Ord. 509-089 10-14-96ORDINANCE NO. 509-89
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, GARDEN ACRES, SECTION 3, A SUBDIVISION OF 24 LOTS
BEING 18.862 ACRES OF LAND OUT OF TRACT 36 OF A SUBDIVISION OF
THE H.T. & B. R.R. CO. SURVEY, SECTION 7, ABSTRACT 219, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OF PLAT THEREOF
RECORDED IN VOLUME 1 O, PAGE 77, PLAT RECORDS, AS CORRECTED BY
VOLUME 923, PAGE 645, OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS (2614 THELMA ST.) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-
1) AT THE REQUEST OF DAN R. AND CONNIE L. MCMASTER, 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, Dan R. And Connie L. McMaster, owners, filed on July 29, 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 9th 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 l Oth 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 Dan R. and Connie L. McMaster,
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 September 23, 1996; 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 Dan R. and Connie L. McMaster, owners, 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 roclassified as Single Family Dwelling District (R-1):
Lot 3, Garden Acres, Section 3, a subdivision of 24 lots being 18.862 acres
of land out of Tract 36 of a subdivision of the H.T. & B. R.R. Co. Survey,
Section 7, Abstract 219, Brazoria County, Texas, according to the map of
plat thereof recorded in Volume 10, page 77, Plat Records, as corrected by
Volume 923, page 645, of the Deed Records of Brazoria County, Texas
(2614 Thelma St.)
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.
and ADOPTED on First Reading this
MAYOR
¢~~day of
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
(~~ , I 996° v__~~t
TOM REID
MAYOR
/~day
ATTEST:
~NDA
CITY SECRETARY
AP|'~)VED AS TO FORM:
CITY A'TORNEY
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I/Change in Zodng Classification from: ~'~ ......... to~ ........... /~{
__ Change in Regulations in Section #:
Specific Use for: *
q
0 219,!-Irazoria.C0nnty, Texas, according to the mp or plat
thered 'recorded in Volume.... 10, Page 77, Plat Records, as
correCted by Volume-923,. Page '645, of the Deed ReCords of
Brazoria County, Tens.
Proposed use of land within requested designation:
Owner's telephone number:
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 allo sident' e in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatib c~rr tu es on operties in my vicinity.
Owner's signa ' ' ·
Fees paid: $~ ~"' ~' ~L~ TDate ,d: 't7 - ~)¢~-q
R~by: ~ ~
GARDENIA STREET
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SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY
DWELLING DISTRICT
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Laura Massey
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John R..Massey
708/109 160,0
1
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 ~ESWS, a newspaper of general
circulation in Brazoria and Harris Counties, for issues, as follows:
No. Date 19
No. Date 19
No. Date 19
No. Date 19 __
Subscribe and worn to before me this
19
ZZ-.-
day of(~~
Laura Ann Emmons, Publisher
EXHZBZT "B"