Ord. 509-379 12-13-99 ORDINANCE NO. 509-379
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 1, BLOCK 2, MASUDA SUBDIVISION,
ACCORDING TO THE PLAT RECORDED IN VOLUME 19, PAGES 37~38, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
761) (7021 WEST CLIFF STONE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT
THE REQUEST OF ALF & KATHY SHATTO, OWNERS, 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, AIf& Kathy Shatto, Owners, filed on February 26, 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 25th of October, 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 2"dday of November, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, AIf & Kathy Shatto, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development (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 November 22, 1999, 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 AIf & Kathy Shatto, Owners, 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 1, Block 2, Masuda Subdivision, according to the plat recorded in Volume 19, pages
37-38, of the plat records of Brazoria County, Texas (7021 West Cliff Stone Road
I1.
The City Council of the City of Pearland finds and determines that the recitations ~n
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. 509-379
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of
November' , 1999.
TOM REID
MAYOR
ATTEST:
NGFINGSF.,C RETARY" ~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 1;~th day
of December' , 1999.
TOM REID
MAYOR
ATTEST:
lUNG
ITY SE~gRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
~Cha,,ge in Zoning Classification .om:
~ Change in Re~latio~ in Section
~ S~cific Use for: *
Pro~rty address: ~ / ~, ~ ~,~
Metes & Bounds Description:
(unplatted pro~rty offiy; attach su~ey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: /// v~ .~//ffO~/0t
/
Owner's mailing address: ~ff~/ ~$ ~ ~,ff ;~ ~
Owner's telephone numar: ~/~
Agent's ~me: ~ ~ ~
Agent's mailing address: ~ ~
Agent's telephone numar: ~ ]~
PETITION: As owner/agent, I hereby ~tition the City for approval of ~e a~ve descried request as
provided by the laws of the State of Texas and Ordi~nces of the City of Pentland. *On a S~cific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use
may ~ incompatible with current and future uses on pro~rties in my vici~ty.
'1 ZONE SD
ZONE R-~ BLOCK
19
ROBIN
ZONE SD
20
5 ~ 3
ZONE SD
WEST ROAD
21 55
ZONE SO 702l WEST CtJl=i=
8TONE ROAD
54
22
ZONE SD
ZONE CIM~I~E
FROM
8D TO R-1
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT ,,,...~,~,
.... . AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, lexas 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 ~_/~, ,~ 19~
NO. Date 19 __
No. Date 19
No. Date 19
No. Date 19 --
Subscribe and sworn to before me this ~ day of. ~-~'
~ ~~~~4~bllshe r
Notary ~t~exas
PLANNING AND ZONING
coMu o.
.Notice is hereby given~t~at on'
:the 25th day of
1999, at 6=~0.
Cou~il and'the Plannln~] a'nd '
Zoning Commission of the
City of Peartand, Brazo[i~ and
Harris Counties, Toxa~, will'
~onduct a .Joint Public
Hearing- in '~tha- COun~cil
Chambers, City Halt, 351~
Liberty Drlv~ Pearland,
.Texas, on the request 0f
~Kathy Shatto, owner, for an
amendment to the Land USe
and Urban Development
Drdinanca of said.City:frohi
parties
and o
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 20
No. Date 20 __
No. Date 20
No. Date 20 --
Subscribe and sworn to before me this / day of
~N~tar~ Pu~c, State of
,~,r~atea~'~xas
c~Y ~
COBBISSION OF THE CITY
OF pEARLAgD, TEXAS
Nogce is he~l~y given that on
the 25th ~ay ~o~ October~~.
1999, et 6:30'~.m.. the City~
~Council a~the'~lahni,~d ~
Zoning CoUrtS,oh of th~
Ci~ of Pe~dr B~zo~a ~nd
Harris Counties~ Texas. will
~ndact ~ ~Qint Public
Haaring ip;;the Couqcil
~hambers,~ Hell. 3519
Liberty Pearlandj
Texas
Ka~
the ~nd Use
and
Ordinance
Clas Suburban
~ist~ct (R-~)
on the descdbed
'Lot 1. ~-2, Uasuda
37-~8 of thereat R~cords~
8r~oria C6[,r~X {7021 ~.
C"ff Stone R~)~-
~t s~id-h~ari~g all interesie
padies'sha~ye the right
and ~p~du~ a~a[ and
be hea~ on th~ ~ubj~t, ,
Young Lo~g',;~.
November 2, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 761
Request of AIf & Kathy Shatto, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD) to Single Family Dwelling District (R-l) on the following described property, to wit:
Lot 1, Block 2, Masuda subdivision, according to the plat recorded in Vol. 19, pgs 37-38, of
the plat records of Brazoria Co., TX (7021 W. Cliff Stone Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 1, 1999, at~er the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 761.
Motion to approve passed $ to 0.
This is submitted for your consideration.
Sincerely,
Maw S~arr, Chairman
Planning & Zoning Commission