Ord. 509-340 10-11-99ORDINANCE NO. 509-340
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 1.1478 ACRES, MORE OR LESS, A.K.A. LOT
5, BETHEL SUBDIVISION, SECTION 2, OUT OF SECTION 19, H.T. & B.R.R.
CO. SURVEY, A-243, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 803) (2041 LEE ROAD) 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 June 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 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:
Being 1.1478 acres, more or Tess, a.k.a. Lot 5, Bethel Subdivision, Section 2, out of
Section 19, H.T. & B.R.R. Co. Survey, A-243, deed records of Brazoria County, Texas
(2041 Lee Road)
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.
VI1.
This Ordinance shall become effective after its passage and approval on second and
final reading.
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ORDINANCE NO. 509-340
11-41
PASSED, APPROVED, and ADOPTED on First Reading this 0 day of
S.e,p4eM/tJi2e./v' , 1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this I (+h day
of OC;4-Ob —( , 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
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TOM REID
MAYOR
ORDINANCE NO
509-340
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 803
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:
Being 1.1478 acres, more or less, a.k.a. Lot 5, Bethel Subdivision, Section 2, out of Section
19, H. T. & B. R.R. Co. survey, A-243, deed records of Brazoria Co., TX (2041 Lee Road)
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. 803.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from:
SD to:
Change in Regulations in Section #:
Specific Use for: *
Property address: 0 O 41 2_,_� Ar p
Lot: S-- Block:
Subdivision: B 2. L .Z
Sc_CrI
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: U V
Proposed use of land within requested designation:
Kklg., N
Record owner's name: S- 5 N o-De01004.
Owner's mailing address: i S'R l J Pik E 09-53 1 Zo 1 4 , ' 720 9'r
/
Owner's telephone number: Oki . 443 — �V'/
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 current and future uses on properties in my vicinity.
Owner's signature: i&L-
Agent's signature: naL—""
Fees paid:
Date paid: t >O Moflee/
Received
Application number: all
ZONE SD
25
HUGHES RANCH RD.
41
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
C ty of Rowland, Texas
STEVEN a DONNA NORTON
ZONERCHAANGE
SD'TO R1
ads:
HORZ:1'4 '
VERT •1'-
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99-8151
SHEET
OF1
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
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rculation in Brazoria and Harris Counties, for / issues, as follows:
No % Date AZ-(1 -
19 �7
No Date 19
No. Date 19
No Date 19
No. Date 19
ibscribe and sworn to before me this
PUBLIC HEARING. OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
otice is hereby given that on
he 23rd day of August, 1999,
at 8:30 p.m., 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, Pearland,
Texas, on the request of
Steven & Donna Norton,
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-t) on the foils3wing
descried property, to wit:
Being 1 .1478 acres, more or
Tess, a.k.a. Lot 5,',Bethel
Subdivision, sect 2, out of
section 19, HT& B RR Co,
survey, ;A•243, deed records
of Brazoria Co., TX (2041 Lee;
Road)
At atfiti hei rid
PM* Ail ISM IkeMOM
ItMid amilMut
,<
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 1/ 19
No. Date 19
No. Date 19
No Date 19
No. Date 19
ibscribe and sworn to before me this / L day o
qg
Notary Public, State of Texas
JBLIC HEARING OF THE
ITY COUNCIL AND THE
ANNUNG AND ZONING
MISSION OF THE STY
PEARLAND, TEXAS
is hereby given that on
23rd day of August 1999,
830 p.m., the City Council
are, Planning and Zoning
ommission of the City of
eariand, Brazoria and Harris
nties, Texas, will conduct
Joint Public Hearing in the
rick, Chambers, City Half,
9 Libemr Drive, Peatiand,
Texas, on therequest of
Steven & Donna Norton,
owner, for an amendment to
the Land Use and. Urban
Development Ordinance of
said City from ClassUlcation
Suburban Development (SD)
to Single Family Dwelling
District (R-1) on the toUowing
described property, to wit
Being 1 .1478 acres, more or
less, a.k.a. Lot 5,:Bethet
Subdivision, sect.2, out of
section 19, HT& B RR Co.
,1 243, deed records
Brazor* Co., TX (2041 Lee
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Steven & Donna Norton
15910 FM 529 #1201
Houston, Texas 77095
PEARLAND
T EX AS J ,,
Dear Mr. & Mrs Norton: .
On October 11, 1999, the City Council voted to approve Application No. 803 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 509-340 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