Ord. 509-210 07-27-98ORDINANCE NO. 509-210
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 TRACT ONE BEING A PARCEL CONTAINING 72.809 ACRES AND
BEING THE N 1/2 OF THE NE 1/4 SECTION 16, H.T. & B. R.R. CO. SURVEY,
A-546, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, TRACT TWO BEING
40 ACRES, MORE OR LESS AND BEING LOT 6, THE SW 1/4, SECTION 16,
H.T. & B. R.R. CO. SURVEY, A-546, AND TRACT THREE BEING 20 ACRES
MORE OR LESS, AND THE S. 1/2 OF THE SE 1/4 OF THE NE 1/4 OF THE
H.T. & B. R.R. CO. SURVEY, A-546, AND TRACT FOUR BEING 6.00 ACRES
MORE OR LESS, AND BEING THE SE 1/4 OF THE SE 1/4 OF THE H.T. & B.
R.R. CO. SURVEY, A-521 OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, (APPLICATION NO. 259) (15702 HARKEY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF MR. JAMES
HUBBELL ET AL, 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, Mr. James Hubbell et al, owner, filed on January 16, 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 22nd 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 Mr. James Hubbell et al, owner, 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-3); 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 Mr. James Hubbell et al, owner, 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-3); such
property being more particularly described as:
Tract one being a parcel containing 72.809 acres and being the N 1/2 of the
NE 1/4 section 16, H.T. & B. R.R. Co. Survey, A-546, Deed Records of
Brazoria County, Texas, tract two being 40 acres, more or less and being lot
6, the SW 1/4, section 16, H.T. & B. R.R. Co. Survey, A-546, and tract three
being 20 acres more or less, and the S. 1/2 of the SE 1/4 of the NE 1/4 of the
H.T. & B. R.R. Co. Survey, A-546, and tract four being 6.00 acres more or less,
and being the SE 1/4 of the SE 1/4 of the H.T. & B. R.R. Co. Survey, A-521 of
the Deed Records of Brazoria County, Texas ( 15702 Harkey Road)
II.
The City Council of the City of Pearland finds and determines that the recitations in
2
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.
ORDINANCE NO. 509-210
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
July , 1998.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of July
ATTEST:
, 1998.
TOM REID
MAYOR
27th day
APPROVED AS TO FORM:
(~~.'../4/ ~
DARRIN M. COK~R
INTERIM CITY ATTORNEY
(:ITY OF PEAll I,AN!") ..
Z(.)Ni:~ CH,%N(;!~ AIqq.,IC. ATION
revised 315."96
__ Change in Zoning Classification from: ~ ~bto: ~ ~
Change in Regulations in Section #:
__ Specific Use for: *
EXHIBIT
Property address:
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: 05%/coc~ol/o
Proposed use of land within requested designation:
~C~ChL
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: ~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 signam~.,~l
ees paid: $
,,.,! rl r:,.2, . ' .
Agent's signature:
Date paid:
'
N
SD
R-3
SUBURDAN DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED DVVELLING
DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cumnqings, 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 19
No. __ Date 19
N o. Date 19
N o. Date 19
Subscribe and sworn to before me this / day of
19~j~)
; .Z, '~,,,' URA A. EMMONS
Laura Ann Emmons, Publisher
No~Oe is hemby given that on oun~,Texas,SAVE, LE88,
the 22rid day of uun~, 199a,.~d EXCEPT ~at-~ffion of ~t
and the Planning and Zoning 14) of the Nodheast One- I~d, me ~lf '1~' ~f~
Pea~and;~Bmz~Ha and Hards ~ R.R. Company Suwey,
aJoint'Bubl~Headngiothe .
3519 Libe~y.D~ve, Pearland, .. ,~nuaW 9 l~f~' ~ ~. 546, and b~i~g'~te'pa L ' ~..~.
,
el., owner, for an amendment
Subu~an Development (SD)
to Single Family Dwelling
"MMENCING at:i~Point:on''
.... ='-'.:'~' · ~l~..line of.said section,
.~ i · ' k~lrad'~,nd twetve
. .:.,'-::'.~1~;':;" ~ ":half (712J12), ....
