Ord. 509-364 11-08-99ORDINANCE NO. 509-364
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 A TRACT SITUATED IN LOT 9, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SUBURBAN GARDENS,
SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, RECORDED IN VOLUME 2,
PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 812) (2330 STERLING ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF DARREN & JOAN GARNER, 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, Darren & Joan Garner, Owners, filed on July 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 27th of September, 1999, 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 5th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Darren & Joan Garner, 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 October 25, 1999, 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 Darren & Joan Garner, Owners, facts were 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:
A tract in Lot 9, Allison Richey Gulf Coast Home Co. Subdivision, Suburban Gardens,
Section 20, H.T. & B.R.R. Co. Survey, A-506, recorded in volume 2, page 23, plat
records of Brazoria County, Texas (2330 Sterling 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.
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. 509-364
PASSED, APPROVED, and ADOPTED on First Reading this
October , 1999.
25th day of
MAYOR
ATTEST:
J.G,d~,~"' / ,~ //
S EC~LZI'ARY ~// 4,'
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of November , 1999.
TOM REID
MAYOR
ATTEST:
8th
APPROVED AS TO FORM:
day
DARRIN COKER
CITY ATTORNEY
ORDINANCENO
50~3~
October 5, 1999
Honorable Mayor and Council Members
City Hail
Pearland, Texas 77581
Re:
RECOMMENDATION TO Tile CITY COUNCIL ON ZONING APPLICATION
NO. 812
Request of Darren & Joan Garner, 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-l) on the following described property, to wit:
A tract situated in Lot 9, Allison Richey Gulf Coast Home Co. subdivision, Suburban Gardens,
Section 20, H.T.&B. R.R. Co. survey, A-506, recorded in Vol. 2, pg. 23, plat records of Brazoria
Co., TX (2330 Sterling Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 4, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Donaid Glenn and seconded by Vice-Chairman Tommy
Scott to recommend approval of Zone Change Application No. 812.
Motion to approve passed S to 0.
This is submitted for your consideration.
Sincerely,
Mary Start, Chairman
Planning & Zoning Commission
CITY OF PEAR]LAND
ZONE CHANGE APPLICATION
revised 3~5/96
~__._ Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
Lot: L0q~( Block:
Metes & Bounds Description:
(unplalted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: c~ ~,~
.ecord owner's name: i~¢rq ~ 3~00~
Owner's mailing address: ~)~ ~) ~..1~ ~-~, V~
Owner's te,ephone n,.,mber: ,9-7 l' '~ ~ 1- ,~ ~,'7 ?
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As ownedagent, 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 Peadand. *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 signature:, Agent's signature:
Fees paid:
Receive
Application number: ~ I ~)...
ZONE SD
41
4-2
- --'~ONTY ROAD 4-03
ZONE R-1
8
zONE R-1
9
ZONE SD
ZONE SD
10
Wo
zONE SD
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
11
City of Peedand, Texa~
DARREN & dONl m
ZONE CHANGE
FROM
8D TO R-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
No. Date
No. Date
No. Date
No. Date
19
19__
19__
¢'resident
;ubscribe and sworn to before me this
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 not ce' hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
cimulation in Brazoria and HarrisCounties, for / issues, as follows:
NO.__
NO.
NO.
NO.
Date
Date
Date
Date
19
19' :"
NO.
Date
Subscribe and sworn to before me this
day of '~-
NotarY Public, State of Texas
PLANNING AND ZONING
COMMISGION/~F THE cITY
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~&-2.7[ll~daY Of Se~er,
Counci "~ the
Z~ning c0mmissio~ 0f:the~