Ord. 509-232 09-14-98ORDINANCE NO. 509-232
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 LOT 3, BLOCK 5, HICKORY CREEK PLACE
SUBDIVISION, PART OF SECTION 7, HT & B R R CO. SURVEY, A-219,
ACCORDING TO THE PLAT RECORDED IN VOLUME 11:, PAGES 1-2, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (5811 KELLY) ( APPLICATION
NO. 328) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JACK
W. BONDS, 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, Jack W. Bonds, owner, filed on June 30, 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 10th day of August, 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 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 10th day of August, 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 W. Bonds, 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-l); 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 August 24, 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 W. Bonds, 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 followir~g 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 3, block 5, Hickory Creek Place Subdivision, part of section 7, HT & B R R Co.
Survey, A-219, according to the plat recorded in Volume 11, pages 1-2, plat records
of Brazoria County, TX (5811 Kelly)
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.
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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
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
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ORDINANCE NO. 509-232
PASSED, APPROVED, and ADOPTED on First Reading this ~drJnt'n- day of
~,~,~ ,1998.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of <~p__A+~y~-~'Lv" , 1998.
F
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
day
DARRIN M. COKER
CITY ATTORNEY
Change in Zoning Classification from: ~'E). to: "]2.-[
Change in Regulations in Section #:
Specific Use for: *
EXHIBIT
Property address: 5' cb /
Lot: ~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
I'%',~ / [ 7
Tax I.D. number: F,J ~ '
Proposed use of land within requested designation:
SuMivision://4/~/X' o '~7
Owner's mailing address:
Owner's telephone number:
Agent's name: ~L/[~
~//K-e ,//7
/ 5,"'-'/
7",q-, '~ 7 5"/'
Agent's mailing address: k3
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: '~d '~('~d'e'// Agent's signature: F,//~ '-
'577
ZONE SD
5
Q9
C:~ 1 20
< --
5811 KELLY
DRIVE
Z
ZONE SD
5
15
BUTLER
5
ZONE SD
200'
('rYP.)
200' <
('wP.) "F
15
ZONE SD
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
N~328
dULY,
iI~-d,F_.,B,
C!Iy of PeaHantt, Tea
ZONE CHANGE
81:} TO R-1
200'
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Soutl-~ Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, 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 Ftarris Counties, for. ....... Z ........ issues, as follows:
,o. / a.to D' %?-- ~9 ~
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 ~,O~
Editor
day of :::T'~c(
Laura Ann Emmons, Publisher
'i'lC HEARING OF THE CIT~'
COUNCIL AND THE PLAN;.'
NING AND ZONING COM-,.
MISSIONOF THE CITY OF
PEARLAND, TEXAS
:' Notice· i~ hereby given that
· the 10th day.ofA~guet',. 19.98,~
at 6:3d'p.m.;, tl~ Cily c0.un~ij,,
and thii 'Planning ~h~l Zonin~
Calmmission of the City of ~
PeadaM; Brazoria and HarriS
Counties, Texas, will conduct
· a Joint:Bub !,c~:Hearing in the~
3519 Liberty Drive, Peerland,
Texas, on the request of Jack
W. 'Bonds, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of sitid C~ from
Classification SubUrban. ~.;.
Development'(e"
Faf'fiily. Owe{lli~.t~;(R~:~),.
property !0 wit:
Place subdivisjonr I~rj:~: ! ~ i
Sect. 7, HT & B RR C~L ~tu '*' ~
parties shall h~;,e~J~:.
.be heqrd on tl~:~t.
August 14, 1998
Honorable Mayor and Council Members
City Hall
Pearland, TX 77581
Re: Recommendation to the City Council on Application No. 328
Request of Jack W. Bonds, owner, for 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 described property, to wit:
Lot 3, Blk. 5, Hickory Creek Place subdivision, part of Section 7, HT & B RR Co.
survey, A-219, according to the plat recorded in Vol. 11, pgs. 1-2, plat records of
Brazoria Co., TX (5811 Kelly)
The Planning and Zoning Commission, at a regular meeting held on August 10, 1998, after the Joint
Public Heating, considered the above-referenced application and recommend the following:
A motion was made by Commissioner Jack Mathis and seconded by Commissioner Emil Beltz to
approve Application No. 328.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
~rr, Chairperson
Planning & Zoning Commission