Ord. 509-501 12-11-00 ORDINANCE NO. 509-501
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 1.16 ACRES OUT OF LOT 49,
ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20,
H. T. & B. R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OF RECORD IN VOLUME 2, PAGES 23-24,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
955)(HAWK ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT
THE REQUEST OF LARRY MOSER, 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, Larry Moser, Owner, filed on October 5, 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 properly 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 20th Of November, 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 21't day of November, 2000, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application I~y, Larry Moser, Owner, whereby the
1
ORDINANCE NO. 509-501
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 December 11,2000, 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 Larry Moser, 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-1);
such property being more particularly described as:
1.16 acres out of Lot 49, Allison Richey Gulf Coast Home Co. Subdivision, Section
20, H. T. & B. R.R. Co. Survey, A-506, Brazoria County, Texas, according to the
map of record in Volume 2, pages 23-24, plat records of Brazoria County, Texas
(Hawk Road).
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ORDINANCE NO. 509-501
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.
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ORDINANCE NO. 509-501
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.
PASSED, APPROVED, and ADOPTED on First Reading this Z]. day of
December ,2000.
TOM REID
MAYOR
ATTEST:
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ORDINANCE NO. 509-501
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 3-]- day
of December ,2000.
ATTEST:
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN COKER
CITY ATTORNEY
5
Change in Regulations in Section #:
Specific Use tbr: *
Property address: /,/L~ 0-,C~ ~~
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use oftand:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Proposed use of land within requested designation:
V
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 residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible with curre and future uses on properties in my vicinity.
Owner's signatur~:~ Agent's signature:
Fees paid' $~/_61/_61/_~s~; Date aid' l(D __~7-- Z~D
· /.~ /,..,~.,,,:&~.~i.,.,:.....,.:..:..~:.......... 5':"'
.:~"~ '~',~ 'rb. %....q~.,.'
Received bx t t ' '-' "' ..... ~ '~" ' u('i et . ...._ ....
ZONE SD 33 ZONE
19
(28g)21
1,1628 ACRES
HAWK ROAD ~ow,.~
ZONE SD
~9
ZONE SD
35 5Q
ZONE SD ZONE SD
36
51
R-1 (¢27)
R-1(428)
R-~ (,~ ~-)
5
22
52
CRYSTAL LAKE CIRCLE N,
II
CfiY UMff UNE
HUGHES RANC..I RD.
9
CH:y of Pearland, Texas
LARRY MOSER
ZONE CHANCE
FROM
SD TO R-1
""~NOV.. 2000
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
rate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was pubfished
Brazoria and Harris COunties in THE REPORTER NEWS, a newspaper of .general
-culation in Brazoria and Harris Counties, for/ issues, as follows:
No. / Date
No. Date
No. Date
No. Date
No. Date
.Y/-/ 20
20--
bscribe and sworn to before me this
~resident '
dayof '~-
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Iate of Texas
-azoria and Harris Counties
· Randy Emmons, hereby certify that the notice hereby appended was published.
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
'culation in Brazoria and Harris Counties, for / issues, as follows:·
' ' ~resident
~scribe and sworn to before me this
November 21, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 955
Request of Larry Moser, 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:
1.16 acres out of Lot 49, Allison Richey Gulf Coast Home Co. Subdivision, Section 20, H. T.
& B. R.R. Co. survey, A-506, Brazoria Co., TX, according to the map of record in Vol. 2, pgs
23-24, plat records of Brazoria Co., TX (Hawk Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 20, 2000, at~er a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Richard Tetens and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 955.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Planning & Zoning Commission