Ord. 509-073 06-29-96ORDINANCE NO. 509-73
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 1.90 ACRES OF LAND SITUATED IN LOTS ONE AND TWO,
BLOCK THREE, SKYWAY MANOR SUBDIVISION, BEING A SUBDIVISION
OF 68.24 ACRES OUT OF THE WEST HALF OF THE NORTHWEST ONE-
QUARTER OF SECTION 15, H.T. & B.R.R. CO. SURVEY, ABSTRACT
241, BHAZORIA COUNTY, TEXAS (14706 PIPER ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF BILLY DON
PIERSON, AGENT FOR FIRST ASSEMBLY OF GOD OF PEARLAND, 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, Billy Don Pierson, agent for First Assembly of God of
Pearland, owner, filed on March 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 13th day of May, 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 14th day of May, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the
City Council regarding the proposed amendment application of Billy Don
Pierson, agent for First Assembly of God of Pearland, owner, whereby
1
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 June 10, 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 Billy Don
Pierson, agent, 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 Single Family District (R-l):
1.90 acres of land situated in Lots One (1) and Two (2),
Block Three (3), Skyway Manor Subdivision, being a
subdivision of 68.24 acres out of the West half of the
Northwest one-quarter of Section 15, H.T.& B. R.R. Co.
Survey. Abstract 241, Brazoria County, Texas (14706 Piper
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
2
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, cllause, 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.
ORDINANCE NO. 509-73
VII.
This Ordinance shall become effective after its passage and'
approval on second and final reading.
PASSED, APPROVED, and ADOPTED
/~'~ day of ~ , 1996.
on First Reading
TOM RE ID
MAYOR
this
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~~day of ~ y 0 ~ , 1996. ~.
TOM ~
DI
MAYOR
E S M CULLOWGH
CITY ~ TORNEY
4
CITY Of PEARBAND
IZONE CHANGE APPLICATION
SD Change in Zoning Classification from: sn
__ Change in Regulations in Section #:
tO:
Specific Use for: CHURCH
R I & SPECIFIC
Property address: 14706 PIPER RD.
Lot: 1 & 2 Block: 3
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: SKyWAy
ATTACHED
MaMOR
Tax I.D. number: E760390978
Proposed use of land within requested designation: CHURCH
Record owner's name: FIRST ASSEMBLY OF GOD OF PEARLAND
Owner's mailing address: P.O. BOX 1000 ALVIN, TX 77511
Owner's telephone number: - .. { 71 3 ), 4-82;8648
Agent'shame: BILLY DON PIERSON
Agent's mailing address: I 3 4 4 5 F~X RD.
Agent's telephone number: ( 7 13 ) 4 8 5 - 5 8 7 1
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.
FIRST ASSEMBLY OF ~ /L~~
Owner's signature: GOD OF PEARLAND Agent's signature: c~
Fees paid: $ W~VED Date paid:
Received by: Vr..L.~,~mlmbea'. ".' top/9.6",,~
CITY
LIMITS
1.90 A
C
ZONE SD
F.M. 518
ZONE SD
ZONE SD
'gROADWAY
8 7
7A-/
12
18
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CITY LIMITS
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City of Purland, Texas
OF PEARLAND
k,,I4NICH I~0..1F)6 ,oez,l-.
Ckkd e~C.R. LONG 96-1148
EXHIBIT "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 ~
No. Date 19 .__
No. Date 19 ~
Subscribe and worn to before me this
Editor
day of
Laura Ann Emmons, Publisher
EXHIBIT "B"
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