Ord. 509-222 07-27-98ORDINANCE NO. 509-222
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 BOTH HALVES OF LOT 37, 3.3 ACRES OUT OF THE
ALLISON-RICHEY GULF COAST HOME CO. SURVEY, VOLUME 885, PAGE
288, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (2726 MORRIS ROAD)
(APPLICATION NO. 305) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-
1) AT THE REQUEST OF GEORGE D. AND MARY FISHMAN, OWNERS,
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, George D. and Mary Fishman, owners, filed on April 28, 1998i 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 George D. and Mary Fishman, owners, 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 George D. and Mary Fishman, owners, 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 both halves of Lot 37, 3.3 acres out of the Allison-Richey Gulf Coast Home Co.
Survey, Volume 885, page 288, deed records of Brazoria County, Texas (2726 Morris
Road)
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. 509-222
PASSED, APPROVED, and ADOPTED on First Reading this
~,~.~'[~,~ ,1998.
TOM REID
MAYOR
day of
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,//"'/ ,1998.
ATTEST:
YOUNG LOR~G"""'
CITY SECRETARY
day
APPROVED AS TO FORM:
DARRIN M. C_~KE~'
INTERIM CITY ATTORNEY
Change in Zoning Classification from:
__ Change in Regulations in Section #:
Specific Use for: *
Property address: ~
Lot: 3~ bl~k: ~.
Metes & Bounds Description:
(unplatted pro~Hy offiy; attach
Tax I.D. num~r:
Proposed use of land within requested designation:
Record owner's name: ~eot-e~e
Owner's mailing address: oxoxV'q-
Owner's telephone number: 61 ~")
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 curr nt and future uses on properties in my vicinity.
()X. VIIC I ,S ,$1[ I/tlkll(2~ Agent s signature
._. : '.',",!- ~ 5' .. " ' ' : '
__J:_ccU...~!~d: _$ ..../L)/~__ .................... ~. Date paid:/,D/(;}_._ -. ......
ZONE SD
35
36
45
ZONE SD
j 48
CITY LIMIT LINE /'.
ZONE SD
MORRIS
57
58
39
4O
ZONE SD
5O
59
6O
ZONE SD
CITY LIMIT LINE
COUNTY ROAD 59
31
ZONE SD
SD SUBUREIAN DIS'TRICT
R-1 LOT DENSITY SINGLE FAMILY DWELLING DISTRICT
CIty of PedBnd, Texas
-,ONt: CHANG,-
ere JUNE, lgg8 HtXiZ:I"-4O0" 1
tN.I e/~ D. SMIIH 98-8049 OF 1
July 18, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 305
Request of George D. & Mary Fishman, 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 both halves of Lot 37, 3.3 ac. Out of the Allison Richey Gulf Coast Home Co.
Survey, Vol. 885, pg. 288, Deed records of Brazoria Co., TX (2726 Morris Rd.)
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 Scott and seconded by Commissioner Beltz to approve
Application No. 305..
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission
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 Brazoria and Harris Counties in tl~e REPORTER NEWS, a newspaper ot general
circulation in Brazoria and Harris Counties, to.r ~--~-- issues, as lollows:
No.~
Date
Date
Date
No.
Date
Date
19______~
19_______-,,
19_______--
19______---
Edit
Subscribe and sworn 'to before me this I day of _~
19 - ..............
Nota t~ ~/o9~~s
,/OTICEOF AJOINTPUB~,~
CHEARiNGOF~EC~i:~
:OUNCli: AND THE
ING AND :ZQNING~COM;;;~::
'Is$ioN OF::THE:6~!:O~-~:
":~6:30p:m:, th~~
! and the Planning ~1 :Zohing .
Commission of ~e ~i~ of
pearland, Bm.zoda.~nd Ha~s
Counties, Te~s,'will'~ondyct
a Joint PUUli~;~HE~in. ihe :..
Gou~,U:~amff~..~l~':.~ll'.~
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· COUNCIl' AND THE PLAN- '
NING AND ZONING .COM~',:."
'. MISSION Oi:' THE CITY OF..
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,.-~ Notice is hereby given that on.
:~i.the ~3~ ~lay di dui~;. 1998~ .at
~'~ 6:30 p.m,, the'Gity Council
and the Planning and Zoning
~ ' Commission of the City of
:Pearland, er~o~i~, and
::~":a' Joiht Pu.511d 'HeaHn~l .'in the :'
~pportUnit~
'..be heard on the subject. ~'' .',
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