Ord. 509-371 11-22-99ORDINANCE NO. 509-371
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 APPROXIMATELY 18.4 ACRES OUT OF LOT
1, T.D. YOCUM, A-399, A.C.H & B. SURVEY, A-146, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 835) (JOHN LIZER ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT- BUSINESS DISTRICT (SD-B)
TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JAY
ATCHLEY, AGENT FOR DAN M. WARP, ALL, 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, Jay Atchley, agent for Dan M. Warrall, Owner, filed on September 13,
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 11th of October, 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 19th 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 Jay Atchley, agent for Dan M. Warrall, 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 - Business District
(SD-B) 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 November 8, 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 Jay ^tchley, agent for Dan M. Warrall, 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- Business District (SD-B)
to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-l);
such property being more particularly described as:
Being approximately 18.4 acres out of Lot I, T.D. Yocum, A-399, A.C.H. & B. Survey,
A-146, Brazoria County, Texas (John Lizer Road)
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 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. 509-371
PASSED, APPROVED, and ADOPTED on First Reading this
November , 1999.
8th day of
TOM REID
MAYOR
ATTEST:
E ET^RY /
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day
of November ,1999.
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re-'
RECOMMENDATION TO THE CITY coUNcIL ON ZONING APPLICATION
NO. 835
Request of Jay Atchley, agent for Dan M. Warrall, owner, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban
Development - Business (SD-B) to Single Family Dwelling District (R-l) on the following
described property, to wit:
Being approximately 18.4 acres out of Lot 1, T.D. Yocum, A-399, A.C.H & B. survey, A-
146, Brazoria Co., TX (John Lizer Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 18, 1999, after the Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Vice Chairman Tommy Scott
to recommend approval of Zone Change Application No. 835.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Start, Chairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
__ Change in Zoning Classification from: ._~',~--',~ to: ,~O .. /
__ Change in Regulations in Section #:
__ Specific Use for:* ')~ 7'~ ~
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey) ~ "~ S ,.~ ¢{ ~ ~", .~
ACH' ~ 6 ~'.,~j - ~'i'~7 I~.,~,~o, C,~.
Tax I.D. number: O ,~ ~-, O~ ~' --' ~ ~
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
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 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.
Oatepa,d:
Application number: ~-~ ,~,~
ZONE
ZONE
ZONE
ZONE R-2
ZONE
JOHN UZ£R ROAD
ZONE R-4
ZONE R-1
ZONE P
City of Pearlancl, Texas
ZONE CHANGE
FROM
8DB 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 '~',~,~ 19 ~
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 __
II'resident
Subscribe and sworn to before me this
day of ~-7~ (~.
~~, Publisher
Notary Public, State of Texas
the 11th
~Liber~y D
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 ~4. ~-~-' 19
NO. Date 19
No. Date 19__
No. Date 19
No. Date 19
President
Subscribe and sworn to before me this
19 cle~
day of ~,e'~.
Ann Emmons, Publisher
Notary Public, State of Texas