Ord. 509-519 04-09-01 ORDINANCE NO~ 509-519
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 5.364 ACRE TRACT LOCATED IN LOT 11, H.T. &
B.R.R. COMPANY SURVEY, SECTION 14, A-509, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 974)(5509 BAILEY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF KEN
AND PATRICIA SMITH, 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, Ken and Patricia Smith, Owners, filed on February 8, 2001, 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 5th of March, 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 7th day of March, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
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ORDINANCE NO. 509-519
proposed amendment application by, Ken and Patricia Smith, 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 District
(SD) to Estate Lot 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 Mamh 26, 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 Ken and Patricia Smith, 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 Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
A 5.364 acre tract located in Lot 11, H.T. & B.R.R. Company Survey, Section 14,
A-509, Brazoria County, Texas (5509 Bailey Road)
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ORDINANCE NO. 509-519
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.
II1.
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 exemise 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.
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ORDINANCE NO. 509-519
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.
PASSED, APPROVED, and ADOPTED on First Reading this 26 day of
March ,2001.
TOM REID
MAYOR
ATTEST:
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ORDINANCE NO. 509-519
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~ day
of April ,2001.
TOM REID
ATTEST: MAYOR
APPROVED AS TO FORM:
~A-RRIN COKER
CITY ATTORNEY
5
for: *
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: \] ~ C C~.
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address: 40[(a /~~.~
g
Owner's telephone number: o271,45 :I.
Agent's name: ~ '~
Agent's mailing address: IF~ 1 ~-~
Agent's telephone number: ~ /
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 Ordinances of the City of Pearland. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible wit~<'ffr~nt and future uses on properties in my vicinity.
Owner's sign Agent's signature:
Fees paid: $ ,~) ~
Received by:~,,
NOTIFICATION MAP
ZONE SD
zONE $~
ZONE SD
,:
zONE SD
03
C[~ lIMIT 31
11
5509
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FROM
SD'
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.-/'~ 20 O~
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20 __
Subscribe and sworn to before me this/5--day of ,~
20 o~ ~her
Notary Public, State o~as
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 ~-.3 / 20 ~3/
No. Date 20. __
No. Date 20.__
No. Date 20 .__
No. Date 20 --
~President
Subscribe and sworn to before me this ~ day of fc"¢,~
Publish~l Fab~ f;~ & Feb.
2t,;~0!
ZONING
Not~ is hereb~ given that
an~d :Z~hl~g Co~ ~i~' ~f
the
Brazo~ia,
conduct a Joint Publi~
Hearing in the Council
chambem, ~ Hall, 35!9~
Ube~y DriVb; Pe~fland~
Tex~s, on the mque=t Of
Ken and Pat~iCJa Smith
March 7, 2001
Honorable Mayor and Council Members
city Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TItE CITY COUNCIL ON ZONING APPLICATION
]NO. 974
Request of Ken and Patricia Smith, owners for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Estated
Lot Single Family Dwelling District (R-E) on the following described property, to wit:
A 5.364 acre tract located in Lot 11, H. T. & B. R. R. Co. survey, Section 14, A-509, Brazoria
Co., TX (5509 Bailey Road)
Honorable Mayor and Council Members:
At a regular meeting held on March 5, 2001, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd Iocco to
recommend approval of Zoning Application No. 974.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Hincerely, A
· Charles Viktorin, Chairman
Planning & Zoning Commission