Ord. 509-321 09-27-99ORDINANCE NO. 509-321
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 2, BLOCK 26, ALLISON RICHEY GULF
COAST SUBDIVISION, SECTION 4, TCRR SURVEY, A-675, RECORDED IN
VOLUME 2, PAGE 99, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 783) (15707 SH 288) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF JAMES W. & BARBARA DIXON, 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, James W. & Barbara Dixon, owners, filed on April 9, 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 application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 23rd day of August, 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 24th day of August, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by James W. & Barbara Dixon, 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 Commercial
1
District (C); 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 September 13, 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 James W. & Barbara Dixon, owners, facts were 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:
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 Commercial District (C); such property being
more particularly described as:
Lot 2, Block 26, Allison Richey Gulf Coast Subdivision, Section 4, TCRR Survey,
A-675, recorded in Volume 2, page 99, plat records of Brazoria County, TX
(15707 SH 288)
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.
2
111.
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.
3
ORDINANCE NO. 509-321
PASSED, APPROVED, and ADOPTED on First Reading this ) day of
Sp-) e.r-r, 6eity1999.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ah day
of V , 1999.
ATTEST:
APPROVED AS TO FORM:
DARR N 24 eft4.0—-
M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
24 August 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 783
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, August 23, 1999. The owners requested an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Suburban Development
(SD) to Commercial District (C) on the following properties, to wit:
Application No. 783
Owner: James W. & Barbara Dixon
15707 South Freeway 288
Pearland, TX 77584
Legal: Lot 2, Bik. 26, Allison Richey Gulf Coast subdivision, sect. 4, TCRR
survey, A-675, recorded in Vol. 2, pg. 99, plat records of Brazoria
Co., TX (15707 SH 288)
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Todd Iocco
to approve the application listed above.
The motion to approve passed with a vote of 5 to 0.
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
Mary tarr, Chairperson
Planning & Zoning Commission
City of Pearland
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for:
SP
to:
Property address: G S
he
Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Pa �rT �S c zW7/
Record owner's name: (
/
-
Owner's mailing address:
S v7 Pt -t 1 / 6zz-c/rAsl /2?
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 c rrent and future uses on properties in my vicinity.
Owner's signature'
Fees paid: $
Received b
Agent's signature:
Date paid:
Application number:
CITY UMIT UNE
SOUTH
20
COUNTY ROAD 403
15707 STATE
I-110HWAY
NO. 288
SD SUBURBAN DISTRICT
C COMMERCIAL DISTRICT
1
2
ZONE SO
3
4
ZONE SD
Clay of PSertantI, Texan
JAMES & BARBARA DIXON
ZONE CHANGE
8DTOM
C
App. ■.-1783
oar,, o. sum
STAAsz
1/01¢:1.—�.
VERT :1
CAD DU:
99-81 Z7
SHEET
1
OF,
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
circulation in Brazoria and Harris Counties, for _ / of general
issues, as follows:
No. - Date
No. Date
No. Date
No. Date
No. Date
Subscribe and sworn to before me this
9_16
2Z
19
19
day of
Notary Public, State of Texas
BLIC HEARING OF THE
Y COUNCIL AND THE
ANNING AND ZONING
OF THE CITY
PEARLAND, TEXAS
is hereby given that on
9 th day of August, 1999,;"
:30 p.m., the City,
the Planning and Zon
mmtssion of the City
Hand, Brazoria and Harris
ties, Texas, will conduct
Joint Public Hearing in the
ncil Chambers, City Hall,
519 Uberty Drive, Rowland,
exas, on the request of
ames W. Dixon, owner, for
n amendment to the Land
and Urban Development
rdinance of said City from
tossification Suburban
evelopment (SD) to
Commercial District (C) on the
following described property,
to wit:
of 2, Block 26, Allison Richey
ulf Coast Home Co.
uburban Gardens subdivi-
, sect. 4, TCRR Survey,
recorded:10 Vol, 2,1
99, plat records of Bratoria
Co., TX (15707 SH 288)
At said hearing all interested.
rties shall have the right
unity to appear and
e heeled : on the subject.
Young Lorfing
Secretary
AFFIDAVIT OF PUBLICATION
The Pearland Reporter N,ews
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 ofeneral
circulation in Brazoria and Harris Counties, for / o
issues, as follows:
No. % Date /7' U 19)C1
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this day of JaY
LAURA A. EMMONS
Notary Public .. to of Texas
• mission -pires 9- 2 p,
` r • sher
Notary Public, State of Texas
UILIC HEARING OF
ITY COUNCIL AND T
LANNING AND ZONIN
OMMISSJON OF THE C
, TEXAS
otice is hereby given that
e 9 th day of August, 1999,
8:30 p.m., the City
d the Planning and Zoning
ommission of the City-o
sarland, Blazode and
unties, Texas, win
a Joint Public Hearing in the
Council Chambers, City, Hall,
519Liberty Drive, Peartand,
exas, on the request of
mes W. Dixon, owner,'. for
amendment to the Land
and Urban Development
dinance of said City from
lassification Suburban
evetopment (SD) to
ommercial District (C) on the
owing described property,
wit:
of 2, Block 26, Allison Richey
ulf Coast - Home Co.
uburban Gardens subdivi-
on, sect. 4, TCRR Survey,.
-675, recorded in Vol. 2, pg.
9, plat records of Brazdria`
.; TX (15707 SH 288)
At said hearing all interested
Parties shalt have the right
and opportunity to appear and
be heard on the subject.
/s/ Young Lorfing •
CONSENT ITEM
ZONE CHANGE APPLICATION ORO 09-321
revised 3/5/96
Change in Zoning Classification from: � f)
to:
Change in Regulations in Section #:
Specific Use for: •
Property address:
G ,2�
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
in
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
s ,7
Subdivision: Sv
P „,-/
<< es7M/ %
z-er
7751r'
s c97' r7//
gd'ef- �yr��� /
�r
PETITION: As owner/agent, I hereby petition the City for a
proval ofprovided by the laws of the State of Texas and Ordinances of the Citythe of Pearland. abovedercribed equest
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 c rrent and future uses on properties in my vicinity.
Owner's signature.
Fees paid: $
Received b :
Agent's signature:
Date paid:
r�
Application number:
3