Ord. 509-238 07-02-98 ORDINANCE NO. 509-238
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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 338,324,331,314, & 330)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE
OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABIUTY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT
WHEREAS, the Owners have filed 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 24th day of August, 1998, 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 26th day of August, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by the 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 Single Family Dwelling (R-1),
and,
1
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 September 14, 1998, 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 the owners, facts were 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 in the City Limits of the City of Pearland,
Brazoria County, Texas, 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 (R-1).
1. Application 336- F.L. & Arlene Henning
5838 Kelly Drive
Pearland, TX
S 1/2 of Lot 13, Blk. 6, Hickory Creek Place subdivision, sect. 7, HT & B RR Co.
Survey, A-219, plat records of Brazoria Co., TX Vol. 11, pg. 1 & 2
2. Application 324- Phil Carl Eastburn, Jr.
5922 Marsha Ln.
Pearland, TX
Lots 5 & 6, Blk. 8, Hickory Creek Place subdivision, sect. 7, HT & B RR Co. Survey,
A-219, plat records of Brazoria Co., TX, Vol. 11, pg. 1
3. Application 331: Robert S. Pourchat
6126 Beckey Lane
Pearland, TX
Lot 7, Blk. 4, Wagon Wheel addition, Sec. 14, HT & B RR Co. Survey, A-509, plat
records of Brazoria Co., TX Vol 8, Pg. 79
2
4. Application 314: Michael D. Whittenburg
P.O. Box 859
Friendswood, TX 77549
Lot 5, Blk. 2, Hickory Creek Place subdivision, according to the plat recorded in Vol.
11, pg 1-2, plat records of Brazoria Co., TX
5. Application 330- Roy Bloch
6207 Beckey Lane
Pearland, TX
Lots 7 & 8, Blk. 5, Wagon Wheel addition, according to the plat recorded in Vol. 8,
Pg. 79, plat records of Brazoria Co., TX
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
3
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 hereinabove described
property.
VII.
This Ordinance shall become effective after its passage and approval on second and final
reading.
ORDINANCE NO. 509-238
PASSED, APPROVED, and ADOY111) on First Reading this I`'E+h day of
.� -pol"4c, , 1998
tD1.4
tYr�
REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of ..re-0-
Gr , 1998.
4=4).ryn
TOM REID
MAYOR
ATTEST.
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APPROVED AS TO FORM:
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D COKER
CITY ATTORNEY
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VChange in Zoning Classification from. to.
Change in Regulations in Section #.
Specific Use for *
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Property address 313 g , ,..
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Lot /3 lock: b Subdivision. 'W-feay.1_1t-zede},--It-c-e—'
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Metes & Bounds Description.
(unplatted property only; attach survey) ,444.,.. . ildif-eli.404
Tax I.D number 4‘/-- es /- c..2 51c
Proposed use of land within requested designation:
Record owner's name •c7.7 ,or tt
Owner's mailing address 5.--.P %.1 g 1\- x11 A,, .- Ze,aar..,,,..14107/I /
Owner's telephone number ,2 g/— 44(5- 5,9 L 7
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 signatu f 94,,,,„;„, Agent's signature
Fees paid $
0 174" Date paid. 7/06
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EXHIBIT
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 and Harris Counties, for _ __ issues, as follows
No f Date d. l 19515
No Date 19
No Date 19
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EXHIBIT
AFFIDAVIT OF PUBLICATION
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The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 and Harris Counties, for / issues, as follows
No / Date D ^4 19 112
No Date 19
No Date 19
No Date 19
No Date 19
Editor
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Subscribe and sworn to before me this Z day of
19 fig _ o a
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August 26, 1998
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 336, 324, 331
314, and 330
Request of the following owners for an amendment to the Land Use and Urban
Development ordinance of said City from Classification Suburban
Development (SD) to Single Family Dwelling District (R-1) on the following described
property, to wit:
1 Application 336: F.L. & Arlene Henning
5838 Kelly Drive
Pearland, TX
S 1/2 of Lot 13, Blk. 6, Hickory Creek Place subdivision, sect. 7, HT & B RR Co.
Survey, A-219, plat records of Brazoria Co., TX Vol. 11, pg. 1 & 2
2. Application 324 Phil Carl Eastburn, Jr
5922 Marsha Ln.
Pearland, TX
Lots 5 & 6, Blk. 8, Hickory Creek Place subdivision, sect. 7, HT & B RR Co.
Survey,
A-219, plat records of Brazoria Co., TX, Vol. 11, pg. 1
3. Application 331. Robert S. Pourchat
6126 Beckey Lane
Pearland, TX
Lot 7, Blk. 4, Wagon Wheel addition, Sec. 14, HT & B RR Co. Survey, A-509,
plat
records of Brazoria Co., TX Vol 8, Pg. 79
4 Application 314• Michael D. Whittenburg
P 0 Box 859
Friendswood, TX 77549
Lot 5, Blk. 2, Hickory Creek Place subdivision, according to the plat recorded in
Vol.
11, pg. 1-2, plat records of Brazoria Co., TX
5. Application 330: Roy Bloch
6207 Beckey Lane
Pearland, TX
Lots 7 & 8, Blk. 5, Wagon Wheel addition, according to the plat recorded in Vol.
8,
Pg. 79, plat records of Brazoria Co., TX
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on August 24, 1998,
after the Joint Public Healing, considered the above-mentioned recommendation to the
City Council.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner
Nghiem Doan to approve Application No. 336, 324, 331, 314, and 330.
Motion to approve passed by a vote of 6-0.
This is submitted for your consideration.
Sincerely,
n2a12-,1 /241
Maiy Carr, Chairperson
Planning and Zoning Commission