Ord. 509-495 10-23-00 ORDINANCE NO. 509-495
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING .76 ACRES OF LAND SITUATED IN
A 10 ACRE TRACT IN THE SOUTH ~/~ OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546,
BRAZORIA COUNTY, TEXAS; (CALLED LOT 7 OF THE UNRECORDED
SHARONDALE SUBDIVISION) (APPLICATION NO. 949) (6034
SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST
OF BRUCE L. REGLING, 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, Bruce L. Regling, Owner, filed on August 31, 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 25th of September, 2000, 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 3rd day of October, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Bruce L. Regling, Owner, whereby the Commission
1
ORDINANCE NO. 509-495
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 (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 October 23, 2000, 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 Bruce L. Regling, 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 (R-l);
such property being more particularly described as:
.76 acres of land situated in a 10 acre tract in the South 1~ of the Northeast 1/4 of
the Southeast 1/4 of the G.C. Smith Survey, Section 16, A-546, Brazoria County,
Texas; (called Lot 7 of the unrecorded Sharondale Subdivision) (6034 Sharondale
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
2
ORDINANCE NO. 509-495
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.
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.
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.
3
ORDINANCE NO. 509-495
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 23 day of
October ,2000.
TOM REID
MAYOR
ATTEST:
{~ITY S~CRETAR'~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13 day
of November ,2000.
TOM REID
MAYOR
4
ORDINANCE NO. 509-495
ATTEST:
.,NG ~1:~,~7///~
SF:~RETARY ~/'
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
October 3, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 949
Request of Bruce L. Regling, owner, for an amendment to the Land US~ and Urban
Development Ordinance of said City from Suburban Development Dist~;ict (SD) to Single
Family Dwelling District (R-I) on the following described property, to wit:
.76 acres of land situated in a 10 acre tract in the South ½ of the Northeast 1/4 o[the Southeast
1/4 of the G.C. Smith Survey, Section 16, A-546, Brazoria Co., TX; (called Lot 7 of the
unrecorded Sharondale subdivision) (6034 Sharondale)
Honorable Mayor and Council Members:
At a regular meeting held on October 2, 2000, 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 Emil A. Beltz
recommend approval of Zone Change Application No. 949.
Motion,to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely, ·
Charles' rin, ' ( Mary )
Planning & Zoning Commission
__ Change in Zoning Classification from: 5 D to:
__ Change in Regulations in Section #:
for: *
Property address: ~' 0 3 c/t ._h--/?//52,~,0A/ZD~_ ~
Lot: 7 Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land:
Proposed use of land within requested designation:
Record owner's name:
O ners mathng address:
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
Owner's signature: ~
Fees paid: $ ~--(~
Received by:
6034- :0']3'0 NWOOD DR.
(229)
~,AVENWOOD DRIVE ', ~ .~_
~ 15 14
City of Peorlond, Texos
BRUCE L, REGUNG
FROM
SD TO R-1
2O0O
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, Harris & Galveston Counties, for / issues, 'as follows:
No. /~ Date ~'~ 20 O0
No. Date 20 __
No. Date 20
No. Date 20
No. Date 20 __
~/~' President
Subscribe and sworn to before me this /7 day of ~
20 O0/-,
er
Notary Public, ~'~a~o-~¢xas
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, Harris & Galveston Counties, for / issues, as follows:
No. / Date ~-/.¢ 20 ~
No. Date 20 __
No. Date 20 __
No. Date 20
No. Date 20 __
Subscribe and sworn to before me this //-/ day of ~
~ r~rrtm~&,9~q~21 ~ n e r
Notary Public, State o~¢~'¢:~as