Ord. 509-223 07-27-98 /-)~ 5Lc2~c~..,~~.y
ORDINANCE NO. 509-223 ~ ~'10-~72' '
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 1.00 ACRES OUT OF THE H.C. JOHNSON 99 ACRE
TRACT, SECTION 7, H.T. & B. R.R. CO. SURVEY, A-219, ACCORDING TO
THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, VOLUME 864, PAGE
8 (6316 GARDENIA)(APPLICATION NO. 306) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF RON CLEAVER, 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, Ron Cleaver, owner, filed on May 8, 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 Ron Cleaver, 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-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 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 Ron Cleaver, 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:
Being 1.00 acres out of the H.C. Johnson 99 acre tract, section 7, H.T. & B. R.R.
Co. Survey, A-219, according to the deed records of Brazoria County, Texas,
Volume 864, page 8 (6316 Gardenia)
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.
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. 509-223
PASSED, APPROVED, and ADOPTED on First Reading this
k,~{x~ ,1998.
~'~>~day of
TOM REID
MAYOR
ATTEST:
of
PASSED, APP,~/ED, and ADOPTED on Second and Final Reading this
z~ , 1998.
TOM REID
MAYOR /
ATTEST:
YOUNG LORFI GNGN~
CITY SECRETARY
// day
APPROVED AS TO FORM:
DARRIN M. COKEB//
INTERIM CITY ATTORNEY
4
· . .:.
CrI'Y Oli' PEARLAND:.......: ";Z.: )....i.....
ZONE CIIANG 1'...', :'~I~I?I ,ICAT'IOiq....".": .:' .: .': "..
· 'r'evised 3,.'5.'96
..... .. :..:';: ..............~ ............~ ..................................
Change in Zoning Classification from: ~'{"3 to: /2- - /
Change in Regulations in Section #:
Specific Use for: *
Property address: /_o 5 [(t' C/'~'~~~ t Pr
Lot: //,/ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
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:
7_~3f -flew'-
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 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: ,,z-.:----,-q~,,4_--.,__- Agent's signature: /0/4,
Fee,~ paid' $ ~ ,., Date .p_.a!.d:._~...- b2'''' ~/"(. ......................
ii ,.....::~ :, 'v;- ,'t;ii'i...~..,~'i:~.2,~ ,::.,...~'..:.~.L2.7. :.:.. '5..2":~,i'i_,.':i~.,_.,.,...,;,,., ,,,,,.,,,,,,: .__.._
I t ! I
I I I
LAURIE DRIVE
ZO xlE SD n- n- n- c~
6316 G/-,RDEN A
V"'
GARDENIA
Z
LLJ
rn
R-1
R-1
R-1
R-1
/~'
//_
/,~
//
R-1
200'
(TYP.)
Z:::// r'Y'
g//. 200'.
~,/
//
ZONE SD/
ZONE
SD
R-1 F
SD
R'I
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY
DWELLING DISTRICT
I I
CIty of Peru'land, Texas
RON CLEAVlF..R
FROM
8D TO R-1
July 18, 1998
Honorable Mayor and Council Members
City Hail
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 306
Request of Ron Cleaver, 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:
Being 1.00 ac. Out of the H.C. Johnson 99 ac. Tract, section 7, HT & B RR Co.
Survey, A-219, according to the deed records of Brazoria Co., TX, Vol. 864, pg. 8
(63 16 Gardenia)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on July 13, 1998, after the Joint
Public Heating, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Scott and seconded by Commissioner Beltz to approve
Application No. 306.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission
CITY Oli' IsEARLANI) "' .'.
ZONE CIIANGE APPLICATION ....
Change in/.,.ring (:lassilication Irom:
Change in Regulations in Section #
Specific Use for: *
revised 3/5/%
CONSENT AGENDA
ITEM D
ORD. NO. 509-223
APPLICATION 306
Property address:
Lot: / Bl~k:
Metes & Bounds Description:
(unplatted pro~rty only: attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
f - q'ec- 9'4'7- G
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 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.
Agent's signature: /O~d'
Date paid: ~'- 8'~' ~r
Applica. tiOn"nu'ml~.i:' ~;1~','.,,..:.:',:..,
I
LAURIE
ZO xlE SD n,-n,- n,' n,'
6316 GARDEN A
GARDENIA' 'X)k
R-1
R-1
o R-1
Z
N
R-1
R-1
R-1
!
DRIVE
200'
200'
ZONE SD/
I I
ZONE SD
· -- <
R-I
F
ROIi~,EAVER
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Drazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for ~ issues, as follows:
No. Date 19 __
No. Date
No,
Date
Date
19
19
19
Editor
Subscribe and sworn to before me this
19 ~2>
~_,- day of Tdd'~
~',~,-'~,,~ ,=.~..,'~.,~..;,,,,~,;....'.,: ,. '. :;:
Laura Ann Emmons, Publisher
,COUNCIL AND TH~ PLAN- ·
!NING~AI~D'ZONiNG'(~OM,
MISSION OF THE CI'I~.
!PEARLAND, TEXAS'
;.: ....
Notice'is hereby giveh.tha
ii he 13th,day 0f JUly, the H.C... ·
t30 I~.m., the C~.Coun~il,'
~d the Panning and Zoning
~mmission of the Ci~' of
'~ ~ dand, Bmzod~ and Hards Co.,
~unties, Te~s, will conduct ~. 8 (6316
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria.and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Bra;'oria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for [ __ issues, as follows:
No. Date 19
No. Date
No. Date
.;
No. Date
19
19
19
Editor
Subscribe and sworn to before me this
19 (::::}%
': ¢~~]Tj~i~l ~:i~: oint Publid Hearing in the
~OUNCIL AND.~'HE PL,AN- uncil-Chambem.-C ty Ha I,
41NG AND' ZONING COM.
MISSION OF THE CiTY .OF
r PEARLAND, TEXAS ""'
Notice iS hereby given that
the 13t~ day of July,' :1998, at.
9 .Liberty Drive hailahd,
Xdd, on the i~edt of' Fion
~aver, :owner, bran
endmint t~ thq Land.;Us.e.
"Urb. ahiD. eVeJepment:' "..
.dan~e 'if ~id"...Gl~Y;fmm
6:30 p.m., the City Council C .si6cation;SUbUrba~._:
and the Planning add Zoning C elopmeqt (tD)'t0 Single
~f 'of Bmzo~a .Co~,.
: ~oL 8~pg.8:(~16
~t ~id ~a~ng all~ntemstd