Ord. 509-117 02-10-97ORDINANCE NO. 509-117
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
ON LOT 3, BLOCK 2 OF GARDEN ACRES SUBDIVISION, SECTION 2, AN
ADDITION IN BRAZORIA COUNTY, TEXAS (2549 GARDEN ROAD -
APPLICATION NO. 106) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) ON THE REQUEST OF BOBBY F. PEARCE, 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, Bobby F. Pearce, owner, filed on August 30, 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 13th day of January, 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 14th day of January, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application of Bobby F. Pearce, 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 mee{ing on January 27, 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 Bobby F. Pearce, 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-1):
Being Lot 3 in Block 2 of Garden Acres Subdivision, Section 2, an addition
in Brazoria County, Texas (2549 Garden Rd.).
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. 509-117
PASSED, APPROVED, and ADOPTED on First Reading this~;;~'Y day of
,1997.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this/~/2h~
day
o~'~~-~ ,1997. ~.
TOM REID
MAYOR
ATTEST:
CITY ATTORNEY
Change in Zoning Classification from:
__ Change in Regulatiom in Section #:
__ Specific Use for: *
Property address: 2 ¢ '4
Lot: ,.,. Block:
Metes & Bounds Description:
(unp!atted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
/ l?d2
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 with current ,a future uses on properties in my vicinity.
Owner's signature: '~,.," _ , '4g./~ .,7 Agent's signature:
Fees paid: $ Date pa~ / 5 c? ¢/,,
~. .,.
Recev.~:d I,x. j ,-.,~-" Aplflicalion number:
2549 GARDEN
ROAD
EXHIBIT "A"
GARDENIA
LOT 1
<C
0 Z
LLI
I
>--
N
ZONE SD
Z
b.J LOT 7
0
LOT 7
ZONE SD
ZONE SD
ZONE SD
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
BROADWAY
ZONE SD
FAMILY DWELLING DISTRICT
STREET
I I
City of Peartend, Texas
BOBBY F. PEAFIOE
ZONE CHANGE
FROM
8D TO R-1
HO~qZ:t', 200'
SEPT.., 1996 ~; I '-
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EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Tile Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the noticd hereby appended was publishcd
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of 9cncral
circulation in Brazoria and Harris Courttics, for / issues, as follows:
No. /) Date /,2.-
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and worn to before me this -~/
E d i t oJ rf ;FZ //(-: A~ ¢/~
day of
EXHIBIT "B"
:! UC HEARING OF THE CITY: OrdinaRce of MId City from
~'~' I AND THE PLAN 7" Classif cation Suburban
~" ' M "' DevelopmeN District (SD) to
Notice is hereby given that on Being Lot 3 in Block 2 of
the 13th day of January, Garden Acres Subdivision,
~ 1997, at 6:30 p.m., the Cily
Council and the Planning and Section 2 an addition in
' Brazoria County, Texas (2549
Zoning Commission of the Garden Rd.)
City of Pearland, Brazoria and
Hards Counties, Texas, will' At said hearing all interested
IIii- conduct a Joint Public parties shall have the right and
Hearing in the Council ' opportunity to'appear and be
: .........................~;Liberty Drive, Pearland,~:/s/yolanda .