Ord. 509-208 07-27-98ORDINANCE NO. 509-208
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 12 OF THE JOHNSTON SUBDIVISION OF THE NW
1/4 OF THE NW 1/4 OF H.T. & B. R.R. CO. SURVEY, A-240, CONTAINING
8.42 ACRES, MORE OR LESS AS RECORDED ON THE PLAT, VOLUME 5,
PAGE 303 OF THE PLAT RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC
USE APPLICATION NO. 62) (14833 HARKEY ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT-
SPECIFIC USE (R-1 S) AT THE REQUEST OF GEORGE W. AND DEBORAH L.
HARRELL, 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 W. and Deborah L. Harrell, owners, filed on February 2, 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 George W. and Deborah L. Harrell, 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 (SD) to
Single Family Dwelling District-Specific Use (R-1S); 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 George W. and Deborah L. Harrell, 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 (SD) is hereby for all
purposes changed and reclassified as Single Family Dwelling District-Specific Use (R-1 S);
such property being more particularly described as:
Lot 12 of the Johnston Subdivision of the NW 1/4 of the NW 1/4 of H.T. & B.
R.R. Co. Survey, A-240, containing 8.42 acres, more or less as recorded on
the plat, volume 5, page 303 of the Plat Records, Brazoria County, Texas
(14833 Harkey Road)
I1.
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. 509-208
PASSED, APPROVED, and ADOPTED on Fimt Reading this 13th
July ,1998.
TOM REID
MAYOR
day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of July ,1998.
ATTEST:
'~'~ E T A~
TOM REID
MAYOR
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY
27th day
CiTY ~F PERRLRND ID :?13-485.
_.. Change in Zoning Classification from:
EXHIBIT
Changc in Rcgulations in Section #:
.... Specific Use for: *
Properly address: / Ltq .~ ~o
l,oi: , -Z-,~- Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
Record owner's naBme:
Owner's mailing address:
Owner's telephone number: L/L~-_'Tc~I O CO/c__
Agent' s name:
Agc_nt's mailing address:
Agent's telephone number: =
PETITION: As owner/agent, I hereby ~tition the City for approval of ~e a~vc descried request as
provided by the laws of the State of Texas and Ordi~nccs of the City of Pearland. *On a Sr~cifie Use
""" ' ........... atd
Owncr's siL~nalurc:% ~ , ' I's signa ur ': ~
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BROADWAY
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14833 HA,:tKEYzo.~ so~ 5 ~];'~2o
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SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
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FROM
8D TO 6B
~ ik.~279 S, dm SHEET
oHm FEB., 1908 HORZ:-f'~20(~ 1
~nkd kD. SMI~-I g6-8023 OF 1
AFFIDAVIT OF PUBLICATION
EXHIBIT
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
Subscribe and sworn to before me this
19 ~
Editor
/ day of
~li~lCE OF:A: !N~P'OB'-''~
'HEARING~)FOTHE CITY:
the 29th:
and the Plahni~ an~ 'Zd~ldg''
Oommi~sion Of the City of .
Peada~d,'BmzO~a ~d Hands'
aoun~s, Te~as w~J'~ondU~'
a JoinrPablic H~a'd~g in the~ '
cou,~, bh~m6e~:'~"H~,.'~:'
3519 Libe~y'Dfiv~,
Js~it'on the:following; ·
JeScribed properly, ~p wit;.:
The We~t 1~2 o ,' "~ ~' ~"::'. ~'.',
,. ':. i~.:.~ ....... .~.~.'
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER ~EWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
N o. Date _ 19
No. __ ' Date 19
N o. Date 19
No. Date 19
Editor
Subscribe and sworn to before rne this
19 ~i~
day of C~
La ~~'~c~r
~ OF A JO~'~UB' ' Tex.a,s, oh the request of ·
LIC HEARING OF THE CITY' ,~eerge W;& Deborah'. L.-
AND'THE. PLAN, ;t~rrelt~:own~r~-for:a SpeCific"
AND ZONING COM"' jse Perm!t.o,~.the'fo owing'
IlSSl0N OF THE GrIT OF 'Jesodbed:Pr°Ped'Y'~i'wit>~
C iil igi~/~n:m~(':~n: ~ ~ohnstonSe~Vi~nof-the:;~:
,29th day of June, 1998, at' ,IW 1i4 of the NW' ilj: 0'f HT
~.m., theCity Council : c3 RR Co. survey, A-240, con-
rl the Planning and Zoning- raining 4.21 acres, more or
lesSaccording tO the !plat;,-Vol;
Lnd. Harri.s ' 5, pg. 303 & deed record Vol.
· qln.pit.,..;~i ~090, Pg. 865, Brazoda Co.,
,.Z ' '..*"!'. '.' !' "".,.-".!" ""'.../~(14833HarkeyRoadi
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'oung Lorfing - :-' TM -: :
July 2, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 62
Request of George W. & Deborah L. Harrell, 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 - Specific Use (R-1S) on the
following described property, to wit:
Lot 12 of johnston Subdivision of the NW 1/4 of the NW 1/4 of liT & B RR Co. survey,
A-240, containing 8.42 acres, more or less as recorded on the plat, Vol. 5, pg. 303 of
the plat records, Brazoria Co., TX (14833 Harkey Road)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on April 27, 1998, at~er the Joint
Public Heating, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Beltz and seconded by Commissioner Mathis to approve
Specific Use Application No. 62.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Tommy Scott, Vice-Chairman
Planning & Zoning Commission