Ord. 509-103 12-17-97ORDINANCE NO. 509-103
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
IN TRACT 15 OF WESTCHESTER ESTATES, ACCORDING TO THE JACK C.
MCKNIGHT SURVEY THEREOF DATED APRIL 6, 1962, A PARTITION OF
SECTION 17, H.T. & B. R.R. COMPANY SURVEY, ABSTRACT 242,
PATENTED TO SAMUEL MEYER, ASSIGNEE, BY PATENT NO. 15, VOLUME
12
(2726 WESTCHESTER CIRCLE APPLICATION NO. 85) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD| TO SINGLE
FAMILY DWELLING DISTRICT (R-l) ON THE REQUEST OF DAVE E. AND
DIANA RICKEY HAMM; OWNERS; 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, Dave E. and Diana Rickey Hamm, owners, filed on August 13, 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 pert hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 11 th day of November, 1996, a joint public hearing was held
before the Planning and Zoning Commission and the City Council of the C'.m/of Perland,
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 November, 1996, the Planning end Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application of Dave E. and Diana Rickey Hamm,
owners, 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 November 26,_ 1~; and
the application of Dave E. and Diana Rickey Hamm, owners, facts were presentM 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:
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):
Tract 15 of Westchester Estates, according to the Jack C. McKnight Survey
thereof dated April 6, 1962, a partition of Section 17, H.T. & B. R.R.
Company Survey, Abstract 242, patented to Samuel Meyer, Assigrme, by
Patent No. 15, Volume 12 {2726 Westchester Circle).
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
2
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, sefety, and general welfare of the public and is a
proper valid exercle of the City'e POIk:Nt powers.
If any sectlob, su!~ection, ~, tdltme, I~t~, or portion of ~ Ordinance is
for any reason held invalid or ur~xmlUtutfmt~ by m~y court of comment jurisdiction, such
portion shell be deemed a separate, distinct, and hxle~ provision and such holding
shall not affect the validity Of the remaining portions thereof.
All rights and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and am preeNred for the benefit of the
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
PASSED, APPROVED, end ADOPTED on First Reading thle¢~ day of
TOM REID
MAYOR
ATTEST:
1996.
TOM REID
MAYOR
ATTEST:
4
Chan~e in Zonin~ Classification from:
Cban6e in Regulations in Section #:
Specific Use for: *
Agent's name:
Agent's n~iling riddress:
Agenfs 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 Ordinowr~,s of the City of Pearland.. *On a Specific Use
Permit request to allow a reside ' use in ainess zone (OP, NS, GB), I acknowledge that such use
may be incompatible with pto!~cdies in my vicinity.
' '~ ~'"'X:" "': ,,' '
Recei,,ed by: :' :... .': :.*~::i.: :- ..........: ......~;::->-- -:-:- .
ZONE SD
LOT 50
ZONE SO
LOT
ZONESO
32
BROADWAY
16
STREET
17 .e~.~
LOT 3
ZONE SD
SD SUBURBAN DISTRICT
R- 1 LOW DENSITY SINGLE
25
29
FAMILY DWELUNG DISTRICT
'PROPERTY EXHIBIT
Tract ~5, of WESTCHESTER ESTATES, according to the Jack C. McKnight
Survey thereof dated April 6, 1962, a partition of Section
H.T.& B. RR Co. Survey, Abstract 242,.patented to Samuel Meyer,
Assignee, by Patent ~o.15, Volume 12, and being more particularly
described by metes and bounds as follows;
BEGINNING at a ½ inch iron rod found located South a distance of
400.00 feet and South 89 Deg. 57 Min. Sec. West, a distance of
658.00 feet fro~ a 3/4 inch iron pipe found marking the]intersection
of the West line of F.M. 1128, and the South line of F,M~ Road 518;
THENCE South 89 Deg. 57 Min. 00 Sec, WestYalong a line'parallel to
the South line of F.M. Road 518, a dist..!aceof 300.00 feet to a
inch iron rod found for corner;.
THENCE North along h line parallel to the West line of F.M. 112~,
a distance of 150.00 feet to a ½ inch iron rod found for corner; ,
THENCE North 89 Deg. 57 Min. 00. Sec. East along a l~ne parallel to
the South line of F.M. Road 518/a distance of 300.00 feet to a ½
inch iron rod found for corner;
THENCE South along a line parallel to the West line-of F.M~ Road.1128
a distance of 150.00 feet to the POINT OF BEGINNING.
FILED FOR RECORD
NOV 23 Ptt 3:13
CO~JNT Y CI. ERK
8.qAZCI~IA C.."..U.~rY. TEXAS
ou~s E. Lentz 730/227
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EXHIBIT 'l'
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
i; Joan Cummings, hereby cerUfy that the-notice hereby appended wal-ptdilblled
in Brazoria and I-lards Counties in the REPORTER NEWS, a n~wer'per of general
circulation in Brazoria and Harris Counties, fOF / issues, as follows:
No. / Date
No. Date 19
No. Date ' 19
No. Date 19
No. Date 19
Subscribe and worn to before me this
Notary Public, State of Texas
Laura Ann Emmons, Publisher
EXHIBIT