Ord. 509-224 08-10-98ORDINANCE NO. 509-224
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 6 AND THE E. 6.00 FT. OF LOT 5, BLOCK 3, CAS-
CON ACRES ADDITION, BRAZORIA COUNTY ACCORDING TO THE PLAT
RECORDED IN VOLUME 5, PAGE 137, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (6130 COTTONWOOD) (APPLICATION NO. 308) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF VIRGINIA A.
McKENZIE, 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, Virginia A. McKenzie, owner, filed on May 18, 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 13th day of July, 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 13th day of July, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Virginia A. McKenzie, 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 July 27, 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 Virginia A. McKenzie, 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 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 6 and the E. 6.00 ft. of Lot 5, Block 3, Cas-Con Acres Addition, Brazoria County
according to the plat recorded in Volume 5, page 137, plat records of Brazoria
County, Texas (6130 Cottonwood)
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.
2
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.
ORDINANCE NO. 509-224
PASSED, APPROVED, and ADOPTED on First Reading this
L-~'lxJ.~. ,1998.
day of
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
c~ J~ -F" ,1998. ~,
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
day
C rl'Y ()i.' !',.EA!I I .AND
Z(.)NI': (.:!!.ANGE AH'I.IC.A'HON
revisi:d 3.:5!96
__ Change in Zoning Classification from: 5'/3 to: ~ _L
__ Change in Regulations in Section #:
__ Specific Use for: *
EXHIBIT
Property address: & /..~ o 0__~,74'/-0~e w,,o4
Lot: (, vt/F'~ ~t~¢S"Block: 3 Subdivision: Gas c'7o a
Tax I.D. number:
Proposed use of land within requested designation:
/'~e s;den-/-;'tc /
Record owner's name:
Owner's mailing address:
Owner's telephone number: C.~t x~ ,/g~ _ ?~ z /
Agent's name:
Agem's mailing address:
Agent's telephone number:
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 current and future uses on properties in my vicinity.
Agem's signature:
Date paid:
WILLOW
ZONE SO
1~ 15 OD~D (~)
COTTONWC ~,/,s//
1
DR
m3o COTTONWOOD
10
10
ZONE SD
~,,,~5 / ZoN~ sc 10
'RAZA RD.
N
k
24
12
24
ZONE SD
20 15
13
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
FAMILY
DWELLING DISTRICT
VlllilNIR A. MOKfNIIE
FRQM
L..~s,: rm~.,l
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
l, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in tile REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / __ issues, as follows:
No. Date 19
No. __ Date 19
No. Date 19
N o. Date 19
Editor
Subscribe and sworn to before me this
.lC HEARING OF THE CITY
~OUNCIL AND 'file PLAN-
41NG:-ANDZONINGCOM~:i:!~
,~IiS$1ON'OFY~C~OF
NotiC~i~h~-tel~y~iven'th~,t~On
ihe 13th day of July,' 1998~ at
6:30 p:m. the Ci~ Council ·
and the Planning .and Zoning
Commission Qf th~ Ci~ of
Pearland,. Bmzod~ and He~s
CounUes, Texas, will ~nd~
a Joint Public Headrig .in the
Council Chainbern, City Hall;
3519 Ubeq Ddve, Peadand,
Te~, on the r~uem of
Vi~inla A. McKen~ie, owner,
for an amendm~.qt~e '
:.'..
and ~; and
be heardon I
July lS, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 308
Request of Virginia A. McKenzie, 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-l) on the following described property,
to wit:
Loot 6 & the E. 6.00 ft. Of Lot 5, Blk. 3, CAS-CON Acres addition, Brazoria Co.
according to the plat recorded in Vol. 5, pg. 137, plat records of Brazoria Co., TX
(6130 Cottonwood)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on July 13, 1998, after the Joint
Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Beltz and seconded by Commissioner Mathis to approve
Application No. 308.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission