Ord. 509-380 12-13-99ORDINANCE NO. 509-380
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 LOT 2, A 1.0101 ACRE TRACT, AND LOT 3,
A 1.0101 ACRE TRACT, OF BETHEL SUBDIVISION, SECTION 2, OUT OF
LOTS 39, 40, 55 & 56, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 822) (1033
LEE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF TIMOTHY
& DALE NGUYEN, OWNERS, 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, Timothy & Dale Nguyen, Owners, filed on August 17, 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 25th 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 2"dday 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, Timothy & Dale Nguyen, Owners, 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-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 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 Timothy & Dale Nguyen, Owners, 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 (R-l); such
property being more particularly described as:
Lot 2, a 1.0101 acre tract, and Lot 3, a 1.0101 acre tract, of Bethel Subdivision, Section
2, out of Lots 39, 40, 55 & 56, Allison Richey Gulf Coast Home Co. Subdivision, Section
19, H.T. & B.R.R. Co. Survey, A-243, deed records of Brazoria County, Texas (1033
Lee 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.
3
ORDINANCE NO. 509-380
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of
November ,1999,
ATTEST:
TOM REID
MAYOR
SE.~RETARY ~,r ~/
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day
of December ,1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
November 2, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re;
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 822
Request of Timothy & Dale Nguyen, 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-l) on the following described property, to wit:
Lot 2, a 1.0101 acre tract, and Lot 3, a 1.0101 acre tract, of Bethel Subdivision, Section 2,
out of Lots 39, 40, 55 & 56, Allison Richey Gulf Coast Home Co. subdivision, Section 19,
H.T.&B. R.1L Co. Survey, A-243, deed records of Brazoria Co., TX (1033 Lee 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 Emil Beltz
to recommend approval of Zone Change Application No. 822.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
CITy OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
to: /7t
Lot: .~?,4~vD .~ Block: N/~ Subdivision: ~E'T'~L 5o~D'tl/l ",ION .SE(L, 2.
Metes & Bounds Description: ~otcTt4 ~ ~ Roo~ ~.~_. ~),~/ v~. ; E-.,4~F oF z-~_~ f~b ~ t~ ~sT
(unplatted property only; attach survey) ¢~F .5'-r~'- ,~t~.; /'r~Cf'/4 OF /4~14~5 Elb't.~t{ ~_}). ,
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
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 Peadand. *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 my vicinity.
._Agent's signature:
Owner's signatuqe: ~.-'~7~,~"7~'~ ~
Fees paid: $
Date paid: ~" - I'~
Application number:
22
5~
23
55
§6
HUGH------------------ES
25
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
ZONE ~RANEIE
FROM
8D TO R-1
'11JMlUNSO 99-8162
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
No. Date
No. Date
No. Date
No. Date
19
19.--
19
19
Subscribe and sworn to before me this
day of
hsher" '~ " '
CITY COUNCIL AND THE
191HT& E
At said h
parties shall
and oPPO~n~
]be bead on th
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,
NO.
NO.
NO.
NO.
Date
Date .19
Date ~ 19
Date
Date
19
)resident
Subscribe and sworn to before me this
19. ~ff~
day of 0(,~
er
Notary Public, State of Texas