Ord. 509-246 11-09-98ORDINANCE NO. 509-246
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 LOTS 1 & 2, BLK. 1, WAGON WHEEL ADDITION, HT & B
RR CO. SURVEY, SECT. 14, A-509, ACCORDING TO THE MAP RECORDED
IN VOL. 8, PG. 79, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION
NO. 478) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF FRANK J.
MILLER, 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, Frank J. Miller, owner, filed on the 21st of August, 1998, an applicalion
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"; alld
WHEREAS, on the 12th day of October, 1998, 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 affidavil 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.~ 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 regarding the
proposed amendment application by Frank J. Miller, 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 o' the
Planning and Zoning Commission, at a regular meeting on the 26th of October, 1998, and
WHEREAS, the City Council having fully heard the testimony and argument <,f all
interested parties, and having been fully advised in the premises, finds that in the case c f the
application of Frank J. Miller, 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 fi >r all
purposes changed and reclassified as Single Family Dwelling District (R-2); such protlerty
being more particularly described as:
Lots 1 & 2, BIk. 1, Wagon Wheel Addition, HT & B RR Co. survey, Sect. 14,
A-509, according to the map recorded in Vol. 8, pg. 79, plat records of
Brazoria Co., TX (6106 Patridge)
II.
The City Council of the City of Pearland finds and determines that the recitatiol ~s in
the preamble hereof are true and that all necessary prerequisites of law have tleen
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 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 amendr nent
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 .';ity.
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-246
PASSED, APPROVED, and ADOPTED on First Reading this
C)c ~o~ ~',1998.
MAYOR
day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of ~.Ovc~tr ,1998.
ATTEST:
~COUN%
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
__ Change in Zooring Classi~catiou t~om:
__ Change in Regulations in Section//:
__ Specific Use for: *
Property address:
~o~: 1~ 2 s~o~k:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: ~'~ ~... 3' - ~; ~ [.o._ ,e-.
Owner's telephone number:
Agem's name:
Agent's mailing address:
Agent's telephone number:
Owner's signam~~/A_)
Fees paid: $ A//~.~ /)
.~i,.~d by: "~,.i.,,,2.~:.....~ /' :~ '1~,~....0.~.';~.--~....
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 residential 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.
ZONE SD
jERRYCCREST DR-
5 ~ 10
15
ZONE SD 20
24
~ LARRYCREST DR.
<:F, 2oo'
= 1 ~..)~ 1 o
20
pATRIDGE DR.
ZONE SD
6106 pATRIDGE
DRIVE
zoN~ ' WILLOW DR.
1:
15 I
10
11
TERRELL
ZONE SD 5
DR.
13 15
20
SD SUBURBAN DISTRICT
R-2 MEDIUM DENSITY SINGLE
DISTRICT
FAMILY DWELLING
I ~,,
8D TO R-2
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummir~gs, hereby ccrtily that the notice hereby appended was published
in Brazoria and Harris Counties in the F:IEPORTER NEWS, a newsl~aper el general
circulation in Brazoria and Harris Coul-~ties, lot ..[ ............. issues, as lollows:
No. _ ........................Date
19
No. Date 19
No.. ............... Date 19
No. _ .................Dal. e
19
Subscribe and sworn to before me this
19 .... ~_ .....
...... L ...... day of
-~iNING AND :Z0 NjN(i
!;=MISSIONOI= THE C~dF
'.' the 12m:'d~,: ot:OctOb~;
'. 1998, at 6:3O p.m., the City
Council and the Planning and
: Zoning Commission of the
C. ity of Peadand, Brazoria and
, Harris Counties, Texas, will
. conduct a Joint Public '
-;' c .r. iS; ::city:i-i"ii:
Liberty Drive, Peadand,
· Texas, on the request of
' Frank J, Miller,· owner, for an
amendment to the Land Use
'and UTbah Development
· 0rdinaOCe of said City from
· Cbl..~jficBtion Subumn
:~;~lq.pm. em(SD) to Single
'Fi{" 'l~,bw~ltip.'~:District (R-2)
:a!
'ca ~,~,2~ '.;.,' .~,~:.
: ..... ':" ~ ' t,~ight
.:.. . o appear and
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland Reporter News
2404 South Park
Pearland, Texas 7758'1
State of Texas
Brazoria and Harris Countie.s
1, Joan Cummings, hereby ccrtily that the notice hereby appended was published
in Brazoria and Harris Countic:~ in the I~EPORTER NEWS, a newspaper ol general
circulation in Brazoria and Harris Counties, lot / issues, as follow:;:
N o.. ........ D a [ e
No. Date
No.. ......................Date
No.. Date
19
Editor
Sub:;cribc and sworn to before rne this
19
"eEARLAND;YEXAS
· '.. .~:..~,.i:,.:~! :.,: '-.'-::.~':.,
~ti~i,ii=hs.rel!_y. givea.:t.hat
th~ '1'2ih clay (ii Octo6~r,
'.'{q96,...a.t 6;30. P,. , m, ,..,th el; Gi.ty.
~i~y ~f Beadand, li~qiia:imd
"c~l~C~G~.e:J~i~Pu~liR' ."'~
~ endmerit to'the Land Use
.'.:dinah'of sai~l city from
-~,lassification Suburban
"evelo~r~nt (SD)to Sin~l~'
19 October 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Applications No. 478
The above referenced zone change application was 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-2) on the following
property to wit:
Application No. 378
Owner:
Frank J. Miller
P.O. Box 2234
Pearland, Texas 77588-2234
Legal Description:
Lots 1 & 2, Blk. 1, Wagon Wheel Addition, HT & B RR Co.
survey, Sect 14, A-509, according to the map recorded in Vol. 8,
pg. 79, plat records of Brazoria Co., TX (6106 Patridge)
The motion was made by Commissioner. Nghiem Doan and seconded by Commissioner
Tommy Scott to approve the application listed above.
The motion to approve passed unanimously (5 to 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,
Mar~tarr, Chairperson
Planning & Zoning Commission
City of Pearland