Ord. 509-247 11-09-98 ORDINANCE NO. 509-247
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 IN THE CITY LIMITS OF THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 344, 365, 366) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF
SUCH REAL PROPERTY, 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, the Owners have filed an application for amendment pursuant to Se~ :tion
28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the Cih, for
approval of a change in the land use as provided for in said Section 28, said property being
legally described in the original applications for amendment attached hereto, and ma :lea
part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 12th day of October, 1998, a joint public hearing was held b~,~fore
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 Exhibil "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 19th day of October, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regardinc~ the
proposed amendment application by the owners, whereby the Commission recommer ,ded
and approved a change of classification for the property described in Exhibit "A" fror q its
existing classification of Suburban Development District (SD) to Single Family Dwelling (I .1-1);
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 October 26, 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 the owners, facts were presented which, in the judgment of the City Courcil,
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 in the City Limits of the City of Pearla~d,
Brazoria County, Texas, within the corporate City limits of the City of Pearland, Texas, and
presently classified as Suburban Development District (SD) is hereby for all purpo.ses
changed and reclassified as Single Family Dwelling (R-l).
1. Application 344: Robert B. & Mary Louise Freiley
1411 Michael Lane
Pearland, TX
Lots 9 & 10, BIk. 4, Hickory Creek Place subdivisions, HT & B RR Co. survey, S~;ct.
7, A-219, according to the plat recorded in Vol. 11, pg. 1, plat records of Brazo-ia
Co., TX (1411 Michael Lane)
2. Application 365:
Karen & George Ritchey
1855 CR 93
Pearland, TX
A 10.009 ac. parcel being all of Lot 57, Allison Richey Gulf Coast Home Co.
subdivision, Sect. 85, HT & B RR Co. survey, A-304, according to the plat in Vol. 2,
pg. 107, plat records of Brazoria Co., TX
3. Application 366:
Karen & George Ritchey
1855 CR 93
Pearland, TX
Part of Lots 45 & 55, being 13.28 ac., in the Allison Richey Gulf Coast Home Co.
survey, Sect. 85, A-304, recorded in Vol. 2, pg. 107, plat records of Brazoria Co., TX
?
II.
The City Council of the City of Pearland finds and determines that the recitatio~ ~s 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 mandate ;s of
law in the posting and presentationof this matter to the Planning and Zoning Commi.~ sion
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendm -~nt
adopted herein promotes the health, safety, and general welfare of the public and is a pr ~per
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinan~ .'e is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, .'~uch
portion shall be deemed a separate, distinct, and independent provision and such hol :ling
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 Dity.
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 reclassificl ~tion
of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-247
PASSED, APPROVED, and ADOPTED on First Reading this
, 1998
TO~FREID
MAYOR
ATTEST:
~U~SG ET,~~
CI S
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~'~bV'¢lr'~be--Y" ,1998.
TOM REID
MAYOR
ATTEST:
~~NSRETF~
__ day
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
,,
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...... ~',,,,,,,.,,. ~,,~.,,,,,,.~ ~:,,.,~,,'~,,,,,,,,, ,',-,,,,.,: _...5~ .........,,.,:~ -"/
~ Change in Regulations in Section ~: EXHIBIT
__ Specific Use for: *
Property address:
~ot: q ;4 / ~' Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Ta~ I.D. n~ber: 5//~- q'-/-~ .;':~fo
Proposed use of land within requested designation:
Owner's mailing address:
Owner's telephone number:
Agem's name:
Agent's mailing address: i/~ [ C~
Agent's telephone number: t/~ { ~
PETITION: As owner/agem, 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 residemial use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with currein and future uses on properties in my vicinity.
