Ord. 509-450 04-24-00 ORDINANCE NO. 509-450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 LOT 12, BLOCK 4, WAGON WHEEL
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-509, ACCORDING TO THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 591)
(6222 BECKEY LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF JOHN L. COLE, 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, John L. Cole, Owner, filed on October 19, 1998, 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 8th of March, 1999, 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 21= day of March, 2000, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, John L. Cole, 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 April 10, 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 John L. Cole, 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:
Lot 12, Block 4, Wagon Wheel Subdivision, H.T. & B.R.R. Co. Survey, A-509,
according to the plat records of Brazoria County, Texas (6222 Beckey Lane)
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.
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. 509-450
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
April ,2000. ~,~
TOM REID
MAYOR
ATTEST:
~' LTNGL~)t~fI(G /-/'/ ~/
'Y SECRETARY ~'"
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of
April ,2000.
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
__ Change m Zo,,i,,g C assir, cation from: -5Z9 to:,C/
__ Change itl Regulations in Section ~:
~ S~cific Use for: *
Pro~rty address: ~ ~ ~ ~ ~/~-~ ~//~ ~'
Metes & Bounds Description:
(unplatted pro~rty oNy; attach su~ey)
Tax I.D. numar: ~ ~ ~/~ ~& 7 /~ ~
Proposed use of land within requested designafion: _~/,///~'~-- ~,'~,~//'
Record owner's name: ,~]~ ,/_/'//../ ~ ~/"dS' ff___ ~-~
Owner's mailing address: -~.~2 R ~/~-- [/,,,,~"-~c
Owner's telephone number: (~--~6r~-/..) ~ ~ 7 "-7. ~5)d57
Agent's name: iq/,~
Agent's mailing address: /I///~
Agent's telephone number:
PETITION: As owner/agent, I hereby petition tile City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of tile City of Pearland. *On a Specific Use
Per,nit 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 ~roperties in my vicinity.
t5222 BECKY ZONe- SD
LANE
PATRIDGE DR. _____---
FROM
8D TO I:i-1
SD SUBURBAN DISTRICT , ....-~
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Yexas 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 ,,2.- /
No Date 19 __
No. Date 19
No. Date 19 __
No. Date 19 --
Subscribe and sworn to before me this l% day of ~--e~.
Notary Public, State of Texas
LIC HE/di~ OF THE CITY
COUNC~AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
Notice la hazy ~n ~ ~
fha 8th day of Mamh, *1999, at
6:30 p.m., the City Counci~ Lot 12, BIk.'4, Wagon Wheel
and the Planning and Zonk~g '. ~ubdivlaion, HT& B RR Co.
Commission of the City of ~rvey, A-509, accordiqg to
Psariand, Brazoria and Harris the plat records of Brazoria
CeunlJes Texas will coeduot i Co., TX (6222 Be:kW Lane)
~a Jotnt Public Hee~ng in the '
Council Chambers, City Hall*, !:~ said hee~ing all in~ereotnd
3519 Uhariy Drive, Peerland, :~rties shall have the right
Texas, ~n ~he re~ueg*eot doha ~ ~oportunity to appee~ and
merit to the ~dUseand ~ ?
Urban ~, ~Devel0pme"t
Ordinance'of:Said Cily from
Classification
~velopment (SD)to ~
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 ,~.-,,2.~ 19
No. Date 19
No. Date 19 __
No. Date 19 __
No. Date 19 __
President
Subscribe and sworn to before me this ,,2.~' day of f'¢---~-
19 '~
AND ZOHIHG COU-
6:~ p.m., ~he Gi~y ~unGII
~ P~nnl~ ~ ~n~
~lsslon of the City
L~e,~,~
m~ to the L~d Use
U~ ~mnt
C~flication
~2,~4, w~
y~ Lo~
March 21, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 591
Request of John L. Cole, 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:
Lot 12, Block 4, Wagon Wheel Subdivision, H. T. & B. R.R. Co. survey, A-509, according
to the plat records of Brazoria Co., TX (6222 Beckey Lane)
Honorable Mayor and Council Members:
At a regular meeting held on March 8, 1999, after the Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request and recommended approval.
This is submitted for your consideration.
Sincerely,
Mary Starr
Planning & Zoning Chairperson