Ord. 509-638 02-24-03ORDINANCE NO. 509-638
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 3, BLOCK 7, HICKORY CREEK
PLACE ADDITION, AS RECORDED IN VOLUME 11, PAGES 1-2, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (2145 MELANIE
LANE)(APPLICATION NO. 1078) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF GERARD VEILLEUX AND GAIL
WALDEN, 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, Gerard Veilleuxand Gail Walden, Owners, filed on November 11, 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 20t" of January, 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 28th day of January, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-638
proposed amendment application by, Gerard Veilleux and Gail Walden, 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 considered the recommendation of the
Planning and Zoning Commission, at a regular meeting on February 10, 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 Gerard Veilleux and Gail Walden, 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 Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
Lot 3, Block 7, Hickory Creek Place Addition, as recorded in Volume 11, Pages 1-2,
Plat Records of Brazoria County, Texas (2145 Melanie Lane)
Il.
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. 509-638
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. 509-638
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
February , 2003.
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of February , 2003.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
c4-14))1
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
(Sik-
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
Change in ZoningClassification from: E D to: „- E
g (list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 2I45 MEL4k1tE. LASE
Subdivision: WIGkot?.y CReEk f2LAG€ Lot: 3 Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
Proposed use of property: S 11 le, FA M t Ly 1) t,J
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME*2426:64 tL lei NAME
ADDRESS '744-I OSCAiiL ADDRESS
CITY 2 € STATE TC ZIP ) 7 S 3 6, CITY STATE ZIP
PHONE( 2- ( ) 4,77 PHONE(
FAX( -71 J ) 4 4 B444, FAX(
E-MAIL ADDRESS SCE (,. LP& k6t'-kALLL C0M E-MAIL ADDRESS
PETITION: As owner/agent, I -reby petition the City of Pearland for approval of the above described
request as provided for b tb la . of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my + ' l•, e that this is a true description of the property upon which I have
requested the above ch c - ' on. I understand that I am fully responsible for the correctness of the
legal description given
91a U&L_ Date: `I / C90
Owner's Slgnatur:. �.�, ram
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID: DATE PAID:
RECEIVED BY: APPLICATION NO. /6 g
0 200 400 Feet
Bill I
Zone Change Application No. 1078
Gerard Veilleux and Gail Walden
2145 Melanie Lane
(SD - R-E)
January 28, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1078
Request of Gerard Veilleux and Gail Walden owners, for an amendment to the Land Use and
Urban Development Ordinance of said City from classification Suburban Development District
(SD) to Estate Lot Single Family Dwelling District (R E), on the following described property,
to wit:
Lot 3, Block 7, Hickory Creek Place Addition, as recorded in Volume 11, Pages 1-2, Plat Records of
Brazoria County, Texas (2145 Melanie Lane)
Honorable Mayor and Council Members:
At a regular meeting held on January 20, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1078 to City Council
for approval with a second made by Ray Bacon.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Gerard Veilleux and Gail Walden
7441 Oscar
Deer Park, Texas 77536
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland 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 -20 0 3
No Date '20
No. Date '20
No. Date 20
No. Date 20
Subscribe and sworn toy before me this
20 c3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
tHrnir
` President
day of �e Z
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1078
Published 01/01 & 08/03
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 20th day of January,
2003, 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 conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of. Gerard Veilleux
and Gail Walden, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Suburban
Development District (-SD) to
Estate Lot Single Family
Dwelling District (R-E) on the
following described property,
to wit:
Lot 3, Block 7, Hickory Creek
Place Addition, as recorded in
Volume' 11, Pages 1-2, Plat
Records of Brazoria County,
Texas (2145 Melanie Lane)
At said hearing all interested
parties shall have the right
and opportunity, to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1078
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Candy Emmons, hereby cdrtify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for / issues; as follows:
No. ` Date / / 20 6 3
No. Date 20
No. Date 2.0
No. Date 20
No. Date 20
scribe and sworn to before me this
ndu%nffim—
l5
LAURA ANN EMMONS
NCommission
Public, State of Texas
•
mission Expires 09-09-2006
•••a••••••••••* **** •••••••••••.•
Public Hearing - Application No. 1078
Published 01/01 & 08/03
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 1 & 8, 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 20th day of January,
2003, at 6:30 p.m., the City
Council and: Planning and
Zoning Commissionof the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Gerard Veilleux
and Gail Walden, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
Estate Lot Single Fan*
Dwelling District (R-E) on the
folowing described property,
to wit:
Lot 3, Block 7, Hickory Creek
Place Addition, ass recorded Irk
Volume 11, Pages"12, Plat
Records of Brazoria'County,
Texas (2145 Melanie Lane)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO.1078