Ord. 509-641 03-24-03ORDINANCE NO. 509-641
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 2, BLOCK 7, HICKORY CREEK
PLACE, H.T.& B.R.R. COMPANY SURVEY, SECTION 7, ABSTRACT 281,
BRAZORIA COUNTY, TEXAS (MELANIE LANE)(APPLICATION NO. 1085)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R~I) AT THE REQUEST OF MICHAEL
BOEGLER, OWNER, 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, Michael Boegler, Owner, filed on January 13, 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 17th of February, 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 18th day of February, 2003, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Michael Boegler, Owner, whereby the
Commission recommended to approved a change of classification for the property
ORDINANCE NO. 509-641
described in Exhibit "A" from its existing classification of Suburban Development District
(SD) to Single Family Dwelling District (R-l) 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 March 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 Michael Boegler, Owner, 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) to is
hereby for all purposes changed and reclassified as Single Family Dwelling District (R-l);
such property being more particularly described as:
Lot 2, Block 7, Hickory Creek Place, H.T. & B.R.R. Company Survey, Section 7,
Abstract 218, Brazoria County, Texas (Melanie Lane)
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
2
ORDINANCE NO. 509-641
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. 509-641
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this t0th
I~rch ,2003.
day of
ATTEST:
~'¢/~ U N G .~'F/I/N"C~ F~'M C
I'Y SECRETAF~
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of Hatch ,2003.
ATTEST:
APPROVED AS TO FORM:
ID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
4
APPLICATION FOR
A CHANGE IN ZONING
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 Zoning Classification from':
[---I Specific Use Permit Request for ·
(list current zoning)
to:
(list proposed zoning)
(list proposed use)
Property Information:
Address:
Subdivision:
Lot: 'Z 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:
PROPERTY OWNER INFORMATION:
NAME
ADDRESS
CITY ~,gr',l~CC' STATET)<, ZIP "/73~G
PHONE( Z~ I ,) c~
FAX( ,,).
E-MAIL ADDRESS I'YI.
APPLICANT/AGENT INFORMATION:
NAME
ADDRESS
CITY
PHONE( )
FAX( )
E-MAIL ADDRE88
STATE ZIP.
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: Date:
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID:
APPLICATION NO.
RECEIVED BY:
February 18, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1085
Request of Michael Boegler, owner 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-l), on the following described property, to wit:
Lot 2, Block 7, Hickory Creek Place, H.T. & B. R.R. Co. Survey, Section 7, Abstract 218,
Brazoria Co., TX (Melanie Lane)
Honorable Mayor and Council Members:
At a regular meeting held on February 17, 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 ApplicationNo. 1085 to City Council
for approval with a second made by Commissioner Ray Bacon.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Michael Boegler
17222 Crestline
Humble, Texas 77396
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 /- -7_. ,~ .~20 c, B
No. Date 20 __
No. Date '20
No. Date 20
No. Date 20
! President
Subscribe and sworn to before me this
day of
20
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing- Application No. 1085
Published 01 ~29~03 & 02/05/03
Published Jan. 29 & Feb, 5,
2O03
NOTICE OF A JOINT
I=IU~UC HF. ARIN(~ OF THE
crrY COUNCIL AND'THE
PLANNING AND ZONING
COUMI~SION-OF THE cn'Y
OF PEARLAND, TEX~$
Notice i~ hereby given thaton
the 17th day. of February,
2003, at 6:30 p,m,, the City
Council. al!d~..~l~n~g and
City of Pearland, Brazorla,
Harris 'and Fort Band
Counties, Texas, willConduct
a 'joint public hearing in the
Councf!"Cliambers of City
'Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Michael Boegler,
owner, for an amendment to'
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
Di~'i~ (SD,) to Slngte'Family
Dw~.Distr~t (R,1) on the
foliowing.descdbe~.property,
to wit:
Lot 2, Block 7~ Hickory Creek
Place Subdivis or~,: Brazoria
Co., TX (Melanle gane)~
At said hearing ali:interested
parties shall ~aVe..the right
and opportunity t(~-appear
and be heard on the subject;
Is/Mona Ann Phipps
Development Coordinator
APPUCATION NO. 10~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
'ate of Texas
azoria and Harris Counties
Randy Emmons, hereby cdrtify that the notice hereby appended was p'bblished
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
3ulation in Brazoria, Harris & Galveston Counties, for / issues.,: as follows:
No. / Date
2o_ _
No. Date 20,__
No. Date
No. Date 20 __
No. Date 20 __
scribe and sworn to before me this
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing -Application No. 1085
Published 01/29/03 & 02/05/03
Published Jan. 29 & Feb. 5,
~003
NOTICE OF A JOINT
PLANNING~ AND 'ZONING
COaM~S~ON,O!; T~ crr~
Notiee is hereby.given thet on
the 17th daY~01 February,
L~,'~.at :6:30 p,m~ the City
Council and Planning and
zoning. ~0~mission Of ~
Harris and Fort Bend
~, Texas, will conduct
CoU~cit'~l~mbers ' of City
Hall' 35i9.. L be~ Dr ve
Pearland, Texa~', on the
requeet of Michael .Boggler,
owner, for an.smendment to
the Land Use;and Urban
Development 'Ordnance of
.~d CitY F~c~
Suburban Development
Distflct (SD) to Single Family
Dwelling District (R-l) on the
following described properly,
to wit:
Lot 2, Block 7, Hickory Creek
Place Subdivision, BrazOfla
Co., TX (Melanie Lane)
At ~.bearing a!t inter, ted
parties shalL'have the right
and opportunity to appear
and be heard on the subject.
Is/Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1~