Ord. 509-429 03-27-00ORDINANCE NO. 509.429
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 1.0 ACRES IN LOT 58, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO.
SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 878) (14155 GARDENS ROAD (CR
556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
WALLACE MIZE, 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, Wallace Mize, Owner, filed on November 22, 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 14th 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. Wallace Mize. Owner. 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-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 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 Wallace Mize, 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 (R-l); such
property being more particularly described as:
1.0 acres in Lot 58, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H.T.
& B.R.R. Co. Survey, A-243, Brazoria County, Texas according to the plat recorded in
Volume 2, pages 23-24, plat records of Brazoria County, Texas (14155 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.
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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.
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ORDINANCE NO. 509-429
PASSED, APPROVED, and ADOPTED on First Reading this 13t~ day of
March, 2000.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this27th day of
March ,2000.
TOM REID
MAYOR
ATTEST:
(.~ITY SF.~RETARY ~"
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
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February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re;
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 878
Request of Wallace Mize, 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:
1.0 acres in Lot 58, AHison-Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B.
R. R. Co. survey, A=243, Brazoria Co., TX, according to the plat recorded in VoL 2, pgs 23-24,
plat records of Brazoria Co., TX (14155 Gardens Road (CR 556))
Honorable Mayor and Counc'd 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 I0cco to
recommend approval of Zone Change Application No. 878.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Planning & Zoning Commission
__ Change in Zoning Classification from
__ Change in Regulation in Section #:
__ Specific Use for: *
Property address:/~//_5-.3~ ~/~.//~. ~-$~, d~,a,e~/J A~..)
Lot: ,fl"'~ Block: ~'~'~'/q
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: ~a/~ ~~
Tax I.D. number:
Proposed use of land within requested designation:
Owner's mailing address: t/
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 Ordinance 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 used on properties in my
vicinity.
Owner's signature
Fee paid: $ /(j//~f
Agent's signature:
Date paid:
$9
25
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2'7
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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~ w ~ 5'-/- k_ 20 ~ ~
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20 __
16.r..e~sident
Subscribe and sworn to before me this
20 ~o
Notre of Texas
CilY s~:re~ry *
85181/2888
22:87 283.485639'7 REPORTER NB.4S
rr UAVIf OF PUBLICATION
The Pearland Reporter News
2404 South Park
Peadand, Texas 77581
PAGE
81/81
~te of Texas ·
~zoria end Harris Counties
:andy Emmor~s, hereby certify that the notice hereby appended was Published
IrazorJa and Harris Counties in THE REPORTER NEWS, a .n, ewspaper Of general
ulation in Brazoria'and Harris Counties, for r/ ~ssues, as f~ll°ws: '
NO,
NO.
Date _
Date
Date ". ,
Date
to before me this.: 02.
;ribs and Sworn
President -
Notary Public0 8tats of Te~(as