Ord. 509-336 10-11-99ORDINANCE NO. 509-336
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 128, RUCH SUBDIVISION ADDITION,
ACCORDING TO THE MAP RECORDED IN VOLUME 13, PAGE 66, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 660) (6014
JOSEPHINE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF SHERRY JOHN, 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, Sherry John, Owner, filed on December 4,1998, 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 23m 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 8th day of September, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Sherry John, 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 Single Family Dwelling District (R-1);
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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 27, 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 Sherry John, Owner, 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) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-1); such
property being more particularly described as:
Being Lot 128, Ruch Subdivision Addition, according to the map recorded in Volume
13, page 66, plat records of Brazoria County, Texas ( 6014 Josephine)
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.
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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.
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.
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ORDINANCE NO. 509-336
PASSED, APPROVED, and ADOPTED on First Reading this A 74'11 day of
&JettAcyuovr , 1999.
(7r--;"
TOM REID
MAYOR
ATTEST:
NG LO
YSECRY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this \ tkh day
OC-koe kr , 1999.
ATTEST:
NG
SE ETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
TOM REID
MAYOR
ORDINANCE NO
509-336
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 660
Request of Sherry John, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD) to Single Family Dwelling District (R-1) on the following described property, to wit:
Being Lot 128, Ruch Subdivision addition, according to the map recorded in Vol. 13, pg 66,
plat records of Brazoria Co., TX (6014 Josephine)
Honorable Mayor and Council Members:
At a regular meeting held on September 7, 1999, after the 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 Beltz to
recommend approval of Zone Change Application No. 660.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
/Yvt.54P
Mary Starr, Chairman
Planning & Zoning Commission
•
•
•
Change in Zoning Classification from: J� to:
Change in Regulations in Section #:
Specific Use for: *
Lot: \a D Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number: \" \_N\va' Qt-t s
Agent's name:
Agent's mailing address:
IV\
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by tlic 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 future uses on properties in my vicinity.
Owner's signature
Fees Ipaicl. $
Received by
Agent's signature:
ruH
Date paid: id-q. Q 11
cation btu
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
C COMMERCIAL DISTRICT
City of Rowland, Texas
SHERRY JOHN
ZONE CHNGE
FROM
SD TO R-1
MCC =2QQ'
VERT •1
CAD FlLE:
99-8051
SHEET
OF 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
;tate of Texas
;razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
1 Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria and Harris Counties, for / issues, as follows:
No 1 Date //al - Gf .. 1
9
No Date 19
No Date 19
No. Date 19
No. Date 19
.bscribe and sworn to before me this S day of
q6‘
Cti� 11. 4,D THE
LANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 23rd day of August, 1999,
t 6:30 p.m., the City Council
nd the Planning and Zoning
Commission of the City of
Pearland, Brazoria and Harris.
Counties, Texas, will conduct
a ,,hint Public Heating in the
Council. Chambers; City Hall,
3619 Liberty Drive,' Psarland,
Texas, on the request of
Sherry John, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Suburban
Development (SD) to Single
Family Dwelling District (R-1)
onthe following described
PnY, towit:
Being Lot 128, Ruch
Subdivision addition, accord-
ing to the map recorded in
Vol. 13, pg. 86, Plat records of
Brazoria Co., TX (6014
t said headng all interested
arties shaft have the right
nd opportunity to appear and
heard on the subjects
AFFIDAVIT OF PUBLICATION
The Pearland Reporter N,ews
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
culation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date // 19 11
No Date 19
No Date 19
No Date 19
No. Date 19
bscribe and sworn to before me this
iq
1(\GeV
President
day of 44-1--
Notary Public, State of Texas
that on
999,
at 6:30 p.m.,1,Cltyr Counce
and the Planning and Zoning
fCommission qf the City of
PearOmdi ArazOie and Harris
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of,
herry John, owner, for an
mendrnent to the Land Use
nd Urban Development
rdinance of said City from
!ossification : Suburban
eveiopment (SD) to Single
mily Dwelling; District (R-1)
the following described
rty, to wit',
ing Lot ' 128, Ruch
ivisign addition, accord-
g to the map recorded in
13, pg. 66, Plat records of
azoria Co., TX (6014
said hearing all interested
rties shall have the right
opportunity to appear and.
heard wile subject.
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Sherry John
6014 Josephine
Pearland, Texas 77584
Dear Ms. John:
4400
PEARLAND
TEXAS
T la
On October 11, 1999, the City Council voted to approve Application No. 660 requesting
the change of classification of certain real property from the classification of Suburban
Development District (SD) to Single Family Dwelling District (R-1).
Enclosed is a copy of Ordinance 509-336 for your records.
Sincerely,
oung Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us