Ord. 509-337 10-11-99ORDINANCE NO. 509-337
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 LOT5, BLOCK3, WAGON WHEEL ADDITION,
SECTION 14, H.T. & B.R.R. CO SURVEY, A-509, ACCORDING TO A PLAT OR
MAP RECORDED IN VOLUME 8, PAGE 79, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 785) (6118 JERRYCREST) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN C. COLE,
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, John C. Cole, Owner, filed on April 1,1999, 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 applications for amendment attached
hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 23rd 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 John C. Cole, 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 John C. Cole, 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:
Lot 5, Block 3, Wagon Wheel Addition, Section 14, H.T. & B.R.R. Co. Survey, A-509,
according to a plat or map recorded in Volume 8, page 79, plat records of Brazoria
County, Texas (6118 Jerrycrest)
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. 509-337
PASSED, APPROVED, and ADOPTED on First Reading this 1`/ day of
S 4",6r6&tr , 1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this C4 day
of Q C4D beX , 1999.
ATTEST:
APPROVED AS TO FORM:
DA RIN COKER
CITY ATTORNEY
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TOM REID
MAYOR
ORDINANCE NO
509-337
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 785
Request of John C. Cole, 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:
Lot 5, Block 3, Wagon Wheel addition, Section 14, H. T. & B. R.R. Co. survey, A-509,
according to a plat or map recorded in Vol. 8, pg 79, plat records of Brazoria Co., TX (6118
Jerrycrest)
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. 785.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
S+44A,
Mary Stair, Chairman
Planning & Zoning Commission
•
Change in Zoning Classification from: _S
Change in Regulations in Section if:
Specific Use for: *
to:
Property address:
Lot:
- s T 1 t3 it i I-''J 1_TX 7 �_=
Block: 3 5o I H e, Subdivision: 'yv }'a G p Ar
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: f 1 5/ 7I
Record owner's name: J b f) G 0 L c
Owner's mailing address: „. 91.--0 1" i p
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
5IL19-x,0z
1, 7 7 - -g`/
PETITION: As owner/agent, I hereby petition the City for approval of the above described request
as
provided the
d d by1 1 f the State of Texas and Ordinances of the City of Pearland. *On a Specific
o
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.
Itcucivcd )y
Agent's signature:
Date paid: y/ j
pp1icattto>t aura
9
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JERRYCREST DR.
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SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
City of Pssrisnd, Texas
4
JOFN C. COLE
ZONE CHANGE
FROM
8D TO R-1
OAR JUKE. 1999
Own IRJ.E9.
a+ I sr D. SMMMH
MB PLO
99-8137
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
i Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria and Harris Counties, for / issues, as follows:
No / Date l�
4(1 19 �J
No Date 19
No. Date 19
No. Date 19
No. Date 19
lbscribe and sworn to before me this
m
President
day of
,J
UBIJC HEARING OF THE
ITY COL/NOW AND THE
LAPWING AND ZONING
Of THE CITY
pEARLAND, TEXAS i
otice is hereby given that on
_ 23rd day of August, 1999,
t 6:30 p.m,, the City Council 1
nd the Planning and Zoning
ommissionof the City of
earland, Brazoria and Hams
ties, Texas, will conduct
Joint Public Hearing in the
ouncil Chambers, City Hall,
519 Liberty Drive, Pearland
exas, on the request of Mr.
ohn C. Cole, owner, for an
mendment to the Land Use ,i
nd Urban Development
inance of said City from
lassification Suburban
evelopment (SD) to Single
amily Dwelling District (R-1)
n the following described
, to win
.t 5, Blk. 3, Wagon Wheel'
, . ition, sect. 14, HT& B RR
survey, A-509, according
a plat or map recorded in
. 8, pg: 79, plat records of
azoria Co., .TX (6t18
nycrest)
said hearing aU interested
rties shall have the right
opportunity to appear and
heard on the subject.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy 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
No Date 19
No. Date 19
No. Date 19
No. Date 19
ibscribe and sworn to before me this
r\d7President
day of
Notary Public, State of Texas
0
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLAN'N(IIf(G AND ZONING
COMMON OF THE CITY
OF,PEARLAND,:: TEXAS
Notice is hereby given that on
the 23af day of August, 1999,
at 6:30 pin.; the City Council
and the Planning and Zoning
Commission of the City of
Pearland, Brazoria and Harris
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Peartand,
Texas, on"the request of Mr.
John C. Cole, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
ssification Suburban
etopment (SD) to Single
Dwell District (R-1)
n the following described
property, to wit
ot 5, Blk. 3, Wagon Wheel
ddition, sect. 14, HT& B RR
. survey, A-509, according
o a plat or map recorded in
Jol. 8, pg. 79, plat records of
3razoria Co., TX (6118
tenycrest)
t said hearing all interested
antes shall have, the right
oppory to appear and/
heard on the subject.
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
John C. Cole
2950 Piper
Pearland, Texas 77584
Dear Mr. Cole:
On October 11, 1999, the City Council voted to approve Application No. 785 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 509-337 for your records.
Sincerely,
A/LP-7'a
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us