Ord. 509-168 10-27-97ORDINANCE NO. 509-168
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 LOCATED ON 2.811 ACRES OF LAND IN THE W.D.C. HALL
SURVEY, A-23, IN HARRIS COUNTY, TEXAS (APPLICATION 228) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF SHERRY L.
APPLEWHITE, AGENT, FOR AYRSHIRE CORPORATION, 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, Sherry L. Applewhite, agent, for Ayrshire Corporation, owner, filed on
August 19, 1997, 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 22nd day of September, 1997, 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 23rd day of September, 1997, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Sherry L. Applewhite, agent, for Ayrshire
Corporation, 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 October 13, 1997, 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 Sherry L. Applewhite, agent, for Ayrshire Corporation, 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:
2.811 acres of land in the W.D.C. Hall Survey, A-23, in Harris County, Texas.
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
2
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. 509-168
PASSED, APPROVED, and ADOPTED on First Reading this
/P~~ · ,1997.
/ 7y,,~,day of
TOM REID
MAYOR
A'!'rEST:
SE~~T~Ry
of
.PR2OVED,and ADOPTED on Second and Final Reading this
(~( ,1997.
TOM REID
MAYOR
ATTEST:
~i~,N~/E~TEARy
MCCULLOUGH
CITY ATTORNEY
I ECEIVED AU6 i 8
Change in Zomng Classification from: SD to: R-.]i
Change in Regulations in Section #:
Specific Use for: *
Property address: Not yet assigned;
NA
NA
to be recorded
plat. -
EXHIBIT
Lot: 1-9 Block: 1 Subdivision: Green Tee Terrace, Sec. 8
Metes &Bounds Description: Being 2.811 ac. of land in the W.D.C. Hall Sur-qe\
(unplatted property only; attach survey) ABS. 23, Harris County
TaxI.D. number: 74-1025421
Proposed use of land within requested designation: Single Family Residential Lots
Record owner's name: Ayrshire Corporation
Owner's mailing address:2028 Buffalo Terrace, Houston 77019
Owner's telephone number: (713) 524-4676; FAX (713) 524-7213
Agent's name: Sherry L. Applewhite, V.P. and General Counsel
Agent's mailing address: Same as A.bove
Agent's telephone number: Same as Above
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.
Ow,,er'ssi~,,attire'/."'_~ ~nt'ssighature:
/ c/-
l:ccs paid: $ None Due;/1997 Annexation Date paid: ,5' '[~-~ 5' 7
PROPOSED
SCARS DALE
BLVD.
bJ
RESERVE 'A'
ZONE MF (PUD)
CITY UMIT LINE
SD
R-1
MF
PUD
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING
MULTI - FAMILY DWELLING DISTRICT
PLANNED UNIT DEVELOPMENT DISTRICT
DISTRICT
REVISED: AUGUST 20, 1997
REVISED: JULY 30, 1997
REVISED: JULY 2, 1997
C, ity of Pearland, Texal
AYRBHIRE ~TION
ZONE CHANGE
FROM
8D TO R-1
he IFJJE.e. C.e ~
add k.C.R'. LONG 97-1052 OF 1
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
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for 1 issues, as follows:
No. Date 19
No. Date 19
No. Date 19
r o.
Subscribe and sworn to before me this
19 ~)rt
'~::~/"L/--~r,, '
Editor ~3
.,../
] Z day of ~ 7)~
No :'~ ""'
,,4'~:~.,,- '
~n Emmons, Publisher
At ekl hearing all interested
labs 8h~l have the right
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
No. Date
19
No. Date
19
Subscribe and sworn to before me this
)
Editor -
Not ~~.
'-mmons, Publisher
NING AND ZONFdG
Libe~ ~d~;.:~a~,"
Texas, o,
L Texas, o ~ '~,~:~
.(R-l) on the follo~
2.81! acres of i~d in the
W.D.C.~ ~, A-~.
parties shall have the fight
/s/Young Loding
City Secretary
APPUCAT. n~'q NO. 228
PEARLAND
September 23, 1997
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 228.
Request of Sherry L. Applewhite, Agent for Ayrshire Corporation, Owner, for an amendment
to the Land Use and Urban Development Ordinance of said City from Classification Suburban
Development (SD) to Single Family Residential (R-l) on the following described property,
to-wit:
2.811 ac. of land in the W.D.C. Hall Survey, A-23, in Harris County, Texas.
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on September 22, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Mary Starr, and seconded by Commissioner Jack D. Mathis
to approve Application No. 228.
Motion to approve passed 4 to 1 (Commissioner Don Baker abstained).
This is submitted for your consideration.
Pat Lopez, ~
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us