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Ord. 509-394 01-24-00ORDINANCE NO.509-394
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 1.25 ACRES SITUATED IN LOT 57, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R.
CO. SURVEY, A-243, BRAZORIA CO., TEXAS ACCORDING TO THE PLAT
RECORDS IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 849) (14015 CR 556 (GARDENS))
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
GREGORY R. MOORE & SUSAN C. DIETERICH, 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, Gregory R. Moore & Susan C. Dieterich, Owners, filed on October 11,
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 22nd of November, 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 711' day of December, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Gregory R. Moore & Susan C. Dieterich, Owners, whereby the
1
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); 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 January 10, 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 Gregory R. Moore & Susan C. Dieterich, 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:
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:
1.25 acres situated in Lot 57, Allison Richey Gulf Coast Home Co. Subdivision, Section
19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas according to the plat
records in volume 2, pages 23-24, plat records of Brazoria County, Texas (14015 CR
556 (Gardens))
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
2
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 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. 509-394
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
January , 2000.
TOM REID
MAYOR
ATTEST:
Y4PNGL
SEC: TARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of January
APPROVED AS TO FORM:
CITY ATTORNEY
, 2000.
cpra
TOM REID
MAYOR
4
December 7, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 849
Request of Gregory R. Moore & Susan C. Dieterich, 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:
1.25 acres situated in Lot 57, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H.
T. & B. R.R. Co. survey, A-243, Brazoria Co., TX according to the plat records in Vol. 2, pgs
23-24, plat records of Brazoria Co., TX (14015 CR 556 (Gardens))
Honorable Mayor and Council Members:
At a regular meeting held on December 6, 1999, 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 Emil Beltz
to recommend approval of Zone Change Application No. 849.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
�� �� • ✓t7aWA!\Y
ZONE CHANGE APPLICATION
revised 3/5/96
v Change
in Zoning
in Regulations
Use for.
Classification from:
50 to: iS I
Change
in Section #:
Specific
"
Property address:
1
14015
C ,P M j (p
C6iard@nS)
1,2h acnes;n
Lot: trot 51 Block:
AtLI5alI c Gui-F Goc`3 Hova,G, .A.Odwi5,"
Subdivision: r
�1., j�.ct�cn ii
Metes & Bounds Description:
(unplatted property only; attachLsurvey)
Tax I.D. number. 34Q'
`I CC) slog /� Iv
Proposed use of land within requested designation: `-2, \ C1 eivvci, Style Ft m 1 U1
Record owner's name:j 2, M ocn,
L Susc -) C. ad -ex d,
Owners mailing address: 141- 01 C- .'.. S Co
Owner's telephone number 281 ' 4 `Th ' 12-`10
Agent's name: kl
DIN3--
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), 1 acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: tvcso
C__Ini
Agent's signature:
(Ar th '
Fees paid: $
R �
Date paid: 1D I) kr19
Received by
n- Watt-
Application number: L.
•
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
City of Peerland, Texas
OREOARY MOORE & SUSAN DI :TERIOR
ZONECHMANGE
8D TO R-1
M0. N..848 ace* SHEET
oak. OCT., 1888 wga:,'-5W1
.,_
aw. an J.EB. C/O OLE
Mal Y C. T MIUNSOD 88-8187 Of 1
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:
ibscribe and sworn to before me this
CtrW „ tz- i'ieg 9-0- bli
Votary Public, a e •
NOTICE OF A JOINT;
PUBLIC HEARING OF THE`i
CITY COUNCIL AND THEI
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 22nd day of November,
1999, at 6:30 p.m., the City
Council and the Planning and.
Zoning commission of fhe 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
Gregory R. Moore and Susan
C. Dieterich, owner, of 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
P described property, to wit:
1.25 acres situated in Lot 57,
• Allison Rickey Gulf ',Coast '
home Co. subdivision, Section
19, H.T. and. B.R.R. Co. sur-
vey, A;243, Brazoria Co., Tx •
according to the plat records
in Vol.\2, pgs. 23-24,, plat
records, of Brazoria Co.,, Tx
(14015 CR 556 (Gardens)'.
•
At said hearing all interested
parties shall have the right
.and opporkunity to appear and
tt
be heard il n the subject.
` /s/ Young torfing. _
City Secretary
APPLICATION NO. 849