Ord. 509-381 12-13-99 ORDINANCE NO. 509-381
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 A 1.0101 ACRE TRACT, KNOWN AS LOT 4,
BETHEL SUBDIVISION, SECTION 2, ALLISON-RICHEY GULF COAST HOME
CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 823) (LEE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-l) AT THE REQUEST OF WILLIAM & SANDRA
BAILEY, 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, William & Sandra Bailey, Owners, filed on August 25, 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 25~ 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, William & Sandra Bailey, 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-i); 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 William & Sandra Bailey, 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:
A 1.0101 acre tract, known as Lot 4, Bethel Subdivision, Section 2, Allison Richey Gulf
Coast Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria
County, Texas (Lee Road)
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. 50g-381
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of
November ., 1999,
TOM REID
MAYOR
ATTEST:
~SEIr~RETARY ~ --
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day
of December , 1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5196
__ Change in Zoning Classification from: '~/~ to: ,'~ ~
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address: ,~, ~ ~_. ,'~
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: ~AJlLL/AiJi
Owner's mailing address:
Owners telephone number:
Agent's mailing address:
Agent's telephone number: ~z~1~P~ /$.5 b
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinan~s of the City of Peadand. *On a Specific Use
Pe~it request to allow a residential use in a business zone (OP, NS, CB), I acknowledge that such use
may be incompatible with current and future uses on propedies in my vicinity.
,
Owners sgnature' ~ - '~,
- ~ ~. /,~. -- Agent's signature:
Fees paid: $ ~[~ A Date paid: ~-~
b~_ Application number:
Received
ZONE SD
7
ZONE SD
Oit~ of Pemlam:l, Texa~
ZONE
~D TO
~ SUBURB~ DISTRICT ~ ~ ~.~,
R-1 LOW BENSI~ SINGLE FAMILY DWELLING DISTRICT ~', ~
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 ~--~
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20 --
President
Subscribe and sworn to before me this Z/z' day of
20o13
(~~sher
~TYrOOUNCIL AND~TNE
PLANNING AND ZONING
.COMMI~ION OFTHE CITY
OF PEARLAND, TEXAS
No~ce is hereby g~ven that on
the ~'§th day of October,
Iggg, at ~:30 PM
O~C~u~n~l and t~&-P~annjng'
and Zoning Oommission of
the Olty of P,~afland,
and HalTiS :~b~t es
wi c(~ndi~ ~Jotnt' Public
Heatlog in ~ho
C~am~ers Gty ~a '3~t9
Liberfy Drive, Pearland,
Texas, .~n tho raquaat of.
WiUia,~':~ Sandra Bailey,
.dment te
:Urh~
~elopment Or~aq~ol
s~ Ci~ ~mm Classifi~n
Suburban ;~ D. evelop~t
kot 4~. Be~el~Sub~i~en;
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 ~C~'''~¢-j''z- /."? '19 ~'~'
No. Date '~' ' ' 19__
No. 'Date ~ ' ,'. 19__
No. Date ' ' 19
No; Date 19 __
President
Subscribe and sworn to before me this I,~ day of
19' ~t'4~ er
Notarg Public, State of Texas
PUB~ I,IEAI~IG~F- THE
CITY~C~UNCI~ AND THE
PLANN!NG ANDZONING
COMUISSION-OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 25th.day of October,
1999, et 6:30 PM p.m., the
City Council and the P~nning
and-Zoning ~mmission of
rthe City of Peariand, Brezoria
and Harris Counties, T~xas,
will conduct.a Jotht Public
Hearing in the Council
Chambers, City. Hall, 3519
Liberty Dri~e~ .Peadand,
Texas, on the request of
Williatn & Sandra Bailey,
owner~ for an amendment to
the Lend. Use and Urban
D~¥elopment Ordinance of
said City from Classification
Suburban. Development
District (SD) to Single Family
on the
property,
to w~t: '
t~appearand
November 2, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 823
Request of William & Sandra Bailey, 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:
A 1.0101 acre tract, known as Lot 4, Bethel Subdivision, Section 2, Allison-Richey Gulf
Coast Home Co. Subdivision, Section 19, H.T&B. R.R. Co. Survey, A-243, Brazoria Co.,
TX (Lee Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 1, 1999, after 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. 823.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Start, Chairman
Planning & Zoning Commission