Ord. 509-245 11-09-98ORDINANCE NO. 509-245
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 A 117.6207 AC. PARCEL BEING ALL OF LOTS 23
THROUGH 28, AND A PORTION OF LOTS 21, & 31 THROUGH 36, SUBURBAN
GARDENS SUBDIVISION, SECT. 85, HT & B RR CO. SURVEY, A-304, AS
RECORDED IN VOL. 2, PG. 107-108, PLAT RECORDS OF BRAZORIA CO., TX
(APPLICATION NO. 363) (CORNER OF CR 93 & CR 403) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-3) AT THE REQUEST OF JOHN N. TAYLOR, AGENT,
THE RITSON MORRIS CORPORATION, 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, John N. Taylor, agent, The Ritson Morris Corporation, owner, filed on July
21, 1998, an application for amendment pursuant to Section 28 of O.rdinance No. 509 the
Land Use and Urban Development Ordinance of the City, for approval of a change ir the
land use as provided for in said Section 28, said property being legally described ir the
original application for amendment attached hereto, and made a part hereof for all purpc ses,
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 regarding the
proposed amendment application by John N. Taylor, agent, The Ritson Morris Corporation,
owner, whereby the Commission recommended and approved a change of classificatio ~ for
the property described in Exhibit "A" from its existing classification of Suburban Developrnent
(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 o' 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 c,f all
interested parties, and having been fully advised in the premises, finds that in the case c f the
application of John N. Taylor, agent, The Ritson Morris Corporation, owner, facts ,vere
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 Family
Dwelling District (R-3); such property being more particularly described as:
Being a 117.6207 ac. parcel being all of lots 23 through 28, and a portion of
lots 21, & 31 through 36, Suburban Gardens subdivision, Sect. 85, HT & B RR
Co. survey, A-304, as recorded in Vol. 2, pg. 107-108, Plat Records of Brazoria
Co., TX (Corner of CR 93 & CR 403)
II.
The City Council of the City of Pearland finds and determines that the recitatiol is in
the preamble hereof are true and that all necessary prerequisites of law have t~een
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 mandat~ ;s of
law in the posting and presentation of this matter to the Planning and Zoning CommL~sion
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendrnent
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
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-245
PASSED, APPROVED, and ADOPTED on First Reading this
day of
, 1998. ,~~
TOM REID
MAYOR
(~EST: ,/..~.~1..
JN TARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
bVCb'%~ e, r' , 1998.
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
TOM REID
MAYOR
~----'~ day
V/' Change in Zoning Classification from:
__ Change in Regulations in Section #:
~ Specific Use for: *
Property address: C;c9~,.~. oV-- c,-v~-c'V~ ',4-C.,.C~. '-x0'~ \"~
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
EXHIBIT
Tax I.D. number:
Proposed use of land within requested designation:
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 resid ' 1 use in business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with rrent a d futurea~ses on properties in my vicinity.
Fee,.s_.p_,a. id: $M2~ ~Date ~
-" .......
I!tic,fixcd In r ~.Z.'.x'_'..'~.. . Aplfiication number:
14
10
17
11
,,_j
~OADWA'f
SD
R-3
SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE
DISTRICT
FAMILY
DETACHED DWELLING
FROM
8D TO R-8
AFFIDAVIT OF PUBLICATION
The Pearland Fieporter News
2404 South Park
Pearland, Texas 7758'1
StaLe oi: Texas
Brazoria and Harris CounI. ies
1, Joan Cummings, hereby cerLily [hal the rioLice hereby apperided was published
in Brazetie and Harris Countic:~ in [he REf~ORTER NEWS, a newspainer el general
circulation in Brazoria and Harris Counties, for / issues, as follow:;:
No.. ....... Date
No. DaLe .... 19
No. Date
................................................................................. 19
No. _ ............. DaLe
Editoz'
Subscribe and sworn to before me this
EXHIBIT
;
5PLRL~ND, TEXAS., '~. · !,
!i~oUc~ iS hereby giVen .that en
~e:12m'dayoi,Octoberl .~
HardS'Cou~ies*~ ~e~ Will .::
condd/~ :~ :J~ir~t I:iu't~fib'''" ~':'' ~ :'
Heertlig' i~ .tl~e'~Oouh~il: ;"'. ':
Cha~b~r~,'-"Ci6/H~ I:'~-~;I ~).'
