Ord. 509-402 02-28-00 ORDINANCE NO. 509-402
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 1.0101 ACRE TRACT OF LAND KNOWN AS
LOT 10, BETHEL SUBDIVISION, SECTION 2, AN UNRECORDED
SUBDIVISION OF 25.9538 ACRES OUT OF LOTS 39,40,55,& 56, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R.
CO. SURVEY, A-543, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 853)
(13842 STONE ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF JOHN & SHARON PIERSON, 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, John&Sharon Pierson, Owners,filed on October 15, 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 10th of January, 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, John & Sharon Pierson, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
"A" from its existing classification of Suburban Development District (SD) to Single Family
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 John & Sharon Pierson, 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:
A 1.0101 acre tract of land known as Lot 10, Bethel Subdivision, Section 2, an
unrecorded subdivision of 25.9538 acres out of Lots 39,40,55&56,Allison Richey Gulf
Coast Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-543, Brazoria
County, Texas (13842 Stone 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.
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.
3
ORDINANCE NO. 509-402
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February , 2000.
i?,_______ ani ,
TOM REID
MAYOR
ATTEST:
I TrI U N G !< N' /
Y S '' RETARY
PASSED,APPROVED, and ADOPTED on Second and Final Reading this 28th day
of February , 2000.
TO 'EID
MAYOR
ATTEST:
/ ice �� _!/.. I�
�fUNG '�1
• TY S; ' .ETARY /
APPROVED AS TO FORM:
La/VNAA--. H . C
DARRIN COKER
CITY ATTORNEY
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
XChange in Zoning Classification from: \5"D to: R -
Change in Regulations in Section #:
Specific Use for: *
Property address: / 3 S7z o N kJ)
Lot: f Q Block: SE -( Subdivision: /�E 7`j E FS ,g s
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: qe 5 ,,p ��E
J nJ - '- ro f Ev'son)
Record owner's name:
Owner's mailing address: /
Owner's telephone number: 2 I — i .5 - (p 4 7y-
Agent's name: N/,?
Agent's mailing address: N1
Agent's telephone number: /141
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 signaturec94v ca ,,,■J Agent's signature:
Fees paid: $ % Date paid: 7p — /,.5! - 9
Received by: ✓ L�/) �7' /
Y
•
�, Application number:
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City of Rowland, Texas
JOHN a SHARON PIERSON
ZONE CH NGE
FROM
SD SUBURBAN DISTRICT SD TOR 1
App.Mse853 Sara SHEET
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT ocr., 1999 ;:=, 00'vERT
Own orJ.E.B. "CAS FM 1
Chid Sp:G. 1UMIIJNSO 99-8189 OF I
AFFIDAVIT OF PUBliCATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. Date /a - a Z 19 �Y
No. Date '19
No. Date 19
No. Date 19
No. Date 19
/. 0 , .we. - -
dent
4
subscribe and sworn to before me this Z- 3 ..da A e.G
9 q q Y LAuFtA g 1
/ _ ^��'" of Texas lr
1 ` ,� a�� '6t,EzC���8-9� rr
tr -�ti+ r
Laura Ann Emmons, - 1 3lisher
Notary Public, State of Texas
NOTICE OF A JOINT
. PUBLIC HEARING OF THE
t CITY COUNCIL AND THE
PLANNING AND ZONING
j COMMISSION OF THE CITY
, OF PEARLAND,TEXAS
Notice is hereby given that on
the 10th day of January,
2000, at 6:30 PM p.m., the
City Council and the Planning
and Zoning Commission of
the City of Peadand,Brazoria,
Harris and Fort Bend
Counties,Texas,will conduct
a Joint Public Hearing in the
Council Chambers,City Hall,
3519 Liberty Drive,Pearland,
Texas,on the request of John
&Sharon Nam,. aar,;for
an amerriliamt tpr hd
Use and , nt
Ordiha
Classification assification ,∎an
Development • to
Single Family + + trict
(R-1) on the • ing
described prc *wit
A 1.0101 acre tract of land
known as Lot 10, Bethel
Subdivision, Sect. 2, an
unrecorded subdivision of
25.9538 acres out of Lots 39,
40, 55 & 56, Allison Richey
Gulf Coast Home Co.
Subdivision,Sect. 19,H.T.&
B. R.R. Co.survey, A-543,
Brazoria Co., TX (13842
Stone Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
City Secretary
APPUCATION NO.$53
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
.te of Texas
:zoria and Harris Counties
sandy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:ulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date �,7---2/.` 19
No. Date i9
No. Date i9
No. Date 19
No. Date ` 19
n,
President
scribe and sworn to before me this SO day of
•
Laura Ann Emmons, Publisher
Notary Public, State of Texas
J N ,
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING:
, COMMISSION OF THE CITY;
OF PEARLAND,TEXAS
Notice is hereby given that on
the 10th day of January,
2000, at 6:30 PM p.m., the
City Council and the Planning
and Zoning Commission of
the City of Pearland,Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas,on the request of John
&Sharon Pierson,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:
iA 1.0101 acre tract of,land
known u Let 10, Bethel
Subdiv1 10 , $1/04 2 an
unrecordod sabdW4 of
25.9538 0001-411 39,
40, 55 &51, ' , ey
Gulf Cust NU* o.
Subdivisic�' Jt. 1b,N. &
B. R.R. CO.away,A443,
Brazoria Co,, TX.(13542
Stone Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject,
Young Lorfing
City%a vary_
MIMtIC '1IOf!M0.tilN •
�jC�5
January 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 853
Request of John & Sharon Pierson, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Single
Family Dwelling District(R-1) on the following described property,to wit:
A 1.0101 acre tract of land known as Lot 10, Bethel Subdivision, Section 2, an unrecorded
subdivision of 25.9538 acres out of Lots 39, 40, 55 & 56,Allison-Richey Gulf Coast Home Co.
subdivision, Section 19, H. T. & B. R.R. Co. survey, A-543, Brazoria Co., TX (13842 Stone
Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 17, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Todd Iocco
to recommend approval of Zone Change Application No. 853.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
n4 0/9,—. 3 is, 'A
Mary Starr, Chairman
Planning&Zoning Commission