Ord. 509-458 06-12-00ORDINANCE NO. 509-458
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 7, BLOCK 2, WAGON WHEEL ADDITION,
A SUBDIVISION OF THE SOUTH 1155 FEET OF THE WEST ~ OF THE
SOUTH ½ OF THE NORTHWEST ~ OF SECTION 14, H.T. & B.R.R. CO.
SURVEY, A-509, BRAZORIA COUNTY, TEXAS, AS RECORDED IN VOLUME
9, PAGE 79, BRAZORIA COUNTY, TEXAS {APPLICATION NO. 916) (5918
LARRRYCREST DRIVE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF JOHN McDONALD, 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 McDonald, Owner, filed on March 10, 2000, 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 24th of April, 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 5th day of May, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, John 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 May 22, 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 John 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:
Lot 7, Block 2, Wagon Wheel Addition, a subdivision of the South 1155 foot of the West
% of the South % of the Northwest % of Section 14, H.T. & B.R.R. Co. Survey, A-509,
Brazoria County, Texas, as recorded in Volume 9, page 79, Brazoria County, Texas
(5918 Larrycrest 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~
III.
The City Council of the City of Pearland finds and determines that the amendment
addpted 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 b'e 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. 509-458
PASSED, APPROVED, and ADOPTED on First Reading this 22nd
May ,2000.
__ day of
TOM REID
MAYOR
ATTEST:
C~.~'Y SECRETARY ~'"
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of
June ,2000.
TOM REID
MAYOR
ATTEST:
S E_.,C~ETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
May5,2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 916
Request of John 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) for the following described property, to wit:
Lot 7, Block 2, Wagon Wheel Addition, a subdivision of the South 1155 ft of the West ½ of the
South ½ of the Northwest 1/4 of Section 14, H. T. & B. R. IL Co. survey, A-509, Brazoria Co.,
TX, as recorded in Vol. 9, pg 79, Brazoria Co., TX (5918 Larrycrest Drive)
Honorable Mayor and Council Members:
At a regular meeting held on May 1, 2000 after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 916.
Motion to approval passed 5 to 0.
This is submitted for your consideration.
Sincerely, _ ~ . /
Mary StarrI Chairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
__ Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: Block:
Subdivision:
Metes & Bounds Descdpfion:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use oflandwithin requested designation: ~¢~;d~/f '/---
Record owner's name: ~/~
Owner's mailing address;..
Owneds telephone number:
Agent's name:
Agent's mailing address: "
A '
gent s telephone number:
_ Owner's signat.ure~
Fees paid: $ ~'~v'~ 'O?M ·
Received by: ~,~_.~..___~
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.
Agent's signature:
Date paid:
Application number:
BECI
LARRYCREST
JOHli M.IN~IiN.D
FROM
8D TO R-1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
~te of Texas
~zoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
~ulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date /7~'- ~ 20 ~0
No. Date 20
No. Date 20
No. Date 20
No. Date 20~.
)scribe and sworn to before me this
Lau~
Notary Public, State of Texas
P
PLANN
Nolice is here{)y giveh ii, at o~'
the 24th day bf Ap~l; 2(X~), at
6:30-1~:m.; the ?y OOu,cil
ahd t h~ plan ning'and:Zohing~
Commission of the ~Cit~,
Pea~l~d, 'B~;az~r~a, H~;rris
and Fort Bend Counties,
*. Texas will c~nduct
.... ~- ~ Public Hearing i/~he'Co~ncil
Single
District (R-l) on ~e.ff~pw!ng
described p~:tO~:' ~-'
Lot 7i Bk3ck 2, Wagon ~Wheel
Addifi&n, ~ s~bd[vi{ o~of the
1155 It of the West 1/2
1/2 of the
~. o! Section 14,
Do. survey,
TX, as
Young Lorling
City Secretary
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 -- - .20
No. Date 20.__
No. Date 20 __
No. Date
Subscribe'and sworn to before me this
20. ~
/..¢
N(
COMMI~$10N OF THE CITY
OF P~I), TEXAS