Liberty Ori,~; PedH&~l,:~:'" '.
Texas .en .tk~:i:eq(J~i~:~i Jdhd"
N. T~)f~r, "~i3=~' fo~T~e~ :," "'.'
Ritson M0~s ~o~F6~,~'
b~er '~0r;~h '~e~d~e~i '~ "'
the [a~ ~':~d;'d~~' "
said Ci~tr~'i~Uon' "'
S
Oistd~t.'(R3) ~ ~h'~ 'fo~ing'
:A1 ~,620~ 'ac', pam~' being:
all of lots '2~ ibmugh 28,'and
a ~ffion of lots 21, & 31
through 36~Subu~an
'Ga~ens~u~i~iSion, Sec, 85,
HT & B RR Co. Sbwey, A-
:'9~,:as re~ in VoL 2, Pg.
~o7~. ~;:'P~ R~s of
Bmz~a.~:~X (Comer of
. ;:~'-..;.=:..:.,
.At sai~ he&~g all internreed
padies. S~ll have the fight
: ............ ..,,-
', -.,~ '~ .'~b~.'~:G~
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland F:lcportcr News
2404 South Park
Pcarh:md, Texas 77581
State of Texas
Bl'azoria and Harris Counties
1, Joan Cummir~gs, hereby ccrtily that the notice hereby al}pcndcd was published
in Brazoria and Harris Courttic:; in the I:~EPOI~TER NEWS, a newslx~per ol general
circulation in Brazori~ and I-larx'i:; Counties, lot {. issues, as Iollow:;:
No., Date
No. _ ................ Date
No.. .........................Date
No... Date
19
19
19
19
Sub:_;cribc arid sworn to betore me this
19 ...... _~._J .....
............ { ..............day ol g2___~.2'( ...........
L' '~ _s--' '~- ~li~A. EI,/,MONS ~
' ry , State o! Texa ..
I..~HIAIIIOIITNIOII*/
Oel/illL ANIINI~IdlF
NING AND ZONING COM.
MlIII~NJ~THB4;RYit:
conduct e Joint Public
Headng in the Council
Chambers, C'!ty Hall, 3519
Liberty Ddve, Pearfahd,
Texas, on the request of JOhn
N. Taylor, agent for .The'
. Rimon Mords Corporaiion,
owrier, for: an e, mendment to
the Land Use and Urban'
D'evelopment Ordinen~:e of
seid... City from ClasS.fk~a~on
Suburban Development (SD)
to Single Family 'Dwelling"
District (R3) on the foljowing .
~ described property; tO'Wit:"
li
,~' a of lots 23 through 28, and
'a portion of lots 21, & 3i
through 36, Suburban ....
.304, as recorded in Vol, 2, pg.
107- lo8, Plat Records of
Brazoria Co, TX (Comer of
C~.93 & CR.403)
padlee shall have the d
19 October 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Applications No. 363
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-3) on the following
property, to wit:
Application No. 363
Owner:
The Ritson Morris Corporation
2621 Joaner Street
Houston, Texas 77027
Agent:
John N. Taylor
702 Omar Street
Houston, Texas 77009
Legal Description:
A 117.6207 ac. parcel being all of lots 23 through 28, and a
portion of lots 21, & 31 through 36, Suburban Gardens
subdivision, Sect. 85, HT & B RR Co. survey, A-304, as
recorded in Vol. 2, pg. 107-108, Plat Records of Brazoria Co.
TX (Corner of CR 93 & CR 403)
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Nghiem
Doan to approve the application 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,
M2ydTtarr, Chairperson
Planning & Zoning Commission
City of Pearland