Ord. 509-500 12-11-00ORDINANCE NO. 509-500
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 A 7.066 ACRE TRACT OF LAND
BEING 587.40' OF LOT 41, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, H. T. & B. R.R. CO. SURVEY, SECTION 19, A-
243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 954)(4634
HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT
THE REQUEST OF RICHARD W. DIESE, AGENT, FOR MARY J. RISER,
JENNIE LITTLE LEAZER, HECTOR & MARIA RIOS, 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, Richard W. Diese, agent, for MaW J. Riser, Jennie Little Leazer, Hector
& Maria Rios, Owners, filed on October 14, 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 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 21st day of November, 2000, the Planning and Zoning
ORDINANCE NO. 509-500
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Richard W. Diese, agent, for Mary J.
Riser, Jennie Little Leazer, Hector & Maria Rios, Owners, 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 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 Richard W. Diese, agent, for Mary J. Riser, Jennie Little Leazer, Hector
& Maria Rios, Owners, 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:
A 7.066 acre tract of land being 587.40' of Lot 41, Allison Richey Gulf Coast Home
Company Subdivision, H. T. & B. R.R. Co. Survey, Section 19, A-243, Brazoria
2
ORDINANCE NO. 509-500
County, Texas (4634 HUGHES RANCH 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.
3
ORDINANCE NO. 509-50O
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 11 day of
December ,2000.
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-500
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ll day
of December ,2000.
ATTEST:
~~RET~~
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN COKER
CITY ATTORNEY
5
'! -x I.D. number:
Currc:',t usc of !and:
I'ro,,oscd use orland wi,hin reques,cd dcsig,,ation: "'.~"/"f/?,~' ,'~',,~2'YJ/(/Y/
Record owncr's name: HARY J. RISER
Owncr's n~ailmg addrcss: P.O, BOX 300765, HOUSTON, TX 77230-0765.
Owner'.~ le, lcphonu number. (713) 665-3322
PETITION: As ownerlagcnt, I hercby petition
provided by ~c laws of the Slale of Texas a~ Ordhl~ccs of th~ City or P==dsnd. 'On a Sp¢ci~c Us~ P~nnit
7"
F~es paid: $
......... ,.~ .
52
9
23
ZQN~ SO
39
R-1(389) I
R-1(402)
R-1(,527) R-1(392)
ZONE $D
R-~ (394-)
(433)
R-'I(42S) R-1(~-24.)~8
12
ZONE
1(430)
59
(420) R- ~ (,~2:~) _
60
City of Pearrand, Texas
MARY J. RISER
ZONE CHANGE
FROM
SD TO R-1
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:
/
Date
Date
Date
Date
Date
20
20.__
20
20
20--
~;resident
bscribe and sworn to before me this
day of '~,r~.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
rate of Texas
~azoria and Harri.s 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:'
No. / Date
No. Date
No. Date
No. Date
No. Date
20 {')73 - .
~resident ' '
,scribe and sworn to before me this
day of
November 21, 2000
Honorable Mayor and Council Members
City Hall
Pe~land, Texas 77581
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 954
Request of Richard W. Diese, agent for Mary J. Riser, Hector & Maria Rios, and Jennie
Little Leazer, owners 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:
7.066 acre tract of land being 587.40' of Lot 41, Allison Richey Guff Coast Home Co.
Subdivision, H. T. & B. R.R. Co. survey, Section 19, A-243, Brazoria Co., TX, according to
the plat recorded in Vol. 2, pg 23-24, plat records of Brazoria Co., TX (4634 Hughes Ranch
Road)
Honorable Mayor and Council Members:
At aregular meeting held on November 20, 2000, after 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. 954.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Planning & Zoning Commission