Ord. 509-551 10-12-01 ORDINANCE NO. 509-551
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 TRACT 3, WESTCHESTER
ESTATES, JACK C. MCKNIGHT SURVEY, SECTION 17, H. T. & B. R.R.
COMPANY SURVEY, A-242, AS RECORDED IN VOLUME 12, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1009)
(WESTCHESTER CIRCLE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF WALTER AND ASHLEY LANDRY,
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, Walter and Ashley Landry, Owners, filed on September 27, 2001, 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 12th of November, 2001, 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 13th day of November, 2001, the Planning and Zoning
Commission of the City submitted its report end recommend~ttion to the City Council
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ORDINANCE NO. 509-551
regarding the proposed amendment application by, Walter and Ashley Landry, Owners,
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 Estate Lot Single Family Dwelling District (RE); 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 December 10, 2001, 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 Walter and Ashley Landry, 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 TIlE 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) is
hereby for all purposes changed and reclassified as Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
Tract 3, Westchester Estates, Jack C. McKnight Survey, Section 17, H. T. & B. R.R.
Company Survey, A-242, as recorded in Volume 12, deed records of Brazoria
County, Texas (Westchester Circle)
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ORDINANCE NO. 509-551
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.
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 podions 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.
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ORDINANCE NO. 509-551
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.
PASSED, APPROVED, and ADOPTED on First Reading this 10 day of
December ,2001.
TOM REID
MAYOR
ATTEST:
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ORDINANCE NO. 509-551
PASSED, APPROVED, and ADOPTED on Second and Final Reading this l0 day
of December' ,2001.
TOM REID
ATTEST: MAYOR
NG J~"l~ (~ ~
~t'~I S~ETARY ~'
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF .PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
~/' Change in Zoning Classification from: ~ to: ~
__ Change in Regulations in Section #:
Specific Use for: *
Property address: ~-/~c ~'d~-_.c,~,-- ~'~-
Lot: ~,~ Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Currentuse of land: ~ ~J:~-
Proposed use of land within requested designation:
Owner's maili.g address:
Owner's telephone number: ~/o~
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: .///~L--/~/~f~ _.~/ Agent's signature:
ZONE CHANGE APPLICATION NO. 1009
Walter & Ashley Landry
Westchester Circle
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South park
Pearland, Texas 77581
tare 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
rcuration in Brazoria and Harris Counties, for. / issues,~as follows: ..
No. 7' Date ¢'¢ ' 2 ¢' '. 20.
No, Date, 20.
No. .Date . -20 ..
No. · Date 20.
No. Date 20 __
~'~res~dent
)scribe and sworn to before me this ~' day of
~~her ~,,~
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 newspaperof general
culation in Brazoria and Harris Counties, for .. / issues,~aS:~folJows:
r
No. 7' Date /¢~- 5/ ~20. ~1
No. Date. '20.
No. -' .Date '20 '
No. Date 20
No.. Date 20.
scribe and sworn to before me this / day of
(We~c~eSterCircie) ~: ·
At ~d~
November 13, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TItE CITY COUNCIL ON ZONING APPLICATION
NO. 1009
Request by Walter and Ashley Landry, owners for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Single
Family Dwelling District (RE) on the following described property, to wit:
Tract 3, Westchester Estates, Jack C. McKnight Survey, Section 17, H. T. & B. R.R. Co. survey, A-
242, as recorded in Volume 12, deed records of Brazoria Co., TX (Westchester Circle)
Honorable Mayor and Council Members:
At a regular meeting held on November 12, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco to forward Zoning Application No. 1009 to
City Council for approval with the verification that the frontage meets the 120' requirement.
Vice-Chairman Glenn seconded the motion.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Planning & Zoning Commission