Ord. 509-456 05-22-00 ORDINANCE NO. 509-456
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 TRACT I: 1.25 ACRES AND TRACT I1:1 ACRE,
BOTH OUT OF LOT 58, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, AS
RECORDED IN VOLUME 2, PAGE 23 & 24, BRAZORIA COUNTY PLAT
RECORDS, BRAZORIA, COUNTY, TEXAS {APPLICATION NO. 896)(14110
CR 556(HAWK MEADOWS ROAD))FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF LAWRENCE ALDERMAN, 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, Lawrence Alderman, Owner, filed on November 23, 1999, 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 24~ 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 strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 5~ 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, Lawrence Alderman, 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-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 May 22, 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 Lawrence Alderman, 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:
Tract I: 1.25 acres and Tract I1:1 acre, both out of Lot 58, Allison Richey Gulf Coast
Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, as recorded in
Volume 2, pages 23 & 24, Brazoria County plat records, Brazoria County, Texas (14110
CR 556(Hawk Meadows 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. 509-456
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of
May ,2000.
T OI~'REI~D
MAYOR
ATTEST:
C~q'Y S F..~::~RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of
June ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
Cll~( ATTORNEY
~ Ch,ge * Zoning Classificafon
Ch~ge m Regulation in Section
~ Specific Use for: *
Prope~ ad&ess:/~//C ~0[~
Loti ~ Block2 ~~
Metes & Bo~ds Description: ,/~6~
(~pla~ed prope~ o~y; a~ch su~ey~~
TaxI.D. nmber: ~ ~ 0 ~/~ ~ ~ 0 ~ ~ OO f~ /~
Proposed use of l~d wi~ requested dedication:
e ordo er'sn e:
Owner's mailNg address: ,/4
Owner's telephone nmber: ~/
Agent's nme: 5/ /
Agent's mailing address:
Agent's telephone nmber:
PETITION: As owneffagent, I hereby petition the Ci~ for approval of~e above described
request as prodded by the laws of the State of Texas and Ordin~ce of the Ci~ of Pe~l~d. *0n
a Specific Use Pemit request to allow a residential use in a business zone (OP, NS, GB), I
ac~owledge ~at such use may be incompatible with cu~ent ~d furore used on prope~es m my
~cini~.
Owner s s~ ~ Agent' s silage:
Received by: Fee paid: $ ~ ~,~/~.~/~ ~ ~]~ Date paid: ~, -33 4 q
57
R-~ (~o~)
26 14110
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R-~ (420)
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
:landy 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 20
No. Date 20
No. Date 20
No. Date 20,.~
)scribe and sworn to before me this ~ /3 "'~'~
I_au
~otary Public, 8tare el Texas
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
N(aice is ha'eby given ~hat off
the 24th ~y OI .Ap~l, 2000, at
6:30 p.m., the City Coon~
and U~e Plapni~9 and Zoning
Commisside of. the City of
Pemland, Bmzo~, Har~s and
Fort' Bend Counties, Texas,
will conduct a Joint Public
Hearing in the Council
Chambers, City Hall, 35t9
Liberty Oriye, Pearland,
Texas, on t~ /aqueat of
Lawrence Ndemmn; owner~,
for an amendmm~t to the Land
Use ~d U~an
Ordinance of said City from
Clasai~ation $~n
~R~f) on the following
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 Braz°ria and Harris Counties, for / issues, as follows:
No. / Date /--/-//Z. 20 ~f4)
No. Date -- - 20 __
No. ~ Date 20 __
No. Date 20 __
No. Date .~20.--
President
Subscribe and sworn to before me this /.3 /~ay of ,-..~/~,
20.
N(k~~a~'
'PLANN!IIr ~ ~OIIJNQ
6:30
Fo~ ~d Counties, Texas,
will condu~ ~a 3o~nt Public
Hearing i~ the Council
Chamber, 'C~ Hall, 3S19
Ubedy Drive, Pearland,
Te~s, on:tM request of
~ A~e~n, owner,
T~~T~
May 5, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 896
Request of Lawrence Alderman, 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) for the following described property, to wit:
Tract I: 1.25 acres and Tract H: 1 acre, both out of Lot 58, Allison Richey Gulf Coast Home
Co. Subdivision, Section 19, H. T. & B. R. R. Co. Survey, A-243, as recorded in Vol. 2, pg 23
& 24, Brazoria Co. plat records, Brazoria Co., TX (14110 CR 556 (Hawk Meadows Road))
Honorable Mayor and Council Members:
At a regular meeting held on May 1, 2000 after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 896.
Motion to approval passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr,~Shairman
Planning & Zoning Commission