Ord. 509-426 03-27-00 ORDINANCE NO. 509-426
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 1.0 ACRES OF LAND SITUATED IN LOTS 57
& 58 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 874) (14020 GARDENS ROAD (CR 556)) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF DONALD R.
MURRAY, 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, Donald R. Murray, Owner, filed on November 20, 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 14~h 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 28~ 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, Donald R. Murray, 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 Donald R. Murray, 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 particularlydescribed as:
1.0 acres of land situated in Lots 57 & 58 of the Allison Richey Gulf Coast Home Co.
Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas
(14020 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 heroin 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 proserved for the benefit of the City.
VI.
The City Secretary is hereby dirocted to cause to be proparod 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 roading.
March, 2000.
ORDINANCE NO. 509-426
PASSED, APPROVED, and ADOPTED on First Reading this 13a day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27thday of
Hatch ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
February 28, 2000
Honorable Mayor and Council Members
City Hah
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 874
Request of Donald R. Murray, 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 of land situated in Lots 57 & 58 of the Allison-Richey Gulf Coast Home Co. subdivision,
Section 19, H. T. & B. R.K Co. survey, A-243, Brazoria Co., TX (14020 Gardens Road (CR 556))
Honorable Mayor and Counc'fl Members:
At a regular meefmg 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. 874.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
/
Planning ~ oning Commission
[// Change in Zoning Classification from ,~'/~ to: .~-
__ Change in Regulation in Section #:
__ Specific Use for: *
Metes & Bounds Description:
(unplatted property only; attach survey)
Proposed use of land within requested designation:
Record owner's name:, ~///~_~ff ~.
Owner's telephone number: c,~/~ $/~f~ ~P,6°,~7
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'~~/~/l~ ~._ Agent's signature:
Received by: :
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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,,. ~.5'-f/~ 20 ~ 0
No. Date 20
No. Date 20 __
No. Date 20
No. Date 20 --
16.m~ident
Subscribe and sworn to before me this
day of+j~-~ o.~..
~...~'~ ,~, Publisher
Notar ~ of Texas
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1:0 'aere~ .<)f Jar~i sill/areal in
Lots $~' & $8 Qf~lhe ::Allison
05/01/2000
07 2814@563B7 P REPORTER NE~,~S
rpluAVIT OF UBIJCATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
{ts of Texas
~zoria and Harris Counties
PAGE
01/01
:andy Emmons, hereby certify that the notice hereby appended was Published
IrazorJa and Harri · · '
,'. ., =. s Count!es In THE REPORTER NEW . .n, ewspaper Of gen.eral
· . ., o $.e
u~aaon ~n ~razona and Hams Counties, for _/ · ~ssueg, as f~ll~ws. '
Date _.. - 20..,
Date 20
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Date ' ·
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Date , '20-
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:ribe and sworn
to before me this_ "' 3' .
President , -
Notary PubitC, State ol Te~(e,s