Ord. 509-069 04-22-96ORDINMICE NO. 509-69
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 APPROXIMATELY 2.79 ACRES OUT OF RESERVE 'A' IN
TWIN WOOD SUBDIVISION (1255 OLD ALVIN ROAD), FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO
SUBURBAN DEVELOPMENT RESIDENTIAL DISTRICT (SDR) AT THE
REQUEST OF RONALD STEVE SMITH, 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, Ronald Steve Smith, owner, filed on December 22, 1995,
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 25th day of March, 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 26th day of March, 19'96, the Planning and Zoning
Commission of the City submitted its report and recommendation to the
City Council regarding the proposed amendment application of Ronald
Steve Smith, owner, whereby the Commission recommended and approved
a change of classification for the property described in Exhibit 'A'
from its existing classification of Single Family Dwelling District
(R-2) to Suburban Development Residential District (SDR)~ 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 April 8, 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 Ronald
Steve Smith, owner, facts were presentedwhich, 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 pEAPJ~AND, TEXAS:
The following described property located within the corporate
City limits of the City of Pearland, Texas, and presently classified
as Single Family Dwelling District (R-2) is hereby for all purposes
changed and reclassified Suburban Development Residential District
(SDR):
Approximately 2.79 acres out of Reserve 'A' in Twin Wood
Subdivision (1255 Old Alvin 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 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
City's police powers.
public and is a proper valid exercise of the
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.
Ve
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
ORDINaSCg NO. 509-69
PASSED, APPROVED, and ADOPTED
~~ day of ~ , 1996.
on First Reading
TOM REID
MAYOR
this
ATTEST:
C Y SECRETARY
PASSED,
~~daY of
APPROVED, and ADOPTED on Second and Final Reading this
, 1996.
TOM REID
MAYOR
ATTEST:
~~-~SEC~TARy
APPRO D AS TO FORM:
4
J
CITY OF PEAR~ND
/ zo caA n,acAX o.
Change in Zoning Classification from: }¢-- 2-to:
__ Change in Regulations in Section #:
Specific Use for:
Property addrus: / ~' 5 F'
Lot:
Subdivision:
(unplaned property only; attach survey)
Proposed use of land within requested designation:
Record owncr's name:
Owner's mailing address:
Owners telephone number:.
AgeDes name:
Agent's mailing address:
Agcnt's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provi20~aws of the ~as and Ordinances of the City of Pearland.
Ownei"s signature: Agent's signature:
Fees paid: $ / ~ err., Date .J~'.'d: / 2--~.2, Z/.~. C
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AFFIDAVIT OF PUBLICATION
Before me, the undersigned authortty,'on thte day personally
appeared GLORIA BOIRE, Buglnesg Henager for THE JOURNAL, ·
newepsper having Senate1 circulation In Brezorta County,
Texas, who beta8 by me duly sworn, deposes end says that the
fore~otn8 attached notice was published in said nevspsper'
on the following date(s), to-wit:
, 19
, 19
Subscribed snd sworn to this
19 (~( 0 ·
, 19 .
(SEAL)
NOTARY PUBLIC
STATE OF TEXAS
AUTHORIZED TO DO
BUSINESS IN Tt/AS AS A
GUARANTEE THAT THE
SIDOER W1LL ENTER INTO
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EXECUTE BONDS WITHIN
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazorla and Harris Counties
t, Joan Cummings, hereby GertHy that the notice hereby appended was published
in Brazorla and Harris Counties In the REPORTER NEWS, a fmwepaper of general
circulation In Brazoda and Harris CounUes, for { Issues, 8s follows:
No. Date 19
No. Date 19
No. Date 19 .
No. Date 19
Subscribe and worn to before me this
19 ~
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Laura Ann Emmons, Publisher