Ord. 509-159 08-25-97ORDINANCE NO. 509-159
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 Q, SECTION 1, 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, BRAZORIA
COUNTY, TEXAS (2447 GARDEN ROAD) (APPLICATION NO. 218) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) ATTHE REQUEST OF HORACE W. PRICE,
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, Horace W. Price, owner, filed on June 13, 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 28 th day of July, 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 29th day of July, 1997, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Horace W. Price, owner, whereby the Commission
recommended and approved a changeof 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 August 11, 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 Horace W. Price, 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 reclassi~ed as Single Family Dwelling District (R-l); such
property being more particularly described as:
Lot Q, Section 1, 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, Brazoria County, Texas. (2447 Garden Road)
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. 509-159
PASSED, APPROVED, and ADOPTED on First Reading this
,1997.
//~day of
TOM REID
MAYOR
ATTEST:
Y~f~N~'~ T~
//TYSE TARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~_~"~day
('/~~~/~7" , 1997.
TOM REID
MAYOR
ATTEST:
Y GL '~
APPRO,VED AS TO FORM:
CITY A'!'I'ORNEY
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
EXHIBIT
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: ff/~
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name: /'L/
Agent's mailing address:
Agent's telephone number:
N/A
Owncr's signature
]:cos paid: $
Received I~),:
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.
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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 '~ q
No. Date 19
No. Date 19
N o. D ate 19
No. Date 19
Subscribe and worn to before me this
Editor
day of
"~':~'~:~"" '"~'~'~'~exas
Laura Ann Emmons, Publisher
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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 ~' q
No. Date 19
No. Date 19
N o. Date 19
No. Date 19
Subscribe and worn to before me this
19 ~rt
co~,,
~o Lbe~y Ddve.
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o~ said c~ bet.'
.15
PEARLAND
July 29, 1997 T F. x w s -
sr. I 8%
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 218
Request of Horace W. Price, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD)to Single Family Dwelling District (R-1) on the following described property,to-wit:
Lot Q, Section 1, 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 ,
Brazoria County, Texas. (2447 Gardens Road)
Honorable Mayor and Council Members:
The Planning and Zoning Commission,at a regular meeting held on July 28, 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 Zoning Application No. 218.
Motion passed to approve 6 to 0.
This is submitted for your consideration.
Sincerely,
1°V1°Y W
Pat Lopez, Chairman
Planning & Zoning Commission
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 • www.ci.pearland.tx.us