Fees paid: $ 0
.. ....:__..~.~
Agent's signature:
Io
5
15
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C.,)
5
ZONE SD
ZONE SD
14111 MICi" AEL ~/'
10LANE 11 ~
4
17
MARSHA LANE
,
Z
ZONE SB
10
8
5
6
OLIN
ZONE SD
5
6
ZONE SD
7
12
10
7
SD
R-1
KELLY LANE
5
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
g
FROM
8D TO R-1
AFFIDAVIT OF PUBLICATION
The F'carlar~d Fleporl. cr News
2404 South Park
Pcarlancl, Texas 7758-1
State of Texas
Brazoria and Harris Counties
I, decin Cun-~rnings, hereby certily thai l.l'~e notice hereby al:~pended was f~ublishcd
in Brazoria and Harris Courttic:; in the IREI~OI~TEi:~ NEWS, a newspaper el general
circulation in Brazoria t~nd I-larri:s Counties, lot / issues, as Iollow:;:
No.. ........ Dale
19
No. Date
19
No.. ..................Date
No.. .......... Date
19
Sub:;cribc ;~nd sworn to before me thi::,
19 ..... _.47._(Z_ ....
',.il iC~:(~ hefeb~t given'that on:
· t '8':; ai' e'.~O'~:~:, 't,e Ci~:'
:~' mCii'~nd.ih~Plan~n~lnd
'~L ingCdm~mi~Fth~
'~ y of P, dand, Brazoda and
~duCt'b 3oihi Public ',' ''~''
:' ,~ adR~ 'i~ b'e c~a~cil: '=
Te~s, on the r~uesipf ',
RObed'.E~ &Ma~ LdU~e ·
Fmiley, bwh~,'fo~ah a~end-
merit to thb Lahd Usb and'
U~h' Oe~el~ment .
inan~e of s~id Ci~ from
F~i{~U~'Subu~an' ·"
jl"' '~tT(sO)'tb Single
_ ...a":
AFFIDAVIT OF PUBLICATION
The Pearland Fieporter News
2404 South Park
Peru'land, Texas 7758'1
State of Texas
Brazoria and Harris Counties
1, Joan Cure ~ings, hereby ccr[ily l. hcl[ 1. he nol. ice hereby appended was published
in Brazoria and Harris Counlie:~ in lhc I:IEPOI:ITER NEWS, a newslx~l~er ol gu'nur~l
circulation in Brazori~ and Harris Counties, lot /. issues, as lollows:
No.
Dale
No. _ ..................Dale
No.. ......................Dat. e
No. Date
'19
19
19
19
Subscribe ;~nd aworr~ [o before me this
19 ...... _'9_~_. _
Edit07 ' 2
............... __ .............day ol .............
.. 'MIS~II;)N.'O I~ TFI'i~:Q~OF !
:;PEAR. LANDi TEx~..~'.", :.'..' .
the' l '2~h' day :of ~tober,
· 1998~ ~t 6:30 p:~ th~Ci~
Council and ~ Planhlng an~
Zoning Commission of the. '~
Ci~ of Pearland, Bmzoria and
Na~s CoUptie% Te~s, .w~ll
~nduct'a Joint. Public
Heahng in the OOdncil ;
:Chainbern; Ci~ H~II; '3519
Libe~y D~ve~"P~adbnd; ·
~exas, bn the mqde~t of'
;Ro~ E. & Maq Louis~
' F~iley, owner, fdr an mand-
ment tq ~q:~'dd'~Se' ~.'
U ~n .Oev~l~e~ts; :': :~ ",:';. :',.~
Devel~'~Rl:(~'~ "j. "" ~: ~,''
"' ,'
..... ~ . ...,..
