Ord. 509-087 10-14-96ORDINANCE NO. 509-87
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 A THE WEST 1/2 OF TRACT 47, CONTAINING 5 ACRES, MORE OR
LESS, OF THE ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 19, IN THE H.T. & B. R.R. SURVEY, ABSTRACT
243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE RECORDED MAP
OR PLAT THEREOF IN VOLUME 2, AT PAGE 23 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (2539 ZAPALAC ROAD). FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF ROBIN D.
ZAPALAC, 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, Robin D. Zapalac, owner, filed on July 31, 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 Robin D. Zapalac, 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 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 Robin J. Zapalac, 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-l):
The West 1/2 of Tract 47, containing 5 acres, more or less, of the Allison-
Richey Gulf Coast Home Company Subdivision, Section 19, in the H.T. & B.
R.R. Survey, Abstract 243, Brazoria County, Texas, according to the
recorded map or plat thereof in Volume 2, at Page 23 of the Plat Records of
Brazoria County, Texas (2539 Zapalac Road).
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
2
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.
3
VE,D, and ADOPTED on First Reading this
1996.
day of
T~'~EID
MAYOR
ATTEST:
CITY SECRETARY
C
OVED, and ADOPTED on Second and Final Reading this/~ day
of ,1996. ~,.
TOM REID
MAYOR
ATTEST:
APP~3VED AS TO FORM:
CITY A'TORNEY
4
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot~ Block: Subdivision:
Metes & Bounds DescrilXion:
(~la~ ~~ o~y; a~h ~ey) ~c~/~~,.t~__~.~.~:~?. ..
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's m~miling address:
Owner's telephone mnnber:
q,s"'c- '7 1 yl
Agera's name:
Agent's mailing address:
Ageni'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 and future uses on properties in my vicinity.
Owner's signature:
Received by:
Agent's signature:
Date paid:
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LOT 32
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LOT 64
ZONE SD
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SUBURBAN DISTRICT
LOW DENSITY SINGLE
FAMILY
DWELLING
F.M. 518
LI.I
DISTRICT
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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 noUce 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
No. Date 19
No. Date 19
Editor
Subscribe and worn to before me this
day ol/~/~-~
EXHIBIT "B"