Ord. 509-492 10-23-00ORDINANCE NO. 509-492
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 .7868 ACRES OF LAND
OUT OF AND PART OF THE COMMERCIAL RESERVE IN BLOCK 12, WEST
LEA SUBDIVISION, SECTION 2, ACCORDING TO VOLUME 11, PAGE 69
AND VOLUME 12, PAGE 23, BOTH OF PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 939) (MANVEL ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF GLEN R. JONES,
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, Glen R. Jones, Owner, filed on July 19, 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 28th of August, 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. 509-492
regarding the proposed amendment application by, Glen R. Jones, 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-1); 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 Glen R. Jones, 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:
.7868 acres of land out of and part of the Commercial Reserve in Block 12, West Lea
Subdivision, Section 2, according to Volume. 11, page 69 and Volume 12, page 23,
both of plat records of Brazoria County, Texas (Manvel Road)
2
ORDINANCE NO. 509-492
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 furlher 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. 509-492
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.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 9 day of
October ,2000.
TOM REID
MAYOR
ATTEST:
U~Y~ET~~
YS Y
4
ORDINANCE NO. 509-492
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23 day
of October ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
C~'~
Change in Regulations in Section #:
Specific Use for: *
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: /d/ff~c'T .L ff,,~
Tax I.D. number: o20D O - O,y--/,i~O
Current use of land:
Proposed use ofland within requested designation:
Recordowner'shame:
Owner's mailing address:
Agent's name:
'7 7Jc~g~
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 current and future uses on properties in my vicinity.
Owner's signature: gVL fl, C;(4d/
Fees paid: $ c>~50' ~{')
;...~,..,.~,, ,,,.. ~ --4 ~ ("
Agent's signature:
Date paid:
alt'li&l:: ."-"':~'.(':,...,G':' ..... ' ...
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3
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R- (2a7)
LU
R- 1 (287)
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~- MOCKINGBIRD LN.
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Ld
Z ZONE SD
ZONE SD
9
BAILEY RD.
MOCKINGBIRD LN.
6 7
5 R- 1 (287)
R1~)(287)
R- 1 (287)
1 7
2 7 R- (28)
HERON LN.
CI'Pf LIMIT LINE
1
8D TO R-1
10
5
6 7
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
No. Date
No. Date
No. Date
20 ~
20__
20~
2O__
2O--
~President
Subscribe and sworn to before me this
20
day of ~
s, Publisher
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
No. Date
20 ~L3
2O
No. Date 20
No. Date 20 __
No. Date 20 --
~President
Subscribe and sworn to before me this
20. ~
/7
day of ~/~ *
La~ura~ Publisher
Notary Public, State of Texas
September 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 939
Request of Glen R. Jones, 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:
.7868 acres of land out of and part of the Commercial Reserve in Block 12, West Lea
Subdivision, Section 2, according to Vol. 11, pg 69 and Vo!. 12, pg 23, both of plat records of
Brazoria Co., TX (Manvel Road)
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 Russ Selemon
to recommend approval o f Zone Change Application No. 939.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission