Ord. 509-086 10-14-96ORDINANCE NO. 509-86
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 0.9630 ACRE TRACT OF LAND, AND BEING A PART OF LOT 'G", OF
GARDEN ACRES SUBDIVISION, SECTION 1, OUT OF H.C. JOHNSTON 99
ACRE TRACT BEING THE SOUTH 99 ACRES OF THE H.T.& B R.R. CO.
SURVEY, SECTION 7, ABSTRACT NO. 219, BRAZORIA COUNTY, TEXAS,
AS DESCRIBED IN DEED RECORDED IN VOLUME 595, PAGE 63, OF THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (LAURIE ST.), FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF ALLEN J.
ROBINSON, 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, Allen J. Robinson, owner, filed on July 23, 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 10th 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 Allen J. Robinson, 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 Allen J. Robinson, 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, more particularly described in Exhibit 'A",
attached hereto and incorporated herein for all purposes, 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 a 0.9630 acre tract of land, and being a part of Lot "G" of Garden
Acres Subdivision, Section 1, out of H.C. Johnston 99 acre tract, being the
South 99 acres of the H.T. & B R.R. Co. Survey, Section 7, Abstract No.
219, Brazoria County, Texas, as described in deed recorded in Volume 595,
Page 63, of the Deed Records of Brazoria County, Texas (6114 Laurie St.).
II.
The City Council of the City of Pearland finds and determines that the recitations
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 deerned 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.
~VE,D'1996.
and ADOPTED on First Reading this c:~~
~ TO~'REID
MAYOR
day of
ATTEST:
CITY SECRETARY
of
OVED, and ADOPTED on Second and Final Reading this//~day
,1996.
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
APP~VED AS TO FORM:
__ Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
Lot: Block: $ubdivision
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Owner's mailing address:
Owner's telephone mirabet:
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 acimowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: ~~~r,~I¢~,,, Agent's signature:
Fe~s paid: $ Date paid:
Received by:
CITY UMITS ~
ZONE
LAURIE DRIVE
ZONE
ZONE R-2
GARDENIA
ZONE sD
DRIVE
Ld r'~
> ZONE so .,
-- O
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
FAMILY
DWELLING DISTRICT
8OTOR..1
~ kJ. HARelIOV~ 9e--11&4 OIr t
f
maine e 0.9630 acre %ract of lend, end belni · pert of !,or "(3", of Set-
den Acres Subdivision0 Section l, out of H.C. Jobretch 8g acre tract
beLnl the South 99 acres of the HTtB RR Co. Survey, Section 7, Rbetract
Ho. 219, arezorLa County, TeN, ee described l~ deed recorded In VoI-
ume 6gS, Peas 63° of the Deed Records of Brazoria County, Texas, said
0.9630 acre tract heine ere partlculerIy described by metes end bounds
es foilova:
COrlHENCING at e 1/2" Iron rod at the Northeast corner of the aforemen-
tioned Section 1, vhloh bears N 8g del 40 mLn hi, e distance of ~.0'
e~ Sou~h e disease of 410.0' from l~ Nor~u~ corer of .~d H.C.
JohM~on gg ~re ~r~, said Iron r~ silo ~1~ In t~ Sou~h r~lh~-of-
aY lJ~ of COunty Ro~ ~Z e~ ~ ~w~ rtlh~-of-~y 11~ of County
R~ ~a '-
THENCE South, alone the Meet rllht,-of-vmy ILne of County Road 103, s
alLotenos of 250.0' to e 1/2" Iron rode
THENCE N 8g de8 40 rain Id, alon~ the South line of eeld SectLon 1, e
diet,enos of 160.0' to e Z/2' Iron rod end heine the PI,ACE OF BEGINN-
ZNe of said O. 9630 acre tract, of lend;
THENCE cont,lnuln8 N 88 del 40 aLtn 14 · diet, once of 167.80' t,o e rood-
en st, eke belNI t,he Southvest, corner of eeLd 0.8630 acre tract;
THENCE North a distance of 250.0' to a ~oden stake in the South rilht-
of-ray line of County Road 751; and heine the Northwest corner oi· said
0. g630 acre tract;
THENCE S 8g des 40 rain E alone the South rimht-of-~ey l~ne of County
Road 751 e distance of 167.80' to e Z/2" Iron rod for the Northeast, Cor-
ner of seld 0.8630 tracts
THENCE South e dlet,ence of 250.0' to the PI, RCE OF BEGTNNTN8 and oon-
tsLnin8 0.9630 acres of lend, more or less, end beln8 pert of t,he sam
propert,y conveyed to Roberie V. Duck by deed dated February 4, 1986,
and ~ecorded In Volume ZI5, Pass 856, of the 1985 Official Records of
Brszorle Count,y, Texas, end sho~n as Tract I In said deed.
EXHIBIT"
Jean .~., Ra~er, 917 F~anY~j~, Houston, Texas 77002
EXHXBIT "B"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
i, 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
No. Date
No. Date
19
19__
No. Date
No. Date
19__
19
Subscribe and worn to before me this
Editor
d.y of
Notary Public, State of Texas
Laura Ann Emmons, Publisher
F.~HZU&I 'D