Ord. 509-405 2000-02-14 ORDINANCE NO. 509-405
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 2.99 ACRES IN LOT 57, ALLISON RICHEY
GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT
RECORDS OF BRAZORIA COUNTY (APPLICATION NO. 860) (14001
GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF HALLIE O. SADBERRY, 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, Hallie O. Sadberry, Owner, filed on November 3, 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, Hallie O. Sadberry, Owner, 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 Hallie O. Sadberry, Owner, 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:
2.99 acres in Lot 57, Allison Richey Gulf Coast Home Company's part of Suburban
Gardens, Section 19, H.T. & B.R.R. Co. Survey, A-243, according to the map or plat
thereof recorded in volume 2, page 23, of the plat records of Brazoria County, Texas
(14001 Garden 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
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.
3
ORDINANCE NO. 509-405
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February , 2000.
1r
c -IY3-9 ) --f--c-.tiP
TOM REID
MAYOR
ATTEST:
/.1✓ !Al/P"/L.. .
f I��U N Jal G/
TY "I RETAR
PASSED,APPROVED, and ADOPTED on Second and Final Reading this 28th day
of February , 2000.
________,..) a/
TOM REID
MAYOR
ATTEST:
irs U fe y /
ITYS: - TA'Y
APPROVED AS TO FORM:
0a►A,�._ 19 . Czks.,
DARRIN COKER
CITY ATTORNEY
4
11.03/99 WED 12:27 FAX 713 796 1267 PHYSICAL PLANT 0 002
CITY OF PEARLAND - �
ZONE f:HA NCF, APPLICATION
revised 3/5/96
X...__ Change in Zoning Classification from: Suburban Develoo4to; R-1
men L
Change in Regulations in Section #:
Specific Use for: ' _-
Property address: 14001 Garden Road, Pearl and, TX 77581
Allison-Richey Gulf Coast Home Company s
Lot' 57, 58, 59 Block: Subdivision:
Suburban Gardens
Metes & Bounds Description: -"�"-
(unplatted property only; attach survey) See attached Warranty Deed
Tax I.D. number: 455-94--7790
Proposed use of land within requested designation; Residential/Homestead
Record owner's narriu. Hdl1 ie 0. Sadberry
Owner's mailing address: 2750 Holly Hall Drive 11115, Houston, TX 77054
Owner's telephone numbor: (713) 791-6421
Agent's name; N/A
•
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval
Y pproval of the above described request as
provided by tho laws of the State of Texas grid Ordinances of the City of I'eariand. '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 incurnpatible with current and future uses on properties in my vicinity.
Owner's signature: J ,� Agent's_. � A '
..__ 9 signature:
Fees paid: $ -0- (A exed 11-23-98) Date paid: � - - -��
Received by: � _ � 7,d, 1 /4, Application number; ati �)_ ita
i 8 2238 54
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2.999 ACRES
1 001 GARDENS A
HUGHES RANCH RD. m.t r .'I
25 41
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28 42 58
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ZONE SO
ZONE SD
11 27 43 59
HICKORY SLOUGH
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City of Peeriand, Texas
HAWE 0.8ADeERRY
ZONE CHANGE
FROM
8D TO R-1
APR NA-1880 lame I SHEET
or.NOV., 1999 HO Z 1 -50D.
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NOTICE OF A JOINT
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, Pearand,
Texas, on the request of
Nellie Sadberry,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:
2.99 acres in Lot 57, Allison
Richey Gulf Coast Home
Company's part of Suburban
Gardens,Sect, 19,H.T.&B.
R.R. Co, survey, A•243,
according is Oho meg a plat
thereof reassled In Vol.2,pg
23, of tics.Oat rem* of
IABrazorla Co,, T*- .*4001
Garden Aoadj
At said heads,N bested
Partial*had thi right
and opportunity to appear and
be heard on the subject.
Young Lofting City Si ary
OPUCAiION NA NO
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
:te of Texas
tzoria and Harris Counties
Candy 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 �7
No. Date 19
No. Date 19
No. Date i9
No. Date 19
President
scribe and sworn to before me this ��-
day of
•
Laura Ann Emmons, Publisher
Notary Public, State of Texas
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
Hallie Sadbeny,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:
2.99 acres in Lot 57, Allison
I Richey Gulf Coast Home
I Company's part of Suburban
Gardens,Sect. 19,H.T.&B.
R.R. Co. survey, A-243,
according to the map or plat
thereof recopied in Vol.2,pg
23, of the•plat records of
Brazoria Co., TX (14001
Garden Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject
Young Lorfing
CRY i
,I
January 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 860
Request of Hattie O. Sadberry, 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:
2.99 acres in Lot 57,Allison-Richey Gulf Coast Home Company's part of Suburban Gardens,
Section 19, H. T. & B. R. R. Co. survey,A-243, according to the map or plat thereof recorded
in Vol. 2, pg 23, of the plat records of Brazoria Co., TX(14001 Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 17, 2000, after the 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. 860.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
1101
Mary Stan, Chairman
Planning&Zoning Commission