Ord. 509-419 03-27-00ORDINANCE NO. 509-419
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 8.88 ACRES OUT OF LOT 1-F OF THE W.W.
STONE ESTATE, LOCATED IN THE W.T. DOBSON SURVEY, A-187,
BRAZOIRA COUNTY TEXAS (APPLICATION NO. 867) (12906 STONE ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF BYRON
&JUANITASUTHERLAND, 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, Byron & Juanita Sutherland, Owners, filed on November 14, 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 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, Byron & Juanita Sutherland, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
"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 Byron & Juanita Sutherland, 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:
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-1); such
property being more particularly described as:
8.88 acres out of Lot 1-F of the W.W. Stone Estate, located in the W.T. Dobson Survey,
A-187, Brazoria County, Texas (12906 Stone Road)
11.
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
Ill.
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
ORDINANCE NO. 509-419
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
March , 2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27thday of
March ,2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
6»
TOM REID
MAYOR
4
February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 867
Request of Byron & Juanita Sutherland, 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-1) on the following described property, to wit:
8.88 acres out of Lot 1-F of the W.W. Stone Estate, located in the W.T. Dobson Survey, A-187,
Brazoria Co., TX (12906 Stone Road)
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 Vice -Chairman Tommy L. Scott and seconded by Commissioner Emil
Beltz to reconunend approval of Zone Change Application No. 867.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
ri Skakkagel--
Mary Starr, an
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
I Change in Zoning Classification from: Srf ikASP L to: R,t S ID FN( T I —
AL
Change in Regulations in Section #:
Specific Use for*
Property address: 12e06 SToNE RD. , ERLAN-X,/
11581
Lot: F Block: 1
t2'1 W.TboDSonl REF FS
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: S I N CrL E
t'AM I L V IC E S t !PENCE"
Record owner's name:BYROM k JUANtTA/ SOTHER.LANA
Owner's mailing address: 24C Co uN'rgY CLU $ DR.,
-�
PEAeLAMP lx.. 115$1
Owner's telephone number 2-81 - y 85 - 30 t 1
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 Ordinances 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 uses on properties in my vicinity.
Owner's signatur
Agent's signature:
Fees paid: $
C
/
Date paid: ) - `y
Received by: 9017),h � J
J /yj,/�
. , � _
Ow.)
11111j
yr, STONE ROAD
111.11
33 49 ■■■ e
re.
n RR1A1
Cigr of Pwrlend Texas
BYRON & JJAMiA BYIHEHLAND
ZONEERCOHMANGE
8D TO R-1
APP. Hugo?
DEC.
1999
9�n e.J.EB
Sale
MHZ:V.40
VERT'1
ar9 an G. TUMIUNSOP
CAD /18
99-8199
SHEET
OF 1
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 -) °— ZSfk 20 a o
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 'en"
day of Jam.
Publisher
Notary = :,,,; `„`f e of Texas
94.7
ralbrarrjb-HNT
PUBLIC HEARING OF THE
CITY CO,UNCIL'AND THE
PLANNINIG`AMID ZONINO
COMMISSION `OF THE CITY'
OF PEARLAND, TEXASs
Notice is heredy pen tftatgn,
the 141h day of February,
2408 at�$ 30P_m 41he Grty
l ouFcil anti the.Plai in9 grld
Zpntng Cent_ swn of the
City of Pearland, Braz0rI*
Harris and Fort Bend:
Counties, Texas, will conduct"
Joint Public Heanng m the
Council Chembers Cltll ali.'
3519 Lrb$!t, 4dYefrP
Texas, gn the;4 ll
=Byr0h &..yenta Sdii
owner, for art i atddmtl l
the Land Use anUrbar'
Development Ordinance of
•said Gay frontCles.GncOallon,
Suburban
Dcstnct (9PLto; ,gay.
Enaeqing-10Valttcl.(R 1)*0n the
following described property,
town:
8 88 apre?z cut At Lot 1.F, d
.wi
the w. Sine gs 1l.
ed, jo the`?N,Ts Dobson Sum*, A41.33razoria Co;
TX (12go8 s3 oadi
At said hear0a tried •
p'a ligta "the ri t,.
and oppueOcketnd
,behear'
Young Lorny
City Secretary
TION110..847
05/01/2000
r12814856397 REPORTER NEWS
�aiT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
tte of Texas
tzoria and Harris Counties
'PAGE 01/01
'andy Emmons, hereby certify that the notice hereby appended was published
lrazoria and Harris Counties in THE REPORTER NEWS, a .newspaper Of oeneral
ulation in Brazoria .and Harris Counties, for
issues, as follows:
/ No. Date 20
2
�
No. Date
No. Date _
No. Date
No. _ Date
tribe and sworn to before me this
20 �.
20._
20
20
President
LAU .4 A, EM;9ONa
Texapl
U, fIT,$i ii CX.Qti @3 • J$
hor
Notary Public, State of Texas
ubJic Notice
NOTICE .OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 14th day of February,,
2000, at 6:30 p.m.,, the City
Council and the Planning and
Zoning Commission of the
City of Pearland, .Brazoria;
Harris and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Peadand,
-Texas, on the request of
If Byron & Juanita Sutherland,
owner, for an amendment to -
the Land Use 'and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to Single Family
Dwelling District (R-1) on the
.follOWing described property,
8.88 acres out of Lot 1-F of
the W.W. Stone Estate, locat-
ed in the W.T. Dobson
• Survey, A-187, Brazoria Co.,
TX (12906 Stone Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the su,bject.
Young Lorfing
City_Secretary
APPLICATION NO. 867