Ord. 509-414 03-13-00 ORDINANCE NO. 509-414
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 5.0 ACRES, MORE OR LESS, BEING THE
NORTH % OF LOT 7, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 854) (1025 CULLEN BOULEVARD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
RAYMOND & EMMA VAUGHAN, 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, Raymond & Emma Vaughan, Owners, filed on October 19, 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 10~ of January, 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 18th day of January, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Raymond & Emma Vaughan, 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 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 February 28, 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 Raymond & Emma Vaughan, 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:
5.0 acres, more or less, being the North % of Lot 7, Allison Richey Gulf Coast Home Co.
Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas
(1025 Cullen Boulevard)
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.
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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. 509-414
PASSED, APPROVED, and ADOPTED on First Reading this 28th day of
February, 2000.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day of
March, 2000.
ATTEST:
APPROVED AS TO FORM:
MAYOR
DARRIN COKER
CITY ATTORNEY
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January 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO Ti:IE CITY COUNCIL ON ZONING APPLICATION
NO. 854
Request of Raymond & Emma Vaughan, 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:
5.0 acres, more or less, being the North ½ of Lot 7, Allison-Richey Gulf Coast Home Co.
subdivision, Section 19, H. T. & B. 1L1L Co. survey, A-243, Brazoria Co., TX (1025 Cullen
Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on January 17, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Russ Selemon
to recommend denial of Zone Change Application No. 854.
Motion to deny passed 4 to 0.
This is submitted for your consideration.
Sincerely, .., ~
Ma~y -St arr,~hairman v t/
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: - I
Property address: IO2..5- rJ~ ,~/~.,~ (_(~,I.,'LI..~_,/q
Lot: 7 Block: Subdivision:
Tax I.D. number:
Proposed use of land within requested designation: P~ 6: $ I D ~/M "Fl ,,~/--
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
)rovided by the laws of the State of Texas and Ordinances of the City of Peariand. *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 pro erties in m v~cm~t .
..',, .' /~ --,t ..... :4 P Y ' ' 'y
'g ~'",,-d'~"~-£~' ~ ,__~/~.¢.,¢ ~,~ge~ts signature:
Fees paid: $ j/'~ I~_..,,,- ~" Date paid:
Received bY: ..~J~/t~ f-)_ ~./__~,)L/'~2,(_Applioati°n number:
50
6
23 R-'~ (3,,-0)
ZONE SD
ZONE SD
52
ZONE SD
24
CRYI
HUGHES RANCH RD.
9
10
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
RAYMOND & EMMA
ZONE CH4N~E
FROM
8D TO R-1
AFFIDAVIT OF 'PUBLICAIlON
The pearland ~Repo~ter 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 B~azoria and Harris Counties, for /' ' issues, as follows:
.'.-:'..'::' :'..:-': '">.i:.2_.,-'Z_'~ -'-' ""19~ 12..: ~..
NO. / ~a~e ....
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~ubscribo and swOrn.to baforo
kaura ~nn [mmons~lishor
-'~AI-1-119AVI I' OF FUBLICAIION
The Pearland Reporter News
'2404 South Park
Texas 77581
Pearland,
te of Texas
zoria and Harris Counties
andy Emmons, hereby certify that the notice hereby appended was published
~razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ulation in Brazoria and Harris Counties, for ~ issues, as follows:
./ ' ' "'Date
scribe and sworn to before me this
dayof ;~'~ '
LaUra Ann Emmons, Publisher
Notary public, State Of Texas' '.;"
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