Ord. 509-166 10-13-97ORDINANCE NO. 509-166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 LOT 7, BLOCK 3, SECTION 2 OF THE GARDEN ACRES
SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE
SOUTH 99 ACRES OF SECTION 7 OF THE H.T.&B.R.R. COMPANY SURVEY,
A-219 IN BRAZORIA COUNTY, TEXAS (2628 LAZY BEND STREET)
(APPLICATION 224) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF MARK & ROBYN SMITH, 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, Mark & Robyn Smith, owner, filed on June 27, 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 8 th 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 9th 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 Mark & Robyn Smith, 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 September 22, 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 Mark & Robyn Smith, 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:
Lot 7, Block 3, Section 2 of the Garden Acres Subdivision of the H.C. Johnston
99 Acre Tract, also being the south 99 acres of section 7 of the H.T.&B.R.R.
Company Survey, A-219 in Brazoria County, Texas. (2628 Lazy Bend Street)
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.
2
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. 509-166
PASSED, APPROVED, and ADOPTED on First Reading this .~ 2.-,~day of
,j_-~~~c-~,.-- ,1997.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this/__~/,,.day
of/(~)~~ ,1997.
MAYOR
ATTEST:
APP~ED AS TO FORM:
__ Change in Zoning Classification from:
__ Change in Regulations in Section//:
__ Specific Use for: *
Property address:
/;~ ,/--,'V. 7 7 s'-2-/'
~t: 7 Block: 3
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: .,A,///~ -
Proposed use of land within requested designation:
Subdivision:
Owner's telephone number:
7 ~ ;,F/
Agent's name:
Agent's mailing address: /L,//,,,~
Agent's telephone number: /V//~ -
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.
OwBcr's signature: ~
Sy..~...paid: $ ,/Z,"/C ....
GARDENIA
STREET
ZONE R- 1
ZONE SD
ZONE SD
<
0
LOT 1
LOT 1
ZONE R-1
ZONE R-1
Z
Ld
rn
ZONE SD
N 200'
<~J_ (TYP.)
' (TYP.)
ZONE SD /
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
BROADWAY
ZONE SD
FAMILY DWELLING DISTRICT
STREET
I I
~x~,~.
CIty ot Peertend, Texae
MARK & ROBIN SMITH
ZONE CHANGE
FROM
8D TO R-1
Dd~ JI)NE:, 1997 HORZ:I"~ 200'
~ IF.J.E:.B. CAD FILL~
C~k~ ~f:C.R. LONG97--1053
SHEET
1
or I
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
./If
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:
N o. Date 19
No. Date 19
No. Date 19
No. Date 19
i,,y Editor
Subscribe and sworn to before me this ~ 2--- day of ~
19 z~/l
~ilC E OF A JOINT PUB-
HEARBIG OF THE CITY
UNCIL AND THE PLAN~
:' G AND 'ZONING COM-
I SION OF :THE :CITY
LAND, TEXAS~ '
'tice~she~el~ygive~at~
,. h' day of September,
t~97~, at 6:30 p.m., the City
Council and the P~anning and
'i~ning~ Commission of-the
ity of Pearland, Brazoria and
arris Counties, TeXas~ will
onduct a Joint Public
earing in 'the CounCil
hambers, City Hall, 3519
,I.:iberty Drive, hadand,
~exas;,'On the,mum of Mark'
~nd Robyn Smith, owner, for
'an amendment to the Land
. Use and Ud~n Development
Ordinance of said C!ty from
Classification ' Suburban
Development (SD) to Single
Family Dwelling Disffict (B-l)
?..n the following described
ot 7, Block 3, Section 2 of
he Garden Acres Subdivision
f the H.C. Johnston 99 Acre
~ct, also being the south 99
"resofSection7oftheH.T.
B.R.R. Company Survey:, A-
9 in Brazoria County,
~xas. (2628 Lazy Bend
~reet).
(n application' and maps are
~ndlosed for your infomnation.
~At said headng all interested
i parties shall have the right
and opportunity to appear and
be heard on the subject.
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:
Editor
Subscribe and sworn to before me this
I':' "Public:Noti,ce, .]
"C'/'~E OF A JOINT PUB'
LI~ HEARING (;;F THE CITY
COdNCIL AND THE PLAN-
NI ~G AND ZONING COM-
,M.~.SION dF THE CrTY OF
P ~,RLAND, TEXAS
Nom:e is hereby given that on
tht =8th day of September,
19 7, at 6:30 p.m., the City
Council and the Planning and
Z~,qin9 Commission of the
C~ of Pearland, Brezo~a and
H rris Counties, Texas, will
c~duct a JDint Public
H 'aring in the Council
C 'ambers, City Hall, 3519
L ~erty Drive, Pearland,
T'~xas, on the request of Mark
a~d Robyn Smilh, owner, ,for:
'dinance of said City from
~;ssification Suburban
velopment (SD) to Single
~mily Dwelling Dlatdct (R-l) ~
o~ the following described ~
p ~erty, towit:-- ..... '
I.~t 7, BloCk 3, Section 2 of
t~ Garden ACres Subdivision
~lhe H.C. Johnston 99 Acre
T-.Jact also being me south 99
~res of Section 7 of the H.T.
-~:.R.R, Company Survey, A-
9 in Brazoria County,
xas. (lZ628 Lazy Bend
treet)..
~ ap~ication and maps are
~closed for your information.
A.t said hearing all interested
parties shall have the right
and oppodunity to appear and
be heard on the subject.
--.'i~°~cgr~;~ng .......... .
September 9, 1997
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 224
Request of Mark and Robyn Smith, owner, 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:
Lot 7, Block 3, Section 2 of the Garden Acres Subdivision of the H.C. Johnston 99 Acre
Tract, also being the south 99 acres of section 7 of the H.T.&B.R.R. Company Survey,
A-219 in Brazoria County, Texas. (2628 Lazy Bend Street)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on September 8, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Jack D. Mathis, and seconded by Commissioner Mary
Starr to approve Application No. 224.
Motion passed to approve 4 to 0.
This is submitted for your consideration.
Sincerely,
Emil Beltz, Vice Chairman
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us