Ord. 509-211 05-11-98ORDINANCE NO. 509-211
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 TWO ACRES, MORE OR LESS, OUT OF LOT 8, BEING
THE S.E. 1/4 OF THE N.W. 1/4, H.T. & B. R.R. CO. SURVEY, SECTION 14, A-
509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 272) (6313 PATRIDGE)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TOMMY
& BONNIE PAGE, 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, Tommy & Bonnie Page, owners, filed on January 21, 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 27th of April, 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 28th day of April, 1998, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application Tommy & Bonnie Page, 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-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 11, 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 Tommy & Bonnie Page, 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:
Two acres, more or less, out of Lot 8, being the S.E. 1/4 of the N.W. 1/4, H.T. &
B. R.R. Co. survey, Section 14, A-509, Brazoria Co., TX (6313 Patridge)
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. 509-211
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of
Nay ,1998.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th
of Hay ,1998.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
day
April 28, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 272
Request of Tommy & Bonnie Page, owners, 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:
Two acres, more or less, out of Lot 8, being the S.E. 1/4 of the N.W. 1/4, HT & B
RR Co. survey, Section 14, A-509, Brazoria Co., TX (6313 Patridge)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on April 27, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Jack Mathis and seconded by Commissioner Emil Beltz
to approve Application No. 272.
Motion to approve passed 4 to O.
This is submitted for your consideration.
Sincerely,
Tommy Scott, Vice-Chairman
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us
Zoning Classification from: S D to: ~
Property address:
~
Change in Regulations in Section #:
Specific Use for: *
Block: [/1~I
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)/a/~~
Tax I.D. number: ]q I Pt
Proposed use of land within requested designation:
qq5S4
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.
BECKY LN.
JERRYCCREST
ZONE SD
LARRYCREST
Z
DR.r,3
<C
PARTRIDGE
D'R.
ZONE SD
ZONE SO
200'
200'
Crm.)
~ 2.0C
ZONE SD
ZONE SD
ACRE,:,
6318 PATRI :)GE
WILLOW
DRe
ZONE SD
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
FAMILY
DWELLING DISTRICT
of~O, SldlTH ~-8034
1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Curnmings, hereby certify that the notice hercby 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 lollows:
No. z/ Date
No. __ Date
No. _~ Date
No. Date
No. Date
19
19
19
19
Subscribe and sworn to before me this
19 ~gZ
Editor
day o~/b~,//
~aTjt'~J~rfrf12fhl,,l~r~~her
NOTICE OF A JOINT PUB- '.
UC HEARING OF,THE CITY
COUNCIL AND THE:PIJ, N-.
NING AND ZONINI$ COM- '
MISSION OF TH CITYOF
PEARLAND; T S ·
Notice is he ' y giv.en that on
and the Planning and 'Zoning
CommiSsion of'the dt~:of'.
Pearland, Brazoria., ,~n~ Hlirris
Counties, Tex~,.wil!-'.~nduct
a Joint Public He~rin(~"in the:
Council Cherubera, City 'Hall,
3519 Libe~ Drive, P.dand,
Two acree
of Lot.
the N
At said
~e heard
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Curnrnings, 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, l'or ,_. ,/_ ........... issues, as [ollows:
~/ Edit/,%.~r/'r/
Subscribe and sworn to before me this
19e
day ot~/'~'/
NOTICE OF A JOINT PUB~
LIC NEARI~I. OF THE CITY
COUNCILANDi'HE:P!;AN.
NING AND ZONIN~I tOM-.
MI$8.1ON. OFTrHEClT~OFi
PEARLAND, TF, XAi
.:=... .:
N~ishereb~glV. en!that;bn
the 2~'th day'of./.p~l~:,.'l~; at
6:30 p.m.. the City C~iilr.'
and the Planning ar¢l Zo. ing
CotnmissiOh ~f th~'~:'.':
Pea,and. Brazo,~'~.
a Joint ~ublio
Council Chambers; City Hall,
3519 ' Drive.. Peadan.d_,
owner,
said~
of
the