Ord. 509-215 07-27-98ORDINANCE NO. 509-215
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 BEING LOT 6, BLOCK 7 OF HICKORY CREEK PLACE
SUBDIVISION, BEING OUT OF LOT 17 TO 21 AND 30 TO 34, SECTION 7, H.T.
& B. R.R. CO. SURVEY, ACCORDING TO THE PLAT RECORDS VOLUME 11,
PAGE 1, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 289) (14211
MELANIE LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF STEVEN R. AND SUSAN G. HARVEY, 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, Steven R. and Susan Harvey, owners, filed on March 18, 1998, 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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 29th day of June, 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 29th day of June, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Steven R. and Susan G. Harvey, 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 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 July 13, 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 Steven R. and Susan G. Harvey, 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:
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-l); such
property being more particularly described as:
Lot 6, Block 7 of Hickory Creek Place subdivision, being out of lot 17 to 21 and 30
to 34, Section 7, H.T. & B. R.R. Co. Survey, according to the Plat Records Volume
11, page 1, Brazoria County, Texas (14211 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 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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-215
PASSED, APPROVED, and ADOPTED on First Reading this
July ,1998.
13th
c----->-.~
TOM REID
MAYOR
day of
ATTEST:
~ARY ~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of July
ATTEST:
,1998.
TL)M REID
MAYOR
27thday
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY
CITY OF PEFIRLRND ID:?13-485-8764 MRR 11'98 4-
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~-/
__ Clmng¢ in Zoning Classification from: ~ D to: ...
____ Change in Regulations in Section #:
__ Specific Use for: *
EXHIBIT
Property address: It/;,,// /~r [~e L,o
Lot: Ca Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.V. number:
Proposed use of land within requested designatiom ~,~,,~, t'~e-,~/,.~ ~.e
Owner's mailing address: / zt/,Z__/[
Owner's telephone number: (ZT-,,. ~> i)
Agent's name:
Agcnt's mailing address:
Agent's !elephone number: /~/~
PF. TITION: As owner/age. nt, I hereby periljim the City for approval of the above described request as
provided !~y Ihe laws of ~he State of Texas anti Ordinances of the City of PearJaM. *Ca a S~ci~c Use
I'ermi~ reques~ to allow a residential use in a business zone (OP, NS, GB), ! acknowi~ge that such use
may I~. inc:onq~atiblc~ wiih cm'ren~ anti Iinure uses on prodriles in my vicinily-
SD
L
r
ZONE SD
I
DUBLIN
oc,,'- z
10 11 ~
~ ZONE SD
10 8
KELLY LANE " *
t ~ MELA~I
4 I ,
LANE
J
10
200'
OYP-)
200' . <::(
' ('n'P.) 0
~ n,'
ZONE SD
ZONE R-2
ZONE R-2
SD
R-2
SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE
DISTRICT
FAMILY DWELLING
I' ZONE CHANGE
FROM
8D TO R4
..,- ~.c.. ~... ~r':~::
I)~ ~J.F_.B. ci~ FII.B
CM,t eF D. SMI'II.I 9B--B03O OF 1
1
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:
N o. Date 19
N o. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 ~
Laura Ann ~'~' ~
day of (yj-~
i ~-i;?i!! o'~.,e i" hereby g~n th~,t ~n"'
1:-; ..~: j . :' . - . ,
' · "' ~, o~, f~ ~
~k PI6~, ' '~:'
7, ~ & B RR ~'~
~19, as ~' ~
roeroof, Vol. 11 ;'. ~'z
~e8 shall have ~
: ~uniWt~:~rj~d
~ ~ e head ~ me suW~.
. ~ ~ .... :r,, - ..........
'AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pear/and, 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 EWS,
c~rculation in Brazoria and Harris Counties, for >,,N an. ewspaper of genera/
~q~' ------Z: ~ssues, as follows:
Date 19~
No.
No.
No.
'Date 19_____
Date 19_____~
Date
19
Subscribe and sworn to before me this '~'~~ '~i0N$ ':
LIC HEARIN( O~ THE C[
NING:~.ND:Zi NII~(~'C~M-"
'MiSSiON OF 'HE:C~. OF
PEAR~ND TE~S
Notice is hereby given that on
the 29th day of June, 1998, at
6:~ p.m., the Ci~ C~Uncil
and the Planning and Zoning
Commission of.the Ci~ of
Peadand, Bmodq and .HarHs
Counties, Texas, will ~nduct
a Joint Public H.Hng in.the
Council Chambem~ Ci~ Hall,
3519 Libe~ Ddve, PeaHand,
Texas on the r~uest of
~awey, owner, for an amend-
~eM' tO the '~nd
lassification Subumn~ ~'~ :: '
;milyDwelling~is~),
)mpe~, to wit: . ~, :.~....~:~.~:.~...; ..
, HT & B RR Co.
-19, as reco~ed On plat
'."~
. .
b' ea~ on the subj~t.. ' .
July 2, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 289
Request of Steven R. & Susan G. Harvey, owner, 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:
Lot 6, Block 7, Hickory Creek Place, a subdivision of 100.90 ac, & lots 17 to 21, & 30 to
34, section 7, HT & B RR Co. Survey, A-219, recorded on a plat thereof, Vol. 11, pg. 1,
Brazoria Co., TX (14211 Melanie Ln.)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint
Public Heating, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Mathis and seconded by Commissioner Beltz to approve
Application No. 289.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission