Ord. 509-212 07-27-98ORDINANCE NO. 509-212
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 4.8517 ACRES, A PART OF LOT 26, ALLISON RICHEY
GULF COAST HOME CO., SURVEY, VOLUME 2, PAGE 23 AND VOLUME
971, PAGE 21, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO.278) (13530 O'DAY ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF RANDY L. AND MYLINDA FAIRCLOTH,
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, Randy L. and Mylinda Faircloth, owners, filed on January 15, 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 22rid 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 Randy L. and Mylinda Faircloth, 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 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 Randy L. and Mylinda Faircloth, 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:
4.8517 acres, a part of Lot 26, Allison Richey Gulf Coast Home Co., Survey,
Volume 2, page 23 and Volume 971, page 21, Deed Records of Brazoria
County, TX (13530 O'Day Rd.)
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.
3
ORDINANCE NO. 509-212
PASSED, APPROVED, and ADOPTED on First Reading this 13th
July ,1998.
day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of J u 1 y ,1998.
ATTEST:
FUM HFID
MAYOR
APPROVED AS TO FORM:
27th day
DARRIN M. COKER
INTERIM CITY ATTORNEY
rTTV np PEc~pl ~Nn TD:713-485-8764 DEC 16'97
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V/' Change in Zoning Classification from:S ~ to: "~ 1 '
~ Clmnge in Regulations in Section #:
Specific Us¢ for: *
EXHIBIT
Property address: I ?~' ?O
l ot: P GBlock: '-
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax 1.D. number:
Proposed use of land within requested designation:/'/0;'5~ a~ Ca~e.._ t~5 I 5
Owner's mailing address: 13S3o O'6a-T ~L P~J~L ~: '7q5'71
Owner's telephone number:
Agent's !mine:
Agent's mailing address:
Agcnt's telephone number:
PETH'ION: 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
l'enni~ requesl to allow a residential use in a business zone (OP, NS, GB), I aclmowledge that such use
may be incompatil>ie with current and future uses on properties in my vicinity.
.._f:).wn__c,'.r '.~ sigd!a(ure: ..... Fees paid' $
485 8764 PAGE.02
DEC 16 '97 e9:24
CITY OF PEARLAND
z~i4iziz~i PISD PAGE 85
ID:?1~-485-876~ RPR :L6'g~ 16:$$ No.O19 P,O$
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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
N o. Date 19
N o. Date 19
No. Date 19
Subscribe and sworn to before rne this /
19~)
Editor
day of
IONOFII
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mendment to' the ~nd Use
nd U~an Devel~meni '
· inance of ~ld C~fmm.,: : ::
amily~eiling O~g:~R-~.~:' '. ..
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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
N o. Date 19
N o. Date 19
No. Date 19
Subscribe and sworn to before rne this / day ofd7~
Laura Ann Emmons; Publisher
~ilSSi0:N;~i~i~HE~OF
the 22nd day of June, 1998,
at 6:30 p.m., the City Council
ahd the Planning and Zoning
Commission of the Ci~ of
Pearland, Bmzoda and Haffis .
Counties, Texas, will conduct"
adoint~Public Headng in.'th~
Council .Chainbern, Ciw H~II,
3519 Libe~ Ddve~Peadand~.-
Texas, on the request of '
Pierre L. & Anna M. Nys,
owner, for an amendment to
'the ~nd Use and U~an
evelopment O~inanceof '
aid City from Classification ""'
bu~an Development (SD)
Single FamilyDwelling .
· , 6tri~ (R-~) o~the following '.
,:
t e N.E'.' ~'/~:~ S'~~' '~ ""
.... ~
t said headng all
~ies shall have the dght ...
oppo~unity to appear and"'
. .e':: '. DZONING.CO~> .::
ISSION OF THE CITY OF'
EARLAND,.TEXA~,
and the Pl~n~in~.&n~ '~i~' ..
Peadand~:.BmZoda
Counties, ;Text;. will ~nd.Uct.:
a J~nt PUblic Headng. in the~; '.
C~ounCil' Chamber, ~i~ ~il,..;'
Te~s, on the: ~uest of; ......
...:..-.,...-
aimloth, owner, for'an:'
endmenfto the:Eand Use
U~an D~vel~ment..:
July 1, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 278
Request of Randy L. & Mylinda Faircloth, owners, for an amendment to the Land Use
and Urban Development Ordinance of said City from Classification Suburban Deve-
lopment (SD) to Single Family Dwelling District (R-l) on the following described
property, to wit:
4.8517 ac. a part of Lot 26, Allison Riohey Gulf Coast Home Co., survey, Vol. 2,
pg. 23 & Vol. 971, pg. 21, deed records of Brazoria Co., TX (13530 O'Day Rd.)
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 Beltz and seconded by Commissioner Scott to approve
Application No. 278.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission