Ord. 509-217 07-27-98ORDINANCE NO. 509-217
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 2, BLOCK 3 OF THE GARDEN ACRES SUBDIVISION,
SECTION 2, IN THE S. 99 ACRES OF THE H.T. & B. R.R. CO. SURVEY,
SECTION 7, A-219, AS RECORDED IN VOLUME 595, PAGE 63, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 291) (2536
LAZY BEND) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
TONYA BRYANT, 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, Tonya Bryant, owner, filed on March 25, 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 29th day of June, 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 29th day of June, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Tonya Bryant, 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 13, 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 Tonya Bryant, 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 2, block 3 of the Garden Acres subdivision, Section 2, in the S. 99 acres of the
H.T. & B. R.R. Co. Survey, Section 7, A-219, as recorded in Volume 595, page 63,
of the Deed Records of Brazoria County, Texas (2536 Lazy Bend)
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. 509-217
PASSED, APPROVED, and ADOPTED on First Reading this
July , 1998.
13th day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day
of July , 1998.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKE[R
INTERIM CITY ATTORNEY
CZTY BF PERRLRND ID:715-485-8764 NRR 19'98
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.EXHIBIT
____ (:hangc in Regulations in Section//: _-
__ Specific. Use for: *
Metes & Bounds Description:
(unptattcd property only: attach survey) ~
Tax I.D. numlx~r: fl/k '
Proposed use of land within requested designation:
Record owl~ei"s ilallle:
Owncr's ~naiting address:
y /
lq, s g' l, tJ o ,tl
Agent' s !lalllc; ·
Agent's mailing address:
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1' ( ' cnt, >etition the City for approval of the above descried request as
providcd by the taws of the State of Texas and Ordinances of the City of Pearland. *On a S~ci~c Use
l'crmi~ rcques~ m allow a residential use in a business zone (OP, NS, (}B), I acknowledge that such use
J2'¥ .h~'....~.~'5:'.2'nF't ibte '~itl2 current a.d f_~tu '..'..,)..~?.~.,.~'Z~,L[,.r.~2~SJ~iZ~ iZZ' m32 viZinitJ.. ....... ...............
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2536 LAZY BEND
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ZONE SD
ZONE SD
ZONE SD
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BROADWAY STREET
ZONE SD
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
T~W A ~WA~'~
ZONE CHANGE
FROM
8D TO R..1
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
circulation in Brazoria i ~ issues, as follows:
No. Date 19
No. 'Date 19
No. Date 19
No. Date 19
Editor
Subscribe and sworn to before me this
19 4~
day of
· , MyCOi4MiSS'iONEXi~.~BT~, ~
~ Y~TEOF
.... tUFA JOINTPUS,
· C HEARING OF THE CITY
LI
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND, TEXAS
the 29th day ofJJune 19~)8
6:30 p.m., the City Cou~6il
Counties, TeXaS wiq ~n~u~
Council Cha~bem, Ci~. Nail,
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To~ya B~pl; owner, ~r
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City SeCretary '
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 the 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
Subscribe and sworn to before me this
19 ~
Editor
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July 7, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 291
Request of Ms. Tonya Bryant, 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 2, Block 3, of the Garden Acres subdivision, section 2, in the S. 99 acres of the
HT & B RR Co. Survey, section 7, A-219 in Vol. 595, pg. 63 of the Deed Records
of Brazoria Co., TX (2536 Lazy Bend St.)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint
Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Mathis and seconded by Commissioner Beltz to approve
Application No. 291.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission