Ord. 509-597 08-12-02ORDINANCE NO. 509-597
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 LOT 11, ROBIN COVE
SUBDIVISION, SECTION 2, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 19, PAGES
185-186, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1049) (7105 ROBIN MEADOW) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF EVERETT AND
LIZ ALLEY, 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, Everett and Liz Alley, Owners, filed on June 10, 2002, 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 July, 2002, 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 9th day of July, 2002, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Everett and Liz Alley, Owners, whereby the
1
ORDINANCE NO. 509-597
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 considered the recommendation of the
Planning and Zoning Commission, at a regular meeting on July 22, 2002, 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 Everett and Liz Alley, 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) is
hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1);
such property being more particularly described as:
Lot 11, Robin Cove Subdivision, Section 2, Brazoria County, Texas, according to
the map or plat thereof recorded in Volume 19, pages 185-186, plat records of
Brazoria County, Texas (7105 Robin Meadow)
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
2
ORDINANCE NO. 509-597
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 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.
3
ORDINANCE NO. 509-597
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 22 day of
July , 2002.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final R adigg this 12 day
of August , 2002.
ATTEST:
UN
TY S CRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION x
revised 10/20/01 •
Change in Zoning Classification from:
to- kes et e,,66 11)
Change in Regulations in Section #:
Specific Use for: *
Property address: 7205Re
—44,1;1
Lot: l 1 Block: ) L
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
Current use of land:
Proposed use of land: %n`hXes;d_edxe
r,/,or ezy212/Ay
,,e0 333,2 "edr4id
Record owner's name:
Owner's mailing address:
Owner's telephone number: 8/ 73/ 9,227
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 NS GB I acknowledge that such us
Permit request to allow a residential use in a business zone (OP, )
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: g�'j. / f
Fees paid: $2 O9
Agent's signature:
Date paid:
Application number:
0-0
Received by:
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Zone Change Application No. 1049
Everett & Liz Alley
7105 Robin Meadow
(SD-R1)
W E
s
July 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1049
Request of Everett & Liz Alley, owners for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to Single
Family Dwelling District (R-1) on the following described property, to wit:
Lot 11, Robin Cove Subdivision, Section 2, Brazoria Co., TX, according to the map or plat
thereof recorded in Volume 19, pages 185-186, plat records of Brazoria Co., TX (7105 Robin
Meadow)
Honorable Mayor and Council Members:
At a regular meeting held on July 8, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1049 to City
Council for approval with a second made by Commissioner Robert Scherrer.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria 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
irculation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. Date 20�i—
No. Date 20
No Date _-.20
No Date 20
No. Date 20
hscribe and sworn to before me this
LAURA A. EMMONS
Notary Pub- Stte of Texns
Comrniscion iq
President
aura Ann Emmons, Publisher
Notary Public, State of Texas
1
hPeN
6t)
Published June 19 & June
26, 2002
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 6th day of July, 2002,
at 6:30 p.m., the City
Council and Planning and
Zoning 'Commission of the
City of Peadand, Brazoria,
Harris and Fort Bend
Countiies' Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519.Liberty Drive,
Pearland, Texas, on the
request of Everett and Liz
Alley, owners, for an amend-
ment 10 the, Land Use and
Urban DeVet0pme111 Ordi-
nance of said City from
Classification Suburban
Development
District
istri tDwelling(to
Single Y
District (R-1) on the follow-
ing described property, to
wit:
Lot 11, ' Robin Cove
Subdivision, Section
rdm
Brazoria Co., TX, ac o i 9
to the map or plat thereof
recorded in Vol. 19, pgs
185-186,plat records of
Brazoria Co., TX (7105
Robin Meadow)
At said hearing all interested
parties shall have the right
::,and opportunity to -'
and be heard on the
is/ Mona Ann Phipps
Development Coordinator `+ ,
APPLICATION NO.1049
AFHH AV T OF PUBLICATION
The Peariand 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, Harris & Galveston Counties, for / issues, as follows:
No / Date 4-- 20
No Date 20
No. Date 20
No. Date 20
No. Date
Subscribe and sworn to before me this �7
20o)--
LAURA A . EM O S
NotYry PR.::,iic, State of Texas
oa Commission Expires Q-•O_n7tii
day of
20
aura Ann Emmons, Publisher
Notary Public, State of Texas
6
Published June 19 & June
26,2002
NOTICE OF A JOINT
PUNS HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING.
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 8th day of July, 2002,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas,on the
request of Everett and Liz
Alley, owners, for an amend-
ment to the Land. Use and
Urban Development Ordi-
nance of said City from
Classification Suburban
Development District (SD) to
Single Family Dwelling
District (R-1) on the follow-
ing described property, to
wit:
Lot 11, ' Robin Cove
Subdivision, Section 2,
Brazoria Co., TX, according
to the map or plat thereof
recorded in Vol. 19, ,pgs
185-186,plat records of
Brazoria Co., TX (7105
Ran Meadow)
Atsaid hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub.
is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1049
6O0