNE
SD
R-3
SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE
DISTRICT
FAMILY
DETACHED DWELLING
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cumrnir~gs, hereby cerl. ify that the nol. ice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS", a ncwspaper ol gcncral
circulation in Brazoria and Harris Counties, for . / ..... issues, as
No.
No.
Date:
O a[e
Date
No.. .......................Date
19
19
19
19
19
,, ';: Notary PUb,
:..
! !Laura
Subscribe and sworn robefore me:'t, liis
Editor
'day ol~ ~])~.
'L~ 'HEARING OF,THE?CiTy.
AND~ ZONING COM'::
pMSmmOH OF" i E Err ' .0F.
ARLAND, TEXAS:' ",..'
.: . ' ' . . .: .~.
Notice is/~ereby give~"~,~ii:~n"
the 23rd~a~/:df Nbvemb~r,.
:1998 at'6:30 P.n~ ..the ci~".'
~' Counc landthe Planning
:~ily of PeaHind;. Bra;~0ria
"~arris courities, Texas, w
donduct a joint PUbliC
~earing in .the Council
Chambers City Hall, 3519.
L:iberty "Diive::' Pea'dan'd;.
Texas, on the request' of Jack
Nahas: EXecUtor, agent'for
Estate o!..Ros.e.' M.~rfe~Ba'gnoli,
(}wner,
: the' Lan~'i
j.'.De,Yelopm~fi~, of '
to Rose'M
AFFIDAVIT .OF PUBLICATION
The Pearland Reporl. er News
2404 Soul:h Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cumrnir~gs, hereby certify l:hat the no[ice hereby gppended was publisr~ed
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counl. ies, for / Issues, as follows:
No. Dal:e
No.
Date
No. Date
No. _ .............. Date
19
19
19
day o[ .
$
the 23rd day of November,
;; 1:998~ at ~:~0p;m;;~the:City
Council and the Planning and
Zoning .Commission of the
Ci~ of Pearland, Bmzoda and
Harris Counties, Texas, will
conduct a Joint. Public
"' Hear ng in the Council
I" ~ Chambers, City Hall, 3519.
' Liberty Drive, Pearland,
~.' .~.Te~as, o~ the' rNU~t of Jack
'~NahaS,..6xi~ut6~,' ig'ent for'
~ "pwner, f~r an amendment to
; ;the Land Use 'and Urban
' IDevelopment Ordinance of
'Said City. from Classification
':':., ~'~'~"': ... ' '~: ~:'.~: ';'. '~.'j~.:E:.:
At~l~, ..... ..~
23 November 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Application No. 519
The above referenced zone change application was reviewed by the Planning
and Zoning Commission at a regular meeting on Monday, November 23, 1998.
The owner 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-3) on the following described property, to wit:
Legal Description:
Being 12.498 acres out of the SE 1/4, Sect. 21, H.T. & B.
R.R. Co. Survey, A-309, and part of a tract described in
deed dated 11-22-1972, George P. Kelly to Rose M.A.
Bagnoli, Vol. 1144, Pg. 902, Deed Records of Brazoria Co.,
TX
Owner:
Estate of Rose Marie Bagnoli
Agent:
Jack Nahas, Executor
4835 Gladys Avenue
Beaumont, Texas 77706
The motion was made by Commissioner Jack Mathis and seconded by Commissioner
Emil Beltz to approve the zone change application request listed above.
The motion to approve passed 3-0 with one (1) abstention.
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,
~rr, Chairperson
Planning & Zoning Commission
City of Pearland