Ord. 509-167 10-27-97,ORDINANCE NO. 509-167
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
PROPERR' LOCATED ON TRACT 26 OF WESTCHESTER ESTATES,
ACCORDING TO JACK C. MCKNIGHT SURVEY, A PARTITION IN THE
H.T.&B.R.R. SURVEY ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS
(APPLICATION 225) I~ROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF GEORGE E. BIBBS, 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, George E. Bibbs, owner, filed on July 10, 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 hereDf 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 George E. Bibbs, 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 George E. Bibbs, 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:
Tract 26 of the Westchester Estates, according to Jack C. McKnight survey,
a partition in the H.T.&B.R.R. survey, abstract 242, in Brazoria 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
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. 509-167
PASSED, APPROVED, and ADOPTED on First Reading this/...~-~clay of
~)~ ,1997.
.___~,
TOM REID
MAYOR
A'I'rEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~"~..~day
of 2~(?.,,~~),..~ ,1997.
ATTEST:
TOM REID
MAYOR
lange ~n Zoning Classification from:
~ Change in Regulations in Section #:
__. Specific Use for: *
Lot: ~ ~ Bl~k:
Metes &Bounds Description: .
(unplatted pro~
Tax I.D. num~r:
/
Proposed use of land wi~n requested designlion:
Rr--cEIVI:.U JUL 10 1,~7
EXHIBIT ~_.
sut'divisi°n:l/Ve 5 T'&!4/.trek
~ lVl t j, 5(
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 w,i/jh current and future uses on properties in my vicinity.
Owner's ,signat'ur~/~~
I:ecs paid:
Rcccivcd I
Agent's signature: /,~/r//~
paid: f"/0"
,.
A.r}F:lication number: '. ' '.
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IFM 1281
AFFIDAVIT OF PUBLICATION
State of Texas
Brazoria and Harris Counties
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
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:
Subscribe and sworn to before me this
19 ~~2'~)
Editor
day of
Notary:
A r' f,~-,c,
AFFIDAVIT OF PUBLICATION
State of Texas
Brazoria and Harris Counties
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
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 '~ '/D 19
N o. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19
Editor
] ,/ day of '
~ub~
Laura Ann Emmons, Publisher
*NQANDZOmNQ~
PEARLAND
September 23, 1997
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 225.
Request of George E. Bibbs, 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:
Tract 26 of Westchester Estates, according to Jack C. McKnight survey, a partition in the
H.T. & B. Railroad survey, Abstract 242, Brazoria Co., TX.
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 Tommy L. Scott, and seconded by Commissioner Mary Starr
to approve Application No. 225.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 · www. ci.pearland.tx.us