Ord. 509-338 10-11-99ORDINANCE NO. 509-338
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 16, BLOCK 2, SKYWAY MANOR
SUBDIVISION, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME
7, PAGE 67, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 786) (2950 PIPER) 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:
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-1); such
property being more particularly described as:
Lot 16, block 2, Skyway Manor Subdivision, according to the map or plat recorded in
Volume 7, page 67, plat records of Brazoria County, Texas (2950 Piper)
Il.
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. 509-338
PASSED, APPROVED, and ADOPTED on First Reading this
, 1999.
TOM REID
MAYOR
ATTEST:
day of
h
PASSED, APPROVED, and ADOPTED on Second and Final Reading this � day
of 0C4Obe)C
ATTEST:
APPROVED AS TO FORM:
, 1999.
06A4A.,, C)04--
DARRIN COKER
CITY ATTORNEY
4
TOM REID
MAYOR
ORDINANCE NO
509-338
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 786
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 16, Block 2, Skyway Manor Subdivision, according to the map or plat recorded in Vol.
7, pg 67, plat records of Brazoria Co., TX (2950 Piper)
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. 786.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
.Yl{RIVI
Mary Starr, Chairman
Planning & Zoning Commission
Change in Zoning Classification from: 5.4)
Change in Regulations in Section #:
Specific Use for: *
to: -'
Property address: 9 .5-'0 Pi P l� / f1 R/ l- /iV.O j / iX k - 7 7 36'f
Lot: 1
Block: g, a2 1 !f r 6 Subdivision: S /< )/ wd3 )/ ry) /9 N6 /
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: el f S/Pl--- "T t -
Record owner's name: fT O H Al (' , C O E- .L
Owner's mailing address: 9 5 L=. Pl r M / 10j J?i L-liAl'Dj TJ- X - 77j7/
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
98 - SO 37
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
Perinit 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:
Ci
Itccc i vediby,...
aft_
Agent's signature:
Date paid: #1/J / 9 f
�pttca�tto �num�be
CITY LIMIT LINE
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MF MULTI — FAMILY DWELLING DISTRICT
C>ty of Poetised, Texas
JOEN C. COLE
ZONE CHANGE
FROM
SD TO R-1
lore
HO %100'
VERT •1 —
CAD RE:
99-9134
SHEET
OF 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
state of Texas
3razoria 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. / Date 4,e 1
19 CI
No Date 19
No. Date 19
Date 19
No. Date 19
No.
Jbscribe and sworn to before me this day of
tice is hereby given that on
23rd day of August, 1999,
6:30 p.m., the City Council
the Planning and Zoning
mmission of the City of
Brazoda and Harris
undies, Texas, will conduct
Joint Public Hearing in the
11 Chambers, City -Hall,.
19 Liberty Drive,-Pearland,
xas, on the request of John
Cole, owner, for an amend•
ent to the Land Use and
ban Development,
rdlnance of said City from
ossification Suburban
velopment (SD) to Single;
roily Dwelling District (R-1)
the following described
rty, to wit:
le, Mk. 2, Skyway Manor
according to the
or plat recorded lrr Vd, 7,
g 67, plat records of
oria Co., TX (2950 Piper)
t said hearing all interested
arties shall have the right
nd opportunity to appear and
e heard on the subject.
s/ Young Lorfing
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
dandy 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 1/ 19
No. Date 19
No Date 19
No Date 19
No. Date 19
bscribe and sworn to before me this / '— day o
qg
Notary Public, State of Texas
to hereltr given that on
23rd day of Augnst, 1999,
t.30p.m., the Cat Council
the Planning and Zoning
ortmalseion of the City of
aar$and Brazoria and Harris
Texas, will conduct
Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Peadand,
Texas, on the request of John
C. Cole, owner, for an amend-
ment to the Land Use and
Urban Development
Ordinance of said City from
Classification Suburban
Development (SD) to Single
Family Dwelling District (R-1)
on the following described
rty, to it
16,`.ISNr. 2,Skyway Manor
Subdivision, according to the
map or plat recorded in Vol. 7,
pg. 67, plat records of
Brazoda Co., TX (2950 Piper)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorting.
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. 786 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 509-338 for your records. '
Sincerely,
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us