Ord. 509-401 2000-02-14 ORDINANCE NO. 509-401
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 A 4.7412 ACRE TRACT OUT OF A 10.0515
TRACT, THE EAST % OF THE WEST % OF THE NORTHEAST % OF
SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, VOLUME 1230, PAGE 50,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 625)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT(R-1)AT THE REQUEST OF ROBERT
& BARI SCHERRER, 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, Robert&Bari Scherrer, Owners,filed on November 6, 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 8th of March, 2000, 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 18th day of January, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Robert & Bari Scherrer, 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
1
Dwelling District (R-1); 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 February 14, 2000, 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 Robert & Bari Scherrer, Owners, 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:
Being a 4.7412 acre tract out of a 10.0515 tract, the East % of the West '/z of the
Northeast 1/4 of Section 14, H.T. & B.R.R. Co. Survey, A-509, volume 1230, page 50,
Deed Records of Brazoria County, Texas
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
Ill.
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. 509-401
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February, 2000.
TOM REID
MAYOR
ATTEST:
AOP
'...r
l UNG ,�' "PfG
TY 5,1' RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
of February , 2000.
Vr//_/ 1
TO ' REID
MAYOR
ATTEST:
UNG L24917
Y SE(F ARY
APPROVED AS TO FORM:
• �u ` write
DARRIN COKE'
CITY ATTORNEY
4
• crry o F PEARLA
rv1sed 31519
Change in Zoning Classification from: i) to:
Change in Regulations in Section #:
-
Specific Use for: *
Property address:
Lot. 5 Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax 1.D. number:
Proposed use of land within requested designation: Pe c 'cam/
Record owner's name: r`Q 11 ,1 s 5 �'♦ ��
Owner's mailing address: sZ10 5 CtrJt br
Owner's telephone number: 20 ( 'c --4 2.1efr
Agent's name: Ij /—
Agent's mailing address: it' A--
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.
bau, . -
Owner's signature: Agent's signature: 1
C
l �
Z
P L
Fees paid: $ 1 ,
Date paid:
1
Received b
ZONE SD
MI
ZONE SD
4.7412 ACRES
ZONE SD
COLONIAL DRIVE
ZONE SD
0
ZONE SD
J W
CONFEDERATE DRIVE
L —'
City of Pearland,Texas
ROBERT i BARI BCHERRER
ZONE CHANGE
FRO
SD TO R-1
SD SUBURBAN DISTRICT Am.Ns.:925 lore SHEET
DEC., 1998 AT 1::3. 1
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT Dun Dolu DEC.,
CAD MB
aria D'D. SMITH 98-8293 OF 1
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 of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. I Date 19
No. Date 19
No. Date 19
No. Date 19
No. Date 19
resident
$
Subscribe and sworn to before me this t day of �
191
,,6A) AUR. . EMMONS
• J PUblic
v,,,A-: ,State . E
t,omm
a An tiiir emt • sher
Notary Public, State of Texas
NEARING OF THE CITY
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND,TEXAS
Notice is hereby given that on
the 8th day of March,1999,at
6:30 p.m., the City Council
and the Planning and Zoning
Commission of the City of
Pearland,Brazoria and Hams
Counties,Texas,will conduct
a Joint Public Hearing in the
Council Chambers,City Hall,
3519 Liberty Drive, Pearland,
I Texas, on the request of
Robert & Bari Scherrer,
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)on the following
` described property,to wit:
Being a 4.7412 ac.tract out of
a called 10.0515 ac.tract the
1 1/2 of the W.1/2 of the NE
1/4 of sect.14,HT&B RR Co.
survey, A-509, recorded in
Vol. 1230, pg. 50, Deed
Records of Brazoria Co.,TX
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
pity Secretary
rPLICATION NO.$25 .,..,
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 of general
circulation in Brazoria and Harris Counties, for issues, as follows:
No. / Date �'� f 19 �1�l
No. Date 19
No. Date 19
No. Date 19
No. Date 19
%(V-A.6( vc,a rl
President
Subscribe and sworn to before me this 5 day of le:4-
19
. rArat rnmco 0Rukali/
er
'+:.`°,° r' CornrnW£IOh Expire s 9-9-02 yr
EARING OF THE CITY an the bNOwine
NCIL AND THE PLAN- ir„:1-1.)
'a sit
G AND ZONING CON-
SION OF THE CITY OF Being a 4.7412 ac.tract out of
RLAND,TEXAS a led 10.0515 ac.tract the
" 2 of the W.1/2 of the NE
e is hereby given that on sect.14,HT&B RR Co.
Oth day of March,1999,at suwey, A-509, recorded In
p.m., the City Council Vol. 1230, pg. 50, Deed
a the Planning and Zoning Rcords of Brazoria Co.,TX
Cnmission of the City of
P =nd,Brazoria and Harris At said hearing all interested
ties,Texas,will conduct * Ries shall have the right
a. .nt Public Hearing In the and opportunity to appear and
C cil Chambers,City Hall, be heard on the subject.
9 Liberty Drive, Peadand, Yt9ung Lorfing
T as, on the request of
Secretary
art & 'Bari Scherrer,
er,for an amendment to ;{`
Land Use and Urban
velopment Ordinance of
Oily from CluI11Nestion
t4slt O.`vitopr rit(SD)
Bloats Family Dwelling
January 24, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 625
Request of Robert & Bari Scherrer, owners, 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 a 4.7412 acre tract out of a 10.0515 tract, the East 1/2 of the West 1/2 of the Northeast
1/4 of Section 14, H. T. & B. R.R. Co. survey,A-509,Vol. 1230, pg 50,Deed Records of
Brazoria Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on March 8, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Vice-Chairperson Tommy
Scott, to recommend approval of Zone Change Application No. 625.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
n( AiU31
A 1
J
Mary S arr 41CCOA.
Planning & Zoning Chairperson