' "' ,.varas, Sot~th'6f thi'
" ....""' {ar ~reefi .(Un~.
"~;i~i"'hu~:'' ~ .' eating all interast~,':~
~nty:-~v'e (475)
:"' ": ..
~irty,seven ani:l ene~half,(937
_: District (R-3) on the following
described property, to wit:
TP, A,$'IE i;)NE: "" . ' '
That certain tract or parcel of
and, Containing 72.809 acres
.f lind. more or less, and
Jeing the NOrth OneHa f ( 1/2)
3f me Norlh.eas. tpee. FOunh
(1/4} of S~Bn Sixteen (16)
H.T, &: B;R;R~Company
Survey, Abstract No. 545,
Brazoria County, Teas,
~. ' '. ,:a~l EXCEP ~.
.iC(~hparfy ig~y;:~tract'
%1o. 546, Brazoda County,
Fexas, conveyed in deed
Jated January 9, 1973, from
i.abeH;)Or~e.y'to. H0y~D.!.~.
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. D ate 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before rne this
day ofd~
.]"""
;u~isher
a Joint Public Headng in the .No. 5 ~, BmzQda;Coun~: :., . :
3519 Libe~ Ddve, Pearland, .' . qat~ JanuaW 9, ~ 973, ~.,.. ' rher of~id s~we ' '
., owner, for an amendment :.. ; 7~ . e .~2:~:~q=ppd:-. ,-. =~' '~'~"~ine .feet
the ~nd Use and Umn .' : .~s,qf.~oni ~eun~ ~ .~ t~ L.~ ce~e~f ~id
id Ci~ from C~ : : . ' .C;~j~age. ~tc ;:...'' '.
,bu~an Devel~.~S~) ; ~,~ .... 7~; ~':~'~'~e; ~' .:"~.~:/L.~;:'. ·" ,: .
i Sing e Family ~elling i - ~ .... : ;. ... ,~NGE~uthwe~tedy a o
, ;tdct (R-3) o~the foll~l~ ~- ::~ ~~.~ ~: ...' .~{~df aid ~ihage
, '~b~p~e~,toW~"' ~ . :¥~ ~.,~m~~'." ;:, ;~to~eWemlin~*ofthe'
:;' ,; ~" ""' ~N~ .~, :. ~: ~ ~ ~t:U~- ~ "' j'~: '" ~ Uo'e of .Id's~e~
· ~ ~ ~ :' ..,.( ·
g Y ....... :~:: ~: ~ ~ingthenoe'We~tf°urhun:3 ~~.... :'~,. M n y ~l n
...."'~' ,'." . ~.;'~.:: :~ ........' .' ;'~;~'oppo,uniW to appear a d
· ' ..... ....
: ~--.,~ ,~,. ~. ","i:~;~.T~ ...'
July 1, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 259
Request of Mr. James Hubbell et al., 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-3) on the following described property, to wit:
Tract one being a parcel containing 72.809 ac. & being the N 1/2 of the NE 1/4
section 16, HT & B RR Co. Survey, A-546, deed records of Brazoria Co., TX
Tract two being 40 ac., more or less and being lot 6, the SW 1/4, sect. 16, HT & B RR
Co. Survey, A-546, and
Tract three being 20 ae. more or less, and the S. 1/2 of the SE 1/4 of the NE 1/4 of
the HT & B RR Co. Survey, A-546, and
Tract four being 6.00 ac. more or less, and being the SE 1/4 of the SE 1/4 of the HT &
B RR C0. Survey, A-521 of the deed records of Brazoria Co., TX (15702 Harkey Rd)
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 Beltz and seconded by Commissioner Mathis to approve
Application No. 259.
Motion to approve passed 4 to O.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission