Ord. 509-536 10-22-01 ORDINANCE NO. 509-536
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 2 ACRES OUT OF LOTS 8 & 9,
HICKORY PLACE SUBDIVISION, VOLUME 18, PAGE 333-334, B. C. P. R.,
H. T. & B. R.R. COMPANY SURVEY, A-310, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 989)(HUGHES RANCH ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF
ZEEBA PAKSIMA AGENT FOR TRADITIONAL CONCEPTS, INC., 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, Zeeba Paksima agent for Traditional Concepts, Inc., Owner, filed on
July 23, 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 10th of September, 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 11th day of September, 2001, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
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ORDINANCE NO. 509-536
regarding the proposed amendment application by, Zeeba Paksima agent for Traditional
Concepts, Inc., Owner, 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 October 8, 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 Zeeba Paksima agent for Traditional Concepts, Inc., 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) is
hereby for all purposes changed and reclassified as Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
2 acres out of Lots 8 & 9, Hickory Place Subdivision, Volume 18, page 333-334, B.
C. P. R., H. T. & B. R.R. Company Survey, A-310, Brazoria County, Texas (Hughes
Ranch Road).
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ORDINANCE NO. 509-536
Ih
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. 509-536
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 8 day of
October ,2001.
TOM REID
MAYOR
ATTEST:
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4
ORDINANCE NO. 509-536
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22 day
of October .,2001.
TOM REID
ATTEST: MAYOR
C~Y SEC..~ETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLA .ND
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Traditional Concepts, Inc. SD TO RE Application No. 989 s
September 11, 2001
Honorable Mayor and Council Members
City Hail
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 989
Request of Zeeba Paksima agent for Traditional Concepts, Inc, owner for an amendment to the
Land Use and Urban Development Ordinance of said City from Suburban Development
District (SD) to Single Family Dwelling District (RE) on the following described property, to
wit:
2 acres out of Lots 8 & 9, Hickory Place Subdivision, Volume 18, pg 333-334, B. C. P. R., H. T.
& B, R.R. Co. survey, A-310, Brazoria Co., TX (Hughes Ranch Road)
Honorable Mayor and Council Members:
At a reg,lar me.~ting held on September 10, 2001, after a Joint Public Hearing, the Planning and
Zoning Corami.esi~n consid~rexi fl~ above, mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Russ Selemon
to forward Zoning Application No. 989 to City Council for approval
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Plannln~ & Zonln~ Commi~sinn
A F DAV T OF ?UBL CATION
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 o/
No. Date 20
No. Date 20__
No. Date 20
No. Date 20 __
~'- President
Subscribe and sworn to before me thisZ..~ day of ~,~'¢~
20 oJ C~~~d~~~i~~
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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 ~-Z'~ 20 (J/
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20 __
Subscribe and sworn to before me this ~ day of
20 ~