Ord. 509-407 02-28-00ORDINANCE NO. 509-407
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 1.25 ACRES OF LAND OUT OF LOT 169,
ZYCKLINSKI SUBDIVISION, SECTION 27, H.T. & B.R.R. CO. SURVEY, A-308,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF IN VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 862) (119 HERBERT DRIVE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF JESSIE H.
BOWMAN & CARY E. McDONALD, 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, Jessie H. Bowman & Cary E. McDonald, Owner, filed on October 28, 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 10th 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 18~ 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, Jesse H. Bowman & Cary E. McDonald, 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 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 14, 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 Jesse H. Bowman & Cary E. McDonald, 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-l); such
property being more particularly described as:
1.25 acres of land out of Lot 169, Zycklinski Subdivision, Section 27, H.T. & B.R.R. Co.
Survey, A-308 Brazoria County, Texas, according to the map or plat thereof in volume
29, page 9, of the deed records of Brazoria County, Texas (119 Herbert Drive)
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.
II1.
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 exemise 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. 509-407
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February, 2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th
of February ,2000.
TOM REID
MAYOR
TUNG~G/-
Y SFcGRETARY ~ ~/
APPROVED AS TO FORM:
day
DARRIN COKER
CITY ATTORNEY
Janua~ 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 862
Request of Jesse H. Bowman & Cary E. McDonald, 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:
1.25 acres of land out of Lot 169, Zycklinski Subdivision, Section 27, H. T. & B. R.R. Co.
survey, A-$08, Brazoria Co., TX, according to the map or plat thereof in Vol. 29, pg 9, of the
deed records of Brazoria Co., TX (119 Herbert Drive)
Honorable Mayor and Council Members:
At a regular meeting held on January 17, 2000, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Todd Ioeeo
to recommend approval of Zone Change Application No. 862.
Motion to approve passed 4 to 0.
This is submitted for your consideraflon.
Sincerely,
Planning & Zoning Commission
CITY OF PEARl,AND
ZONE CHANGE APPLICATION
revised 3~5~96
×~ Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
SD to: Ri
119 Herbe~rt Dr:
Property address:
Pearland Ts. 77584
Lot: '169' Block: 308 I Subdivision: Zychlinski
Metes & Bounds Description:
(unplatted property only; attach survey) Attached Legal Disc and Survey
Tax I.D. number: 03080023125 (copies attached)
Proposed use of land within requested designation: Fam±ly Residence
Record owner's name: Jesse Ho Bowman & Car¥ E. McDonald
Owner's mailing address: 4317 Wells Dr. Pearland Tx. 73584
Owner's telephone number: 281-489-1696 Home 281-489-5461 Work
Agent's name: Y-h lOX
Agent's mailing address: ¢"/, /, Ck
Agent's telephone number: ¢~' I ~
PETITIQN: As ownedagent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Peadand. 'On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible wjJh curre, f~ a~r~ future uses on properties in my vicinity.
Owner's Agent's
Feespaid:$ ~.~"''' Datepaid: ~O~t-~
Rece ved by ' A ' '
leO
OWNERS: ,JESSE H. BOWMAN &:
CARY E. McDONALD
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.' ' ~ i Date
3ubscdbo and sworn to bo~oro mo this .....
LaUra Ann Emmons~lisher
. · . ~ota~
CITY C AND THE
E :CITY
Notice is h~reb~; given ihat Or~
. and (
AFFIDAVIT OF PUBLICATION
The Pearland 'Reporter News
'2404 South .Park
Pearland, Texgas 77581
,.te of Texas
lzoria 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:
' . ' · .' i:"' : ::..' ' -i'-~ . i. ~":'.
No. ,/ "-'Date'" ~/,,Z..2',¢' - '" ':" 19-~?~'
. ..-.! . ..: '.. ,: ~,-.. '-.;~ - . -- :,'. , . .
No. ~ . Date -:-':' '19
'No.' ' :"' :::.:'Date'.`.; :" '
. - . _ ~ .... :. .-;
. ~. . :¢ ";"'::; ; .
No. -~ Date-
scribe and sworn to before me this
Laura Ann Emmons, Publisher
. ' ' :" - ' . i . ' NotaQ/Public, State of Texas "" :-
".:.~.~:..,'~ ... '.,-...'.,; .:-.-
cOMMISSION OF THE cITY
OF PEAR~ND~
~O~ce is'h~ give~ that ~n~
C~ ~u~l ~d the Plannin9
'COunties Tex~s Wiil::~ndJC
Joint Publid'HeaHng in the
~9 Ub~ DHV~, Peadab'd;
0
be right
arid
be heard on the subject.
Young Lofliag: :::::