pAtam" ~"';'~t~e fight "'
and c ~'(o appear an~'
be hea~ on the subject. '~ ~'
19 October 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Applications No. 344, 365, and 366
The above referenced zone change applications were reviewed by the Planning and Zoning
Commission at a regular meeting on Monday, October 12, 1998. The owners requested and
amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development (SD) to Single Family Dwelling (R-1) on the following
properties to wit:
Application No. 344
Owner:
Legal Description:
Application No. 365
Owner:
Legal Description:
Application No. 366
Owner:
Legal Description:
Robert B. & Mary Louise Fariley
1411 Michael Lane
Pearland, Texas 77581
Lots 9 & 10, Blk. 4, Hickory Creek Place subdivisions, HT & B
RR Co. survey, Sect. 7, A-219, according to the plat recorded in
Vol. 11, pg 1, plat records of Brazoria Co.,TX (1411 Michael
Lane)
Karen & George Ritchey
1855 CR 93
Pearland, Texas 77584
A 10.009 ac. parcel being all of Lot 57, Allison Richey Gulf
Coast Home Co. subdivision, Sect. 85, HT & B RR Co. survey,
A-304, according to the plat'in Vol. 2, pg. 107, Plat Records
Karen & George Ritchey
1855 CR 93
Pearland, Texas 77584
Pan of Lots 45 & 55, being 13.28 ac., in the Allison Richey
Gulf Coast Home Co. survey, Sect. 85, A-304, recorded in Vol.
2, pg. 107, plat records of Brazoria Co., TX
The motion was made by Commissioner-Tommy Scott and seconded by Commissioner Jack
Mathis to approve the applicatiofis 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 tot he City Secretary for the same purpose.
Sincerely,
Mary Starr, Chairperson
Planning and Zoning Commission
City of Pearland
LOt: ~q Bl~k:
. .... . . ,... , ~.~ ,. , , ,- .
Tax I.D,
PrO~S~ ~e of 1~ wi~n rcques~d
, .-:' ....' .=~'7':.':"".-: ..... ....: ........~. ....:.. ....... .......
~mON: As o~r/age~, ~ ~by ~dtion ~' Ctt~ for
~ovld~ by t~ kWs or ~e State or Te~ and Or~m~s of
Pemit req~tt ~ allow a resi~ntial use hx a b~i~sj zo~ (OP, NS, OB), I ao~wl~d e t~t s '
..mY, M ~o~{h~p W~h cur~ ,.. ss . P~M in. mF ?lci~ty,. g uch use
31
60
61
36
Z:
37
38
EXCAL'BUR'S COURT -.j
' ' ' ' 41 Z
55 --------9 49 4.6
_J
'~.~ 70 73
65 51
ZONE SO
56
ZONE SD
Y
N
/..,
ZONE SD
C
ZONE SD
39
49
59
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
CltyofPeerknd, Texee
6BNtOE&KARBNItrl'GI,EY
FROM
8D TO R..1
SHEET
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
I:~earland, Texas 7758'1
Stale of Texas
Brazoria and Harris Counties
1, Joan Ctll]]l]]il]g:s' hereby ccrlily that l. hc nol. ice hereby al~t~cnded was published
in Brazoria cind l-t~rri:~ Courttie:; in the F~EPORTEIR NEWS, a newslx~pcr ol general
circulation in Brazori;~ and l-larrs Counties, lot [ issues, ~s lollow:.;:
No.. ............. Dale
No. _ .......................DaLe
No.. ....................DaLe
No.. lD;ztc
'19
19
19
19
Subscribe ;~nd sworn I.o bclore me Lhis
19 ...... .~._~ .....
.......... [_ ............day of K?d_/'d:
~omrrnis~icA ' xpires - s ~
COI3NeJIL AND THE PLA. -.
NING AND ZONING .COM.
MISSION QF THE:CITY'OF
PEARLAND~.T..EXAS
Notice iS. hereby=given t~et on.
the 12th, clay ',.of October,"
1998, eta;30 p:m,, th:eCity
Council and the Plannin. g and
Zoning Cor~misslon of the
City of Pearland, Brazoria end
Herds CO~niies, Texas will
c~ndu. c.t a Joint Public"
HeedOg in the Cou.ncll"
Ghq~bem;:Clty Hell, .8..519
Liberty Ddve, P.,eartarffi, '
Texas, on the request of John'
N: Taylor, agent:for The.
Ritson Men:is Co~o~ti~n'
owner~= f{~r an amendment to
the r(~d
Devel~)l~eiit ~:~i~.it~¶ .O.f.. '.
SuUdro~h'De~,el~irhi~i,l...t..D,)'
to Single Faml~ Dwellin{l' ....
