Ord. 509-375 11-22-99ORDINANCE NO. 509-375
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 LOT 22, BEING 10.00 ACRES, ALLISON-
RICHEY GULF COAST HOME CO. SUBDIVISION, IN THE H.T. & B.R.R. CO.
SURVEY, A-304, RECORDED IN VOLUME 2, PAGES 107 & 108, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 652) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-3) AT THE REQUEST OF JOHN TAYLOR, AGENT
FOR THE RITSON MORRIS CORPORATION, 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, John Taylor, Agent for The Ritson Morris Corporation, Owner, filed on
November 16, 1998, 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 'W'; and
WHEREAS, on the 8th of March, 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 2naday of November, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, John Taylor, Agent for The Ritson Morris Corporation, 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 (SD)
to Single Family Dwelling District (R-3); 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 John Taylor, Agent for The Ritson Morris Corporation, 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 District (SD) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-3); such
property being more particularly described as:
Lot 22, being 10.00 acres, Allison-Richey Gulf Coast Home Co. Subdivision, in the H.T.
& B.R.R. Co. Survey, A-304, recorded in Volume 2, pages 107 & 108, plat records of
Brazoria County, Texas
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.
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. 509-375
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of
November .,1999.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day
of Novmeber ,1999.
TOM REID
MAYOR
ATTEST:
(~TUNG~~II~G//
Y SF..,CRETARY*'
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
November 2, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 652
Request of John Taylor, agent for The Ritson Morris Corporation, 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-3)
on the following described property, to wit:
Lot 22, being 10.00 acres, Ailison-Richey Gulf Coast Home Co. subdivision, in the H. T. &
B. R. R. Co. survey, A-304, recorded in Vol. 2, pgs 107 & 108, plat records of Brazoria Co.,
TX
Honorable Mayor and Council Members:
At a regular meeting held on March 8, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motiOn was made by Vice Chairperson Tommy Scott and seconded by Commissioner Pat
Lopez to recommend approval of Zone Change Application No. 652.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Chairperson
Change in Zoning Classification from: 5 ~ to: ~,-~:1o
Change in Regulations in Section #:
Specific Use for: *
Property address: ~'o, yrB
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: ~ ¢x~.o~3
Owner's mailing address: ~¢~[
Owner's telephone number: -~'~ 5 --
Agent's name: ~-'O~1,3 ~ .'-~"'&-'t
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 a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with on properties in my vicinity.
Owner's si
Fees paid:
Received by:
Date
02/24/1999 11:04 2814121231 PISD
C~?~ OF P~ARLAN~ I~:?1~-~85-$76~ FEB 25'99
PAGE 84
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SD SUBURBAN DISTftlCT
R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLINg
DISTRICT
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 ,,2.-- / "~ 19 '~
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 --
Subscribe and sworn to before me this [% day of
~sher
Notary Public, State of Texas
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 19 __
No. Date 19__
No. Date 19 __
No. Date 19 --
President
Subscribe and sworn to before me this ,2-~' day of f'¢--~-
19 ~