Ord. 509-507 02-26-01 ORDINANCE NO. 509-507
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 LOT 6, BETHEL SUBDIVISION,
SECTION 2, BEING A 3.6419 ACRE TRACT OF LAND OUT OF 25.9538
ACRES OF LAND, OUT OF LOTS 39, 40, 55 AND 56, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 19, H. T. & B. R.R. CO.
SURVEY, BRAZORIA CO., TX (APPLICATION NO. 961)(2045 LEE ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF GEOFFREY
EASTHAM, 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, Geoffrey Eastham, Owner, filed on November 15, 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 15th of January, 2001, 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 16th day of January, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Geoffrey Eastham, Owner, wherebythe Commission
1
ORDINANCE NO. 509-507
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 (RE); 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 February 12, 2001, 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 Geoffrey Eastham, 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 (RE);
such property being more particularly described as:
Lot 6, Bethel Subdivision, Section 2, being a 3.6419 acre tract of land out of
25.9538 acres of land, out of Lots 39, 40, 55 and 56, Allison Richey Gulf Coast
Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. Survey, Brazoria Co., TX
(2045 Lee Road)
2
ORDINANCE NO. 509-507
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.
3
ORDINANCE NO. 509-507
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 12 day of
February ,2001.
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-507
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26 day
of F¢hruary , 2001.
TOM REID
ATTEST: MAYOR
APPROVED AS TO FORM:
D~,RRIN COKER
CITY ATTORNEY
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
~ Change in Zoning Classification from: to: .~,
__ Change in Regulations in Section #:
__ Specific Use for: *
Lot: ~ Block: Subdivision: ~'. f, /
Metes & Bounds Desc~ption:
(unpl~ed prope~y only; ~ach su~ey)
Tax I,D. number:
Proposed use of land within requested designation:
Record owner's name:
/
Owner's mailing address:
~ne~s telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
~[11110~: As owner/a~ent, I hereby petition the City for approval of the above descdbed request as
provided by the laws of the State of Texas and OrOinan~s o[ tho City of Ceadand. 'On a Specific ~se
~e~it request to allow~esidential use in a business zone (OP, ~S, GB) I acknow edge that such use
may be iacompatible n~cu~nt and futuro uses on propedies in my vicinity.
Fees paid: $
' Received by: V ~ ~ ~Applicati°nnumber:
Regiono park ~ Adoir
Coif Course Counb/
City of Pearland, Texas
GEOFFREY EAS'~IAM
FROM
SD TO RE
00-8O7O
5,3
.37
38
22
ZONE SD
ZONE SD
R-~ (340) R- 1 (391 ) }
2~5 ~ (403) ~
zONE so R-I ' "'~t4u~]
zoNE so (527) R-1 (392)
56
~0
2'~ R- 1 (389)
ZONE SO ZONE so
zONE,SO
57
25 R- 1 (4-05)
R- 1 (500)
R-~
R- 1 (433)
2e 42 R-1(426) R-l(
City of Pearland, Texas
GEOFFREY EAS~IAM
FROM
SD TO RE
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harri.s 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- ~"~ 20/jo
No. Date .20 __
No. Date 20
No. Date 20
No. Date 20
;ubscribe and sworn to before me this ,,2~ day of ~,
O~
'Notary ,ou~c, State of Texae ~
NOI1CE ~ A ~
~BUC H~NG OF ~
~ ~IL ~D ~E
~~o,
~S
N~ is ~mby g~ ~t :~ ~' ~' ~ ~ ~ of
2~, ~ 6:~ p.m., ~ ~ ~me Co. Su~ivisi~,
Co~cil and ~e Planning ~ 19, H. T. & B. R. R.
Brazoria, H~ and
~ ~n~t~s, will ~ ~ ~1 im~t-
conduct a Joint hbiic ~ padies shall have the
Hearing in the Couneil ~t and oppoflunity to
C~m~rs, C~ ~, ~9
Libe~y Drive, Pearla~,
Tex., o~ .e requestS. "~
G~ffrey E~; ~r,
~arict (SD) to
Family Dwelling ~
~ tr~ ~ la~ out
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 foJJows:
No. ~ Date
No. Date 20
No. Date 20
No. Date 20
No. Date 20 --
~President
Subscribe and sworn to before me this ~_9 day of
~~~5~, her
Notary ~ubli¢, Stato ~ Texas
~__~.~ ~ : ~,~ Noliceishereby.givenltmt
Published Dec. '27, 2000 & ~ the tSth day of January
Jan. 3, 2001 2~)1, at 6:30 p.m., the City
C.~_ ncit end the Planning
NOTICE OF A JOINT and_Zoning Commission of
PUBBC HEARING OF THE the~ CJly of Peartand,
~ COUNCIL AND 33tE BrailOria, Harr{s and Fort~
PI,,ANNIMG AND ZONI{'iG Bend Counties, Texas, will-~
: conduct ~ Joint Public
Heert[ng in. the Council
Charmin, City ~.1~.
Liberty 'Drive, Paartand,:
TeXa~, on the request of
Geoffrey Eaatham, owner,
~ndn amendment to the
Use and Urban
Development Ordinance of:
Suburban 'Devatopment
~Diatrict (SD) to Single
:Family Dwelling Biatrict
_.:(RE) on the fo'llowing
~4eeaibed pfo~erty, to wit:
;Lot 6, Bethel Subdivision,
:Section 2, bain9 a 3.6419
acre tract of land out o{
25.9538 acree Of land out of
Lots 39, 40, 55 and 56 of
Allison Richly Gulf Coast
Home Co. Subdivision,
Becl~on 19, H. T. & B. R. R
Co. survey, Brazoria Co.,
TX (2045 Lee Road)
k[ said hoari~ ~
,~.~~ the
righ't-and op~)ortunit¥ to
a~pea and be heard o~ the
subiect. -
January 16, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 961
Request of Geoffrey Eastham, 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 (RE) on the following described property, to wit:
Lot 6, Bethel Subdivision, Section 2, being a 3.6419 acre tract of land out of 25.9538 acres of
land, out of Lots 39, 40, 55 and 56, Allison Richey Gulf Coast Home Co. Subdivision, Section
19, H. T. & B. R.R. Co. survey, Brazoria Co., TX (2045 Lee Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 15, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Richard Tetens and seconded by Commissioner Emil A.
Beltz to recommend approval of Zone Change Application No. 961. There was no further
discussion.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Planning & Zoning Commission