,~"'l~t?~i~dT"a~: pamel being
ell of. lots 23 through 28, and
AFFIDAVIT OF PUBLICATION
The Pearland Flcporl. cr News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joar~ Cummir~gs, hereby cerlily that the riolice hereby al~l~ended was publisl'~cd
in Brazoria and l-I;~rri3 Courttic:; in the I~EI~ORTER NEWS, a newspalter ol general
circulation in Brazoria and Harris Counties, for / issues, as lollows:
No., ..... Da~c
No. Dale
No.
Dale
Dale
19
19
Editor
Subscribe ;~nd sworn [o before me this
19 ..... _~._~. .....
Notice is hbt~'gi~n that on
the {~ .day"~ ~r, :"
cou.cn ad~ ,~e~' ah=
CiW~e~arl~d;;B~a'.6"
.-.Ha~s Counti~, Te~s will
~n~Ot {gOi~t. Publl~~ . ,''
.~ --~~ '.; ,:.
.' ,...~~~.~~ . :;~ ~.,
107~':4~ s
..~it:
..." ~..
, ....,.. .~"' ::.'
.. ,~'~,".: :: ~. ::;:~.';.;
19 October 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Applications No. 344, 365, and 366
The above referenced zone change applications were reviewed by the Planning and Zoning
Commission at a regalar meeting on Monday, October 12, 1998. The owners requested and
amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development (SD) to Single Family Dwelling (R-l) on the following
properties to wit:
Application No. 344
Owner:
Robert B. & Mary Louise Fariley
1411 Michael Lane
Pearland, Texas 77581
Legal Description:
Lots 9 & 10, Blk. 4, Hickory Creek Place subdivisions, HT & B
RR Co. survey, Sect. 7, A-219, according to the plat recorded in
Vol. 11, pg 1, plat records of Brazoria Co.,TX (1411 Michael
Lane)
Application No. 365
Owner:
Karen & George Ritehey
1855 CR 93
Pearland, Texas 77584
Legal Description:
A 10.009 ac. parcel being all of Lot 57, Allison Richey Gulf
Coast Home Co. subdivision, Sect. 85, HT & B RR Co. survey,
A-304, according to the plat in Vol. 2, pg. 107, Plat Records
Application No. 366
Owner:
Karen & George Ritchey
1855 CR 93
Pearland, Texas 77584
Legal Description:
Part of Lots 45 & 55, being 13.28 ac., in the Allison Richey
Gulf Coast Home Co. survey, Sect. 85, A-304, recorded in Vol.
2, pg. 107, plat records of Brazoria Co., TX
The motion was made by Commissioner. Tommy Scott and seconded by Commissioner Jack
Mathis to approve 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 tot he City Secretary for the same purpose.
Sincerely,
Mary Starr, Chairperson
Planning and Zoning Commission
City of Pearland
OIlY Ub ~'~HHLHND iD:715-a85-8764 jUL 20'98 10:24 No.008 P.01
] .__.~...._ Change in Zonhlg Classification float:
__ Change in R~gulations in Section #:
. Specific Use for: *
Tax I.D. number:
Proposed use of land wi~tin requested designation:
Agenrs telephone number:
g _
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by tIM 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, OB), 1 acknowledge that such use
may be incompatible with currein and future uses on properties in my vicinity.
Received by:
Agsnt's signam. re:
p,,
ZONE SD
32
42
52
~ KING ,LIT OR COURT
0 20 19 16
I~ 30 25 """' I--.-
· -r- n,' 4.5
Z 31 35 4.0'~:) 4.2
~ EXCAL BUR'S COURT
n,- 55' ' SD 4.1 ~ 4.9 4.6
34...~ 60 ""'~ 70 73
~: 61 65 , ZONE 51
CAMELOT"S COURT
88 85~ ZONE SD
57
ZONE SO
37
47
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
FROM
8D TO R.-1
AFFIDAVIT OF PUBLICATION
The Pearland l:{etaortcr News
2404 South Park
Pearland, Texas 7758'1
Slate of Texas
Brazoria and Harris Courttic,t,
1, Joan Cummings, hereby cer[ily that lhe riolice hereby al~pended was l~ublishcd
in Brazoria and Harris Courtlie:; in [he I':IEPOFITEI:I NEWS, a newal~al~er el gcnural
circulalion in Brazoria and Harris Courtlies, lor Z issues, as lollow:~:
No.. ....... DaLe
N o. Date 19
No.. ......................Dale 19
19
Editor
No.. ,. Dale
Sub:;cribc and sworn to before me this
19 _ ___.~_ .....
