Ord. 509-341 10-11-99ORDINANCE NO. 509-341
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 7 & 8, BLOCK 6, WAGON WHEEL
ADDITION, H.T. & B.R.R. CO. SURVEY, A-509, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 805) (16011
WAGONTRAIL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF DAVID & JOY COURTNEY, 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, David & Joy Courtney, Owners, filed on June 21,1999, 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 23rd of August, 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 strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 8th day of September, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by David & Joy Courtney, 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
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Dwelling District (R-1); 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 September 27, 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 David & Joy Courtney, 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) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-1); such
property being more particularly described as:
Being Lots 7 & 8, Block 6, Wagon Wheel Addition, H.T. & B.R.R. Co. Survey, A-509,
according to the plat records of Brazoria County, Texas (16011 Wagontrail)
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.
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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.
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ORDINANCE NO. 509-341
PASSED, APPROVED, and ADOPTED on First Reading this g7441 day of
5e 4ern\ x- , 1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 7 10- N day
of (r)C4-O(9QX , 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
,„ .10-1„0
TOM REID
MAYOR
ORDINANCE NO
509-341
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 805
Request of David & Joy Courtney, 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-1) on the following described property, to wit:
Being Lots 7 & 8, Block 6, Wagon Wheel addition, H. T. & B. R.R. Co. survey, A-509,
according to the plat records of Brazoria Co., TX (16011 Wagontrail)
Honorable Mayor and Council Members:
At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to
recommend approval of Zone Change Application No. 805.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
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Change in Zoning Classification from:
5 '' r to:
Change in Regulations in Section #:
Specific Use for: *
Property address: / A0 i / 1%6Oj% T�/f'/ L
���ddd
r
Lot: 4 Block:(.1,
Mit&0' 1,)iie' -
Subdivision: (/d 9 /Ir,t0 R2
Metes d. Bounds Description:
(unplatted property only; attach survey)
Tax I.D.
D. number:Q / Q Q Qd 0 C500 et"
Proposed use of land within requested designation: , e (p d-,,a-L 'i UL
-6/141 /7
Record owner's name: Dectoi ,- Jo Co v(e 1-40
Y p i7
Owner's mailing address: 3 if ` 9 /?15/I-off M1 IC Aryl/775YY
Owner's telephone number: .4 l - yi / - (3 Z 7
4
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the
provided by the laws of the State of Texas and Ordinances
Permit request to allow a residential use in a business
may be incompatible with current and future uses_on
City for approval of the above described request as
of the City of Pearland. *On a Specific Use
zone (OP, NS, GB), I acknowledge that such use
properties in my vicinity.
Owner's signature:
Agent's signature:
Date paid: - '� " ,
Ices paid: $ i ;
�' _1 , i I t, //
Ap 1 tcatton En .: ;:..::::<
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
City of Mariana Texas
DAVID i JOY OCL TNEY
ZONE CHANGE
8DTOR1
kola
NORM i' 200'
VERT •1
1221
99--515
SHEET
OF
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
;tate of Texas
,razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria and Harris Counties, for / issues, as follows:
No % Date
Auk
19
No. Date 19
No. Date 19
No. Date 19
No. Date 19
ibscribe and sworn to before me this S day o
A
PUBLIC HEARING OF THIS
CITY COUNCIL AND TH
PLANNING, AND ZONIN
COMMISSION OF THE
OF PEARLAND, TEXAS
Notice is hereby given that olxi
the 23rd day of August, 1999;
at 6:30 p.m., the City Council
and the Planning and Zoning
Commission of the City of
nties, Texas,will conduct
Joint Public Fearing in the
ncil Chambers, City Hall;
519• Liberty O$ve, Peatiand,
exas, on the request of Joy
David Courtney, owner, for.
n amendment to the Land
e and Urban DeVeIoprnent
rdinance of said City from
assification Suburbah
evelopment (SD) to Single
amily Dwelling District (R-1)
n the following described
roperty, to wit:
Bing lots 7 & 8, Block 6;
agon Wheel addition, HTi
RR Co. survey, A-509•,1
ccording to the plat records
Brazoria Co., TX (16014-
agon Trail)
t said hearing all interested
artles shall have the right
nd opportunity to appear and
heard on the subject.
Young Lorfing
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
•azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
.culation in Brazoria and Harris Counties, for / issues, as follows: -
No / Date 1/ J 19
No Date 19
No Date 19
No Date 19
No. Date 19
President
,bscribe and sworn to before me this day o
•
Notary Public, State of Texas
TY COUNCIL MW THE
ASKING AND ZING
UlSSION OF, THE CITY
PEAIIR.AND, TEXAS
Is hereby given that on
23rd of August; 1999,
8:30 p.m., the City Council
nd the Planning and Zoning
elty of
illsozartwianhi
Texas, will conduct
Joint Public Hearing in the
Chambers, City Hall,
19 Lberty Drive, Pearland,
exas, on tharequest of Joy
David Courtney, rwner, for
n amendment to the Land
se and Urban Development
of said City from
ossification Suburban
eveloprnent fSD) to Single
amity Dweing District (R-1)
n the following described
to wit:
ring lots 7 & 8, Block 6,
gon Wheel addition, HT&
RR Co. survey, A-509,
to the plat records
Brazoria Co., TX (16011
agon Trail)
t said hearing all interested
arties shall have the right
oppOttunityto appearand
heard on the subject.
Young Loring
ity Secretary
Young Lowing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
David & Joy Courtney
3419 Meadowlark Way
Pearland, Texas 77584
Dear Mr. & Mrs Courtney:
On October 11, 1999, the City Council voted to approve Application No. 805 requesting
the change of classification of certain real property from the classification of Suburban
Development District (SD) to Single Family Dwelling District (R-1).
Enclosed is a copy of Ordinance 509-341 for your records.
Sincerely,
fillatAAtt oitatnlims 14
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us