Ord. 509-061 03-13-95ORDINANCE NO. 509-61
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
SOUTH OF WEST OAKS SUBDIVISION FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-3) AT THE REQUEST OF JASON METOYER, REKHA ENGINEERING,
INC., AGENT FOR RENEE WEST, WEST DEVELOPMENT, 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, Jason Metoyer, Rekha Engineering Inc., agent for Renee
West, West Development, owner, filed on January 20, 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 13th day of February, 1995, 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 February, 1995, the Planning and
Zoning Commission of the City submitted its report and recommendation
to the City Council regarding the proposed amendment application of
Jason Metoyer, agent, whereby the Commission recommended and approved
a change of classification for the property described in Exhibit "A"
from its existing~lassification of Suburban Development District (SD)
to Single Family Dwelling District (R-3); 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 February 27, 1995; 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 Jason
Metoyer, 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 Dwelling District (R-3):
A 40.9697 acre tract of land out of a 67.88 acre tract of
land in the H.T. & B.R.R. Survey, A-241, Volume 1223, Page
730, Brazoria County Deed Records, Brazoria County, Texas
(located south of West Oaks Subdivision).
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
2
Zoning Commissiom. 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
ORDINA/~CE NO. 509-61
day of
PASSED, APPROVED and ADOPTED on First Reading this
~,Z_U'~',U/_,LAr_A,/'x , 1995o ~
lvr~YOR PRO-TEN
DAVID SMITH
ATTEST:
-CITY EECRET~Y INTERIM CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
- DAVID SMITH
0
ATTEST:
CITY SECPITARY
APPROVED AS TO FORM:
4
EXHIBIT "A"
ZONING CHANGE APPLICATION
CHANGE REOUESTED: -.
Change in Zoning ClassificatiOn
From:~ -~h
To:
f] Change in Regulations in
Section
e Specific Use
For:
pROPERTY IDENTIFICATION:
Street or Road.Address:
Lot , Block , Addition Tax !. }. ~
LEGAL DESCRIPTION: .-
Unp!atted Land: (Must have survey & metes and bounds description) ,~b.q~q7 ~c.
PROPOSED USE OF ~D WITHIN ~O~STED DESIGNATION:
RECORD OWNER:
OWNER' S MAILING ADDRESS [ P~ONE NO.: Z~,~ ~S.~T~-~H~T~-~
AGENT' S N~: 'Z~ ~N~k~a~iN~, }~C~ NO.
AGENT' S MAILING ADDRESS:
PETITION:
AS OWNERAGENT~ ! 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.
S ICNATURE:
OWNER
FEE: $ ~] .,D'~, J~
DATE FILED:
BEVISEO FEB[tUARY 17, 1993
EXHIBIT "A"
~¢R ~
N CT
'G
E'S'TON ELEA'II'TjN7'~I~)' SCttO01,,
200'
200'
/
/
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
REPORTER NEWS
· ' P.O. Box 954
Friendswod, Texas 77546
State of Texas
County of Galveston:
I, Linda Knight, hereby certify that the notice hereby appended was published in Galveston County'in
the REPORTER NEWS, a newspaper for general circulation in Galveston County and Brazoria County, for
/ issues, as follows:,.· :.
No. /
Family ,.D~,.e!lln'g DiStrict (I
:'Si~ 3).. ": ..on, ~:! the :,,.' fo IIo~in
.described property, to Witi
A 40,9697. acre tract of Im
out of a 67.88 acre tract
SUrve~;'~,A'241,.~:VolUm~
Coun!y-T, peed--;Records
appear ~n~ be h~ara'~n'th~
:'
C~ 0f Pearla~d' :~i~'~:',
Date 19
Date 19
Date 19
Date 19
~.LIC HEARING-OF THE crrY
',.COUNCIL AND THEiPLAN~..
"~" NING'-AND ,ZONING tOM-:
~ MISSION OF.THE CITY. OF
; PURL/ND; '~.,~S'~ '~, :~"
6n th~;~3th day bf FebrU.~j
· 1995,':~t'~r:00 P:M., the: Ci~
CoUncil and the' Pl~ni~i~
BraZ'0Na ,' and ".~. karrle;
Do. unties, Texas, will con~'-
!iiCi.ty Hall, 3519 Uberty Drfv~:-
:~Pearland, Texas; on the:
~requeet of Jason Metoye~
~ Rekha Englneerlhg, In~i
~ Agent,. for. Re. nee .Wee(
~;,Weet DeVelopment, Owns
iS
day of/,c~4d -