Ord. 509-095 10-28-96ORDINANCE NO. 509-95
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 LOTS 5,6 & 7 OUT. OF WESTCHESTER ESTATES, A PARTITION OF
38.2531 ACRES OUT OF THE H.T. & B. R.R. CO. SURVEY, ABSTRACT 242,
BRAZORIA COUNTY, TEXAS (2850 WESTCHESTER CIRCLE -APPLICATION
#87) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
JOYCE A. AND JACK D. MCGUFF, JR., 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, Joyce A. and Jack D. McGuff, Jr., owners, filed on August 19, 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 23rd day of September, 1996, 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 24th day of September, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application of Joyce A. and Jack D. McGuff, Jr.,
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-1 ); 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 October 14, 1996; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fulW ~ in the prernisas, finds that in the case of
the application of Joyce A. and Jack D, McGuff, Jr., owners, facts Were presemed 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):
Lots 5, 6, & 7 out of Westchester Estates, a partition of 38.2531 acres out
of the H.T. & B. R.R. Co. Survey, Abstract 242, in Brazoria County, Texas
(2850 Westchester Circle).
II.
The City Council of the City of Peadand 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 mendates
of law in the posting and presentation of this matter to the Planning and Zoning
2
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 rarnaining 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.
3
ORDINANCE NO. 509-95
PASSED, APPROVED, and ADOPTED on First Reading this Z~ day of
,1996.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading thi~day
of ~ ,1996.
TOM REID
MAYOR
ATTEST:
AP~VED AS TO FORM:
A~IY TES VlC U~LL~)
CITY ~ORNEY LL
I:.XHIUI I ~A~
.............
__ Ch,~._~ in Zoning Classification from: ~.Z~ to: /~ /
Change in Regulations in Section #:
...... Specific Use for: *
Lot: ~r ~ "11 7 Block: "
Subdivision:
Metes & Bounds Description:
(uaplatted property only; attach ~y)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's nH~phone munber:
Agent's BaBle; ~
Agent's mailing address:
Agent's I~lephone 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 Ordimrr, es of the City of Pearland. *On a Specific Use
.... businert zone (OP, NS, GB), I acknowledge that such use'
Owner's signa.t~_...e_: , Agent's signature:
i..:. ...... p d:
: (J --, ZONS SD2 "~ "
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ZONS SD -~ 'T' . ', ...
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('r'rP.)
37
200'
ZONE S~ ~
ZONE SD
LJJ
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Z
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
FAMILY DWELUNG DISTRICT
.L~ q'~t W. F-, (.~,.re ~1: ~ ~ EXH[B~'~"F"A" 4 '
Margere~ .6 311 85 62
OsDorn ' 10.0 CL m c~ J J 9.92 Bmlly' C.
~ '638'/267~~ 6 Chas. W. 6~,[ ~ '~ ~ ~2 ~ ~ ~ 4' . . , .' 29
BI 47A-~ ~ James C. 63 ·
= . ~~_ DuPries~ :
~us~eI ~. . ,.
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~o.o ~ ~
<annOy, Jr. ~ ~ Jon G. Hawk 4~ --
'Z,,,, H.
· e ·
330/98
D~U~I~gRT~ RD.
General Homes Consolidated
Co., Inc. 1472/219 200.569
Alfred C. I
HrOacek
7
EXHZBZT 'l'
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 z~//--/ 19 (?/¢~
No. Date 19
No. Date 19 __
No. Date
No. Date 19 __
Subscribe and worn to before me this
~CY_//7~ ~(_,/~~
Editor
<-/~/~ day of
a~c ~
Laura Ann Emmons, Publisher
EXHXBZT "B"