.. ..... .~ .......
, .,~. ~, ~' :..'.~:~.;:.' ,::~ ~ ~ ;..., '..
'N 0.~ ,c.e. iS;.h..ereUy g .y..e.n;that on.
the 12th~l..a.y. Of;.O~o.,bpr, L' ',
1998 atL.Q~qO~,~i;th~.Ci,.'ty:.!,;
Harri~ .G~lt,.l:n~.:,~.ex~l'F,~ill :."
'pW~er,:i~r:.~ ~.~]~.en .to
~" ' drom ~18~iii(~ation
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland F{cporl. cr News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cu ~ming:.;, hereby certify that the no[ice hereby appended was published
in Brazoria and Harris Courttic:} in I. hc F~EF~OR'I'EF{ NEWS, a newspal}or ol general
circulation in Brazori;~ and Harri:; Counl. ics, lor [. issues, as Iollow:;:
No. , ..... Date
No. _ ...................Dal. e
No.. .........................Date
No.. Dal. e
'19
19
19
19
Subscribe .:~nd s,.,vorn to before i*nc [his
19 ...... .'f:]_~
........... /_ .........d.:ly or _g2_._E_..z_"d: .......
:~NotiCe'~iS~ygiVea~hat~On~
.::1998, at:6~ .P~m,'~'.ffie¢~.::'~':
:~Council;~nd.'~e ptaOni~g an~:
zoning .Commition 'of the~.. -
· " cond"~ ~ .'joim PubliC'. ~',~ ~ :: ~ -,
: the La~d OS~:~a:O~a~,: '
Development d~inance Of
said CiW from Cla~ffication
Subu~ Deve~pmeqt
to Single Famit~ Dwelling ..
Distri~ (R- ~)o~'~e.i~l~wing
described p~e~ .~;Wi!~-'~:,
. .,.. :. ~:. ~: .::~
19 October 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
liE: Zoning Applications No. 344, 365, and 366
The above referenced zone change applications were reviewed by the Planning and Zoning
Commission at a regular meeting on Monday, October 12, 1998... The owners requested and
amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development (SD) to Single Family Dwelling (R-l) on the following
properties to wit:
Application No. 344
Owner:
Robert B. & Mary Louise Fariley
1411 Michael Lane
Pearland, Texas 77581
Legal Description:
Lots 9 & 10, Blk. 4, Hickory Creek Place subdivisions, HT & B
RR Co. survey, Sect. 7, A-219, according to the plat recorded in
Vol. 11, pg 1, plat records of Brazoria Co.,TX (1411 Michael
Lane)
Application No. 365
Owner:
Karen & George Ritchey
1855 CR 93
Pearland, Texas 77584
Legal Description:
A 10.009 ac. parcel being all of Lot 57, Allison Richey Gulf
Coast Home Co. subdivision, Sect. 85, HT & B RR Co. survey,
A-304, according to the plat in Vol. 2, pg. 107, Plat Records
Application No. 366
Owner:
Karen & George Ritchey
1855 CR 93
Pearland, Texas 77584
Legal Description:
Part of Lots 45 & 55, being 13.28 ac., in the Allison Richey
Gulf Coast Home Co. survey, Sect. 85, A-304, recorded in Vol.
2, pg..107, plat records of Brazoria Co., TX
The motion was made by Commissioner. Tommy Scott and seconded by Commissioner Jack
Mathis to approve 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 tot he City Secretary for the same purpose.
Sincerely,
Mary Starr, Chairperson
Planning and Zoning Commission
City of Pearland