Ord. 509-524 07-09-01 ORDINANCE NO. 509-524
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 13, BLOCK 3, SKYWAY MANOR
SUBDIVISION, H. T. & B. R.R. COMPANY SURVEY, A-241, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR RECORD IN VOLUME 7,
PAGE 67, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 980) (2901 MANVEL ROAD) FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT (R-l) TO NEIGHBORHOOD
SERVICES DISTRICT (NS) AT THE REQUEST OF CLAUDE AND
MARGARET BIRD, 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, Claude and Margaret Bird, Owners, filed on May 16, 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 11th of June, 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 12th day of June, 2001, the Planning and Zoning Commission
of the City submitted its report end recommendation to the City Council regarding the
1
ORDINANCE NO. 509-524
proposed amendment application by, Claude and Margaret Bird, Owners, whereby the
Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Single Family Dwelling District
(R-l) to Neighborhood Services District (NS); 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 June 25, 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 Claude and Margaret Bird, 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 Single Family Dwelling District (R-l) is
hereby for all purposes changed and reclassified as Neighborhood Services District (NS);
such property being more particularly described as:
Lot 13, Block 3, Skyway Manor Subdivision, H. T. & B. R.R. Company Survey, A-241,
Brazoria County, Texas, according to the map or record in Volume 7, page 67, plat
records of Brazoria County, Texas (2901 Manvel Road).
ORDINANCE NO. 509-524
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.
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ORDINANCE NO. 509-524
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 25 day of
June ,2001,
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-524
PASSED, APPROVED, and ADOPTED on Second and Final ReadLng this 9 day
/\
TOM REID
MAYOR
ATTEST:
UNG" I(~'I~N~-
C~Y S~RETARY ~
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
__ Change in Zoning Classification from: /~ ] to:
__ Change in Regulations in Section #:
Specific Use for: *
Lot: /5 Bl°ck: -~ I Subdivision: .-~'~,t,~,o~ /~w.~.
Metes & Bounds Description:
(unplat~ed property only; attach survey)
Tax I.D. number:
Current use of land: ~/detv e e_
Proposed use of land within requested designation:
Owner's mailing address: ,~- ffd~//~,t..,~' ~,~
Owner's telephone number: ,~/"
Agent's name: ~/,~
Agent's mailing address:
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 with current and ~tur~j us.es on p~rqperfies in my vicinity.
Fees paid: $ (/ Date paid: .~- [ ~-01
Received by: ' '~('"' ~ ~' '
Paradise
Ceme~e~/
South
Hou~on
t~emo~ol
Ga~dens
Cemetery
2901 MANVEL
ROAD
Creek
BROADWAY STREET
03)
:{-1(155~ GB(112)
10 20 G~58) R-1(161) R-1(177)
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ROAD ~
c(~42) ~ ~
MF(152) R_I (161)1u R-1(161)
OL/~DE & M/~q8~'[ BIHD
PROM
R-1 TO N8
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 wasg~pul~lished
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for 1 issues,~as follows:
No. 7' ' Date L/. 2 5" 20 d'/
No. Date 20. __
No.' " Date · '20
No~ . Date 20_
No. Date 20
*' ~/~resi~den~~
;ubscribe and sworn to before me this~o day o/~2~
her
Notary Public, State o~as '
an'
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
c[mulation in Brazoria and Harris Counties, for .~ issues,?as follows:
No. -~' Date --~-~ 20 O/
No. Date 20
No. Date .20
No. Date 20
No. Date 20
Subscribe and sworn to before me this~.c/ day of ~
20 alr ~
Coungil
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 0~' 30 ' '. 2(3 ~ /
No. Date 2Q
No. Date 20
No. Date 20
No. Date 20 --
Subscribe and sworn to before me this -~/ day of ~
20 hi
~~~F'~]~l.~her
Notary Public, Sta{~ o~as
Block 3, S YWe. Y
June 12, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TItE CITY COUNCIL ON ZONING APPLICATION
NO. 980
Request of Claude and Margaret Bird, owners, for an amendment to the Land Use and
Urban Development Ordinance of said City from Single Family Dwelling District (R-l) to
Neighborhood Services District (NS) on the following described property, to wit:
Lot 13, Block 3, Skyway Manor Subdivision, H. T. & B. R.R. Co. survey, A-241, Brazoria Co.,
TX, according to the map of record in Volume 7, page 67, plat records of Brazoria Co., TX
(2901 Manvel Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 11, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Donald
Glenn to recommend approval of Zoning Application No. 980.
Motion to approve passed 3 to 1.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission