Ord. 509-448 04-10-00ORDINANCE NO.
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 3.00 ACRES OF LAND, MORE OF LESS,
BEING A PART 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 (APPLICATION NO. 895) (14202 GARDENS
ROAD (HAWK MEADOWS ROAD)) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF JOE D. & CAROL McWHORTER, 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, Joe D. & Carol McWhorter, 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 "A"; and
WHEREAS, on the 28t~ 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 7~ day of March, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Joe D. & Carol McWhorter, 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-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 27, 2000, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having b,een fully advised in the premises, finds that in the case of the
application of Joe D. & Carol McWhorter, 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:
3.00 acres of land, more of less, being part of Lot 58 & 59, Allison Richey Gulf Coast
Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County,
Texas (14202 Gardens Road (Hawk Meadows Road)
I1.
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.
2
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. 509 448
PASSED, APPROVED, and ADOPTED on First Reading this 27a day of
March, 2000.
ATTEST: ,//~
~UNG~G/ ~ ..,/
~,~,TY SI~RETARY ~
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this Z0thday of
April ,2000.
TOM REID
MAYOR
ATTEST:
' jN(~ L~[I~JG
"Y SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
March 7, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 895
Request of Joe D. & Carol McWhorter, 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:
3.00 acres of land, more of less, being a part of Lots 58 & 59, Allison Richey Gulf Coast Home
Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (14202
Gardens Road (Hawk Meadows Road))
Honorable Mayor and Council Members:
At a regular meeting held on March 6, 2000 at~er a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil A.
Beltz to recommend approval of Zone Change Application No. 895.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
__ Change in Zoning Classification from
__ Change in Regulation in Section #:
__ Specific Use for: *
Property address: I ~ &d)3~.
Lot: ~ Block:
Metes & Bo~ds Description:
(~plaRed prope~ o~y; aRach su~ey)
Subdivision:
TaxI.D. number: Ogq3-oot,3.- /30
Proposed use of land within requested designation:
Record owner'sname: ~"-Oe 9.4
Owner' s mailing address: IL{ ~O~l,_ ~__ f-.- ~-~-(.a p~ctd (c~4
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: $
Received by:
Agent's signature:
Date paid:
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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~-(~ 20 __
No. Date 20
No. Date 20
No. Date 20 __
No. Date 20 __
President
Subscribe and sworn to before me this
.2ocO
La~ ~r
Notary Public, State of Texas
PL. ANNli
~ JOi~t
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 ~'~-//~ 20 z~
No. Date .20
No. Date 20 __
No. Date 20 __
No. Date 20 __
President
Subscribe and sworn to before me
20 ~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
~;~ Sect'et~J ~