Ord. 509-464 06-26-00ORDINANCE NO. 509-464
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 .460 ACRES, A.K.A. TRACT 301A, H.T. &
B.R.R. CO. SURVEY, A-309, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 906) (3054 OLD CHOCOLATE BAYOU ROAD)
FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO
NEIGHBORHOOD SERVICES DISTRICT (NS)AT THE REQUEST OF LONNIE
TURNER, 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, Lonnie Turner, Owner, filed on February 16, 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 'W'; and
WHEREAS, on the 24t~ 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 stdct conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 24t~ 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, Lonnie Turner, Owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Single Family Dwelling District (R-1) to Neighborhood Services District
(NS); 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 June 12, 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 Lonnie Turner, 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 Single Family Dwelling District (R-l) to is hereby
for all purposes changed and reclassified as Neighborhood Services District (NS); such
property being more particularly described as:
.460 acres, a.k.a. Tract 301A, H.T. & B.R.R. Co. Survey, A-309, plat records of Brazoria
County, Texas (3054 Old Chocolate Bayou 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.
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. 509464
PASSED APPROVED, and ADOPTED on First Reading this 12th day of
June ,2000.
TOM REID
MAYOR
ATTEST:
~yNS~E~'ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of
June ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
__ Change in Zoning Classification from: i7-. I to:
__ Change in Regulations in Section #:
__ Specific Use for: *
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owners name: L
Owners mailing address: 5
Owners telephone number:
c/' ~s'-
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As ownedagent, 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.~ ..~
Fees paid: $
Received
Agent's signature:
Date paid: m~be!~4~
Application nu
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FROM
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
9zoria and Harris Counties
:{andy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:ulation in Brazoria and Harris Counties, for / issues, as follows:
No.
No.
No.
No.
No.
Date
Date
Date
Date
Date
>scribe and sworn to before me this
20 ,~o
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
No. 'Date
No. Date
No. Date
Z/'/Z* 20 ~0
Subscribeand sworn to before me this
20
20__
~20
May 24, 2000
Honorable Mayor and Cotmcil Members
City Hall
Pearland, Texas 77581
Re: ZONE CHANGE APPLICATION NO. 906
Request of Lonnie Turner, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Single Family Dwelling District
(R-l) to General Business District (GB) on the following described property, to wit:
.460 acres, a.k.a. Tract 301A, H. T. & B. R.R. Co. survey, A-309, plat records of Brazoria
Co., TX (3054 Old Chocolate Bayou Road)
Honorable Mayor and Cotmeil Members:
At your request, I have spoken to the owner of the above mentioned property regarding his zone
change request. He has agreed to amend his request to change to Neighborhood Services District
(NS).
This is submitted for your consideration.
Sincerely,
Gene Tumlinson
Director of Community Development and Services