Ord. 509-430 03-27-00 ORDINANCE NO. 509-430
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 A 1.75 ACRE TRACT OUT OF LOTS 58 & 59,
ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T.
& B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO
THE MAP AS RECORDED IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 879) (14203 GARDENS
ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF DALE & BILLIE MOORE, 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, Dale & Billie Moore, Owners, filed on November 23, 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 'W'; and
WHEREAS, on the 14t~ of February, 2000, 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 28th day of February, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Dale & Billie Moore, Owners, whereby 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, 1); 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 March 13, 2000, 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 Dale & Billie Moore, 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:
A 1.75 acre tract out of Lots 58 & 59, Allison Richey Gulf Coast Home Co. Subdivision,
Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas according to the
map as recorded in Volume 2, pages 23-24, plat records of Brazoria County, Texas
(14203 Gardens Road (CR 556))
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
March, 2000.
ORDINANCE NO. 509-430
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~Tthday of
March ,2000.
TOM-REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
February 28, 2000
Honorable Mayor and Council Members
City Hall
Peadand, Texas 77581
Re;
RECOMMENDATION TO TIlE CITY COUNCIL ON ZONING APPLICATION
NO. 879
Request of Dale & Billie Moore, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Single
Family Dwelling District (R-l) on the following described property, to wit:
A 1.75 acre tract out of Lots 58 & 59, Allison-Richey Guff Coast Home Co. subdivision, Section
19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map as recorded
in Vol. 2, pgs 23-24, plat records, Brazoria Co., TX (14203 Gardens Road (CR 556))
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd Iocco to
recommend approval of Zone Change Application No. 879.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Si?~e~rely, c~ , . ~ /
Planning & Zoning Commission
Change in Zoning Classification from~._-~'~Kffl' to: [~-I
__ Change in Regulation in Section #:
__ Specific Use for: *
Propetlyaddress: [/~{2>> O,~. S"~'G, ~~ ~~
Lot: ~a Block: ~ ] Subdi~sion: ~ ~ ~N~ ~ ~
Metes & Bo~ds Description: ~
(~plaaed prope~ only; aaach s~ey)
Tax I.D. n~ber: ~
Proposed use of l~d ~n requested desi~ation: ~~
Record owner's n~e~ ~, 0~~ ~' ~~
Owner's mailing address: ~q~ e.~.~-~ ¢~~~~/~/
Owner's telephone number: Lgl - ~ ~ I ~ I I
Agent's nme:
Agent's m~ling address:
Agent's mlephone number:
PETITION: As omer/agent, I hereby petition ~e CiW for approval of the above described
request as prohded by ~e laws of the State of Texas ~d Ord~ce of the CiW of Pearled. *On
a Specific Use Pemt request to allow a residential use in a business zone (OP, NS, GB), I
ac~owledge ~m such use may be incompatible with c~ent ~d h~e used on propeffies ~ my
vic~w.
Owner's si~a~re:~ Q J~ Agent's si~a~re: __
Fee paid: $ ~/ ~
Received by: ~_ _ ~ ~7~~ ~- . .............. :~ ..-~:.~~~¢
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City of Pee~nd, Texae
FROM
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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. Date '~-c~v,,_ Z.~'-f/~ 20 z~ c~
No. Date 20 __
No. Date 20 __
No. Date 20 __
No. Date 20 __
~.r~iaent
Subscribe and sworn to before me this
20. ~o
day of '-~ o.,.~.
Notarg~e of Texas
~'7 ¢
~ND ZbN!N(~
05/0172880
22:07 2814856397 REPORTER NEWS
-r'fUAVlT OF PUBLICATION
The .Pearland Reporter News
2404 South Park
Pearland, Texas 77581
PAGE
01/01
~te of Texas .
Izoria and Harris Counties
:andy Emmor~s, hereby certify that the notice hereby appended was published
IrazorJa and Hards Counties in THE REPORTER NEWS, a .newspaper Of general
ulation in Bra~oria'and Harris Counties, for / ,
' ssues, as fOllows: '
No,
No. ~
Date
Date
Date
Date
Date
NO,
;ribe and sworn
to before me this_ "' ,~'
President = ' -
Notary Public, State ot' Tej<as
and o
be heard oral
Young Lorfing ;'