Ord. 509-667 07-14-03ORDINANCE NO. 509-667
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 0.59ACRES OF LAND, BEING OUT
OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK 12, LOT 2,
WEST LEA SUBDIVISION, SECTION 3, ABSTRACT 546, AS RECORDED
IN VOLUME 12, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (FM 1128 AT HERON LANE) (APPLICATION NO. 1111)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ERIC
E. AND VISEETA BROWN, 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, Eric E. and Viseeta Brown, Owners, filed on May 2, 2003, 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 16th of June, 2003, 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 25th day of June, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
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ORDINANCE NO. 509-667
proposed amendment application by Eric E. and Viseeta Brown, Owners, whereby the
Commission recommended to approve 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 July 14, 2003; 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 Eric E. and Viseeta Brown, Owners, presented which, in the judgment
of the City Council, would justify the approval of said application; now, therefore,
BE IT 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:
0.59 acres of land, being out of and part of the Commercial Reserve of Block 12,
Lot 2, West Lea Subdivision, Section 3, Abstract 546, as recorded in Volume 12,
Page 23, of the Plat Records of Brazoria County, Texas (FM 1128 at Heron Lane).
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ORDINANCE NO. 509-667
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 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.
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ORDINANCE NO. 509-667
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 14th day of
July , 2003.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 509-667
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of
July , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
TOM REID
MAYOR
r'AR 15 2003 13: 1 4 FR CITY OF PEARLAINU 281 6172 1702 TO 97127317654 F . F 1 a2
APPLICATION FOR
A CHANGE IN ZONING
City of Pearlanci
Cornmunity Development
3519 Liberty Drive
Peerland, Texas 77581
281-852-1639
281-652-1702fax
www.ci,peariana.tx.us
Please check one:
;"'Change in Zoning Classification from: 5 to: 1
(bat current zonin9) (MIt proposed zoning)
El Specific Use Permit Request for ---- --�.
(Ilse ptopoaei use)
Property Information:
Address: D M I /),(‘ HE. iZ(/ PEtDZL_Pk Q/ X `7751j
Subdivision: \ cT l_ /4 Lot Block: _
Tax I.D. Number ?7�-;C1;—()/ L - 97v
~" For unplatted property, attach a copy of the metes and bounds description**
Current use of property NONE
(type of structures on property):
Proposed use of property: l N AAI L j/ iti %L L t it) ��„ rx ►
PROPERTY OWNER INFORMATION; APPLICANT/AGENT INFORMATION:
NAME t Rl C c!r V lSLL i rt 13.4cy4tir NAME
ADDRESS (X. L J{(PL. L L R D t1 ADDRESS
CITY tiOUG 1-L ! STATEDL ZIP i 70-1 7 CITY STATE ZIP
PHONNEca2) ) 7 3 4- 3( 5
FAxcil _Z 2i 1- 7 (v FAX(
E-MAIL ADDRESS 'Ce I- `-i.j /4 yi H&c c'M E-MAIL ADDRESS
PHONE(
PETITION: As owner/agent, I hereby petition the City of Pearlend for approval of the above described
request as provided For by the laws of the State of Texas end ordinances of the City of Pearland. I
certify to the best of my knowledge that +,is is a lrue description of the property upon which I have
requested the above c e action. I derstand that I am fully responsible for the correctness of the
legal desorption give
Owner's Signature:
Date: 5-a -C3
Agent's Signature: Date'
OFFICE USE ONLY;
FEES PAID:
RECEIVED BY:
DATE PAID; / C) 3
APPLICATION NO., I I I
Mockingbird LN
111 11111
SIMS
1111111
on
0 200 400 Feet
1111
Zone Change Application No. 1111
Eric E. and Viseeta Brown
FM 1128 (Manvel Road) and Heron Lane
(SD - R1)
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date ,5- �.S2 20 13
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this �q
20
LAURA ANN EMMONS
Notary
ommiss on
0 Expires 09-09 2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for % issues, as follows:
No. / Date 6 - 7" 20 C '
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20p?
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
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'
day of �� p
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published May 28 & June 4,
2003
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 16th day of June, 2003, at
6:39 p,tn., ,tke City .Council
and Planning and Zoning
Commission . of the City of
Pearland, Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing ih the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of Eric
E. and Viseeta Brown, own-
ers, 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:
0.59 acres of land, being out
of and part of the Commercial
Reserve of Block 12, Lot 2,
West Lea Subdivision,
Section 3, Abstract 546, as
recorded in Volume 12, Page
23, of the Plat Records of
Brazoria County, Texas (FM
1128 at Heron Lane)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Theresa Grahmann
Planner'I
APPLICATION NO. 1111
June 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1111
Request of Eric E. and Viseeta Brown, owners 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:
0.59 acres of land, being out of and part of the Commercial Reserve of Block 12, Lot 2, West Lea
Subdivision, Section 3, Abstract 546, as recorded in Volume 12, Page 23, of the Plat Records of
Brazoria County, Texas (FM 1128 at Heron Lane)
Honorable Mayor and Council Members:
At a regular meeting held on June 16, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1111 to City
Council for approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Eric E. and Viseeta Brown, 10619 Hunkler Dr, Houston, TX 77047
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