Ord. 509-378 12-13-99ORDINANCE NO. 509-378
AN ORDINANCE OF THE CITY COUNCIL 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 LOCATION BEING APPROXIMATELY 10 ACRES, A.K.A., LOT 34,
ALLISON-RICHEY GULF COAST HOME CO. SURVEY, A-304, RECORDED IN
VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 821) (MILLER RANCH ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-3) AT THE REQUEST OF JOHN TAYLOR, AGENT FOR THE RITSON
MORRIS CORPORATION, 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, John Taylor, Agent for The Ritson Morris Corporation, Owner, filed on
August 10, 1999, 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 applications for amendment attached hereto, and made a part hereof for all purposes,
as Exhibit "A"; and
WHEREAS, on the 25t~ of October, 1999, 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 2ndday of November, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, John Taylor, Agent for The Ritson Morris Corporation, Owner,
whereby the Commission recommended and approved a change of classification for the
property described in Exhibit'W' from its existing classification of Suburban Development (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 November 22, 1999, 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 John Taylor, Agent forThe Ritson Morris Corporation, Owner, 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) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (13,-3); such
property being more particularly described as:
Being approximately 10 acres, a.k.a., Lot 34, Allison-Richey Gulf Coast Home Co.
Survey, A-304, recorded in volume 2, page107, plat records of Brazoria County, Texas
(Miller Ranch 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 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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-378
PASSED, APPROVED, and ADOPTED on First Reading this
November ., 1999.
ATTEST:
22nd day of
ID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day
of December ,1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
November 2, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 821
Request of John N. Taylor, agent for The Ritson Morris Corporation, owner, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development District (SD) to Single Family Dwelling District (R-3)
on the following described property, to wit:
Being approximately 10 acres, a.k.a., Lot 34, Allison-Richey Gulf Coast Home Co. Survey,
A-304, recorded in Vol. 2, pg 107, plat records of Brazoria Co., TX (Miller Ranch Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 1, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Todd Iocco
to recommend approval of Zone Change Application No. 821.
Motion to approve passed fi to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
CITY OF PERRLAND
ID:713-485-8764 AUG 10'99
CITY OF PI~ARLAND
ZONE CIIANGE APPLICATION
revised 3/5D6
Classification from: ~ ~ to: ~"~--
Change in Regulations in Section #: ~
Specific Use for: *~
Let: ~Jt' Block:
~ I 8u~ivis~n:
Metes & Bounds ~scdption:
(unpla.ed prope.y o.ly; attach s.wey) ~ A~~
Tax I.D. number;
10:07 No.O13 P.02
Proposed use of land within requested designation:
Record?~_~__wner¥. name: '"--'~
~neUs mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owne¢lagent, I hereby petition the Cily 'fOr approval of the above described requeat 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 ' ' '
................ ,~,,~ uo=~ oH p~opeHleS in . ' - ity.
Received by:
ZOnE SD
14
ZoI~ sD
zoN~
15
16
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
R-.3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
ZONE CHANGE
FROM
8D TO
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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. I Date ~r~, ,~ 19~
No. Date 19
No. Date 19 __
No. Date 19 __
No. Date 19
· (/President -
Subscribe and sworn to before me this
day of
" AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
· 2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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. 1 ' ' 'Date
No. Date
NO.
Date
Date
-Date
19
19
19 '-
19__
Subscribe and sworn to before me this
19 ~
Notary Public, State of Texas