Ord. 509-372 11-22-99ORDINANCE NO. 509-372
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 10, HICKORY CREEK PLACE
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-219, RECORDED IN VOLUME
11, PAGES 1 & 2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 810) (6322 KELLY DRIVE) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF TIM L. & MARY HAYDEN, 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, Tim L. & Mary Hayden, Owners, filed on August 9, 1999, 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 11th of October, 1999, 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 stdct conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 19th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Tim L. & Mary Hayden, 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 (SD) to Single Family Dwelling
District (R-i); 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 November 8, 1999, 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 Tim L. & Mary Hayden, 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) 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 10, Hickory Creek Place Subdivision, H.T. & B.R.R. Co. Survey, A-219,
recorded in volume 11, pages 1 & 2, plat records of Brazoria County, Texas (6322
Kelly Drive)
I1.
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.
2
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-372
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of
November ,1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day
of Novmeber ,1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. $10
Request of Tim L. & Mary Hayden, 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, Bik. 10, Hickory Creek Place subdivision, HT&B RR Co. survey, A-219, recorded in
Vol. 11, pgs. 1 & 2, Plat Records of Brazoria Co., TX (6322 Kelly Dr)
Honorable Mayor and Council Members:
At a regular meeting held on October 18, 1999, after the Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 810.
Motion to approve passed 4 to 0.
TNs is submitted for your consideration.
Sincerely,
Ma~y Start, Chairman
Planning & Zoning Commission
EIT'¥ OF PEARLAND li¢.;ic-4SS-S(b4 .)'Uhl
CITY OF PEAl:tIE,AND
7~ONE CiiANGE APPLICATION
~-..~. revised 3/5/96
~ Change in Zoning Classification from' ~ ....... to:,
Change in RegulatiOns in Section #:
09 ' 99
Specific Use for:
Lot. ~ Block:
Metes & Bounds Description;
(unplatted property only; attach survey)
Tax I.D. number:
9:24 No.004 F:'.03
Proposed use of land within requested designm~o;.-
~_Ow, er'_s telephone number:
Agent's name: '~'~ ~k~-
Agen!'.s mailing address:
Agent's telephone number;
may be incomp3tible wit.~b.,curr~ t and f.~uture uses on properties a my vicinity.
-. .¢= ......
Owner's signature~,~.,. ~ / / ~ - I .....
· , ' ~ t~ ¢ ~ J ~genl s slgna[ure:
Fees paid: $ ~' ~' ~ I Date ~aid' - ~-~
PETITION As owner/agent, I hereby petition the City for approval of the above described request as
provided by lhe laws of the State of Texas and Ordinances of the City of Peadand, 'On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
R-1
R-1
(2s~)
6
MARSHA LANE
1 (~ 6322
LANE
14-
R-1(261)
R-1(~01)
~-' 10 11
261)
5
200'
7
8
KELLY
L
N
R-1
LANE
DUBLIN
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
Oity of Peed~nd, Text8
TIM · ~ HA~EN
ZONE CHANGE
FROM
8D TO R-1
· AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Subscribe and sworn to before me this
No. / Date ~...2,2, 19 ~
No. Date 19 __
No. Date 19
No. Date .19
No. Date 19
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of genera]
circulation in Brazoria and Harris CoUnties, for // issues, as follows:
Notary Public, State of Texas
State of Texas
Brazoria and Harris Counties
r and ~
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 and Harris Counties, for issues, as follows:
No. / Date ~ej~4. ~,~-' 19 ?'~
No. Date 19 __
No. Date 19
No. Date 19 .__
No. Date 19 --
President
Subscribe and sworn to before me this
~ Ann Emmons, Publisher
Notary Public, State of Texas