Ord. 509-493 10-23-00ORDINANCE NO. 509-493
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 SOUTH ~ OF THE
NORTH ~ OF LOT 2, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 20, H.T.& B. R.R. CO. SURVEY, A-506, PAGE 2 OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; ALSO KNOWN AS
TRACT 2B (APPLICATION NO. 944) (SOHO DRIVE) FROM CLASS-
IFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DISTRICT (R-l) AT THE REQUEST OF DAVID P. AND KIMBERLY
A. NORTHUP, 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, David P. and Kimberly A. Northup, Owners, filed on August 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 11th of September, 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 20th day of September, 2000, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. 509-493
regarding the proposed amendment application by, David P. and Kimberly A. Northup,
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 October 9, 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 David P. and Kimberly A. Northup, 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-1); such property being more particularly described as:
South ~ of the North Y2 of Lot 2, Allison Richey Gulf Coast Home Co. Subdivision,
Section 20, H.T.& B. R.R. Co. Survey, A-506, page 2 of the plat records of Brazoria
County, Texas; also known as Tract 2B (Soho Drive)
2
ORDINANCE NO. 509-493
I1.
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.
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. 509-493
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 __
October 2000.
9 day of
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-493
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23 day
of October ,2000.
TOM REID
MAYOR
ATTEST:
RETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
Change in Zoning Classification ~'om: a, nzo,-~ot to:
Change in Regulations in Section #:
Specific Use for: *
Property address:
Lot: 2-~[5 Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Currentuse of land: ~ae,~e_loea
.ecord owner's name: tba,,.,a P,, ~ ~.t.---1,,/~, Bo ~l,
ow.er's maili.g address: .S,:,".O r~ ~5,.~HBi tPem"b~:TX~
ow.er's te,epho.e n~her: 1 i~'q;~6.-- ~ %0 q
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),J acknowledge that such use may be
incompatible with ctm'ent and future uses on properties in my vicinity.
u.~.,.,,,,,,,, ,,>. ,i '~.-..,--; I---.y..,-..?p.-~, ":'ii;;i~,.:.;:;l;;',,z,:.~':'~q:... :" '.~'7
CiTY LIMIT LINE
16
CITY LIMIT LINE
Ld ZONE SD
.-~
· -- -~ -- -- z~ 3525 r-""'-
,25 2"_ ~1~ .... ~ ~ '
30 27 -- '~ .... ~
16 1 1 54 k 33 32
NORTHHAMPTON DRIVE
ZONE SD
0
::I:
ZONE SD
HAWK ROAD
19
DAVID · KIMBERLY NORTHUP
ZONE CI'IN~IGE
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. Date
20 ~
20__
No. Date 20 __
No. Date 20 __
No. Date 20 ~
President
Subscribe and sworn to before me this
20 CO
day of (~,
Pub.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 ? '~ 20~/J
NO. Date 20
No. Date 20 __
No. Date 20
No. Date 20 --
Subscribe and sworn to before me this
20/~
" ~;~President
day of -~
L'~W~m~T~U isher
September 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 944
Request of David P. and Kimberely A. Northup, 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:
South ¼ of the North % of Lot 2, Allison Richey Gulf Coast Home Co. Subdivision, Sect 20,
H.T.& B. R.R. Co. survey, A-506, pg 2 of the plat records of Brazoria Co., TX; also known as
Tract 2B (Soho Drive)
Honorable Mayor and Council Members:
At a regular meeting held on September 18, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Richard F.
Tetens to recommend approval of Zone Change Application No. 944.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission