Ord. 509-142 06-09-97 ORDINANCE NO. 509-142
AN ORDINANCE 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
TRACT 14, WESTCHESTER ESTATES, BRAZORIA COUNTY, TEXAS (2742
WESTCHESTER CIRCLE) (APPLICATION NO. 164) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF GREGORY A. & CYNTHIA COLLINS,
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, Gregory A. & Cynthia Collins, owner, filed on October 1, 1996, 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 19 th day of May, 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 19th day of May, 1997, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Gregory & Cynthia Collins, owner, whereby the Commission
recommended and approved a change of classffication for the property described in Exhibit
· A" from its existing clessffication of Suburban Development Distdct (SD) to Single Family
Dwelling (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 May 19, 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 Gregory A. & Cynthia Collins, 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 (R-1).
Tract 14, Westchester Estates, Brazoria County, Texas (2742 Westchester
Circle)
II.
'[he 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
reclassi~cation of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-142
~S~,/ED, APPROVE:, and ADOPTED on First Reading this ~~.day of
1997. ~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~/.y./_../' , 1997.
ATTEST:
¢~ay
TO~4 REID
MAYOR
yCCULLOUGH (
V Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
UNto ,qT -[HI~ 77m~
Lot: Block:
Metes & Bounds Description: TRBCT /q~ S~eTIofl 17 tt.T. 4 8. R.R. CO.
(unplattedproperty only; attach survey) tgBgTRfiO-T NO. aqo~- BRlgzORIB e0. TX
I.D. number: /fi/'C" 5~
Proposed use of land within requested designation:
R~ I pEAIT/f)/-
ne~o~dow~r's~e: ~REGoR~' R. ~ CfNTHhq Z. C!OLLINS
O,ner's ~Uing address: o~ gBq S. R~/gTIN- /~t~flZ/qn/~;7"EX. 77s'o°/
Owner's telephone number: 7/J'
Agent's name: /~//~
Agent's railing address:
?0,3 zgUZ3ERT
HOU£To~ 7R. 770/7
provided by the laws of the State of Texas and Ordinances o~
Permit request to allow a residential use in a business zone (¢
may be incompatible with current and future uses on properties m my
Owner's signamr · d' ~ Agent's signature:
Fees paid: $~ ' Date paid:
Received by: ~_A~ ~
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REVISED: 4/24/97
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Edwin'H
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 ~-- '7 19 ~r)
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19
Subscribe and worn to before me this
19
Editor
day of ~
~1'i "' · , ~,iR~ES~8S