Ord. 509-347 1999-10-25ORDINANCE NO. 509-347
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 12, BLOCK 10, WEST LEA SUBDIVISION,
H.T. & B.R.R. CO. SURVEY, A-546, ACCORDING TO THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 762) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF CHRIS AND
MELINDA MARTH, 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, Chris and Melinda Marth, Owners, filed on February 26, 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 13' of September, 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 23`d 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 Chris and Melinda Marth, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
"A" from its existing classification of Suburban Development District (SD) to Single Family
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 October 11, 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 Chris and Melinda Marth, 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:
Lot 12, Block 10, West Lea Subdivision, H.T. & B.R.R. Co. Survey, A-546, according
to the plat records Brazoria County, Texas
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.
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.
3
ORDINANCE NO. 509-347
h
PASSED, APPROVED, and ADOPTED on First Reading this �' day of
0c4o L-J r , 1999.
MAYOR
ATTEST:
h
PASSED, APPROVED, and ADOPTED on Second and Final Reading this Ci7 day
of OC,40be r , 1999.
ATTEST:
UNG
TY S RETARY
APPROVED AS TO FORM:
Zco."...:_ /task),
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
ORDINANCE NO
509-347
September 23, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 762
Request of Chris and Melinda Marth, owners, 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:
Lot 12, Block 10, West Lea subdivision, H. T. & B. R.R. Co. survey, A-546, according to the
plat records of Brazoria Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on September 20, 1999, after the Joint Public Hearing, the Planning
and Zoning Commission considered the above -mentioned request.
A motion was made by Vice -Chairperson Tommy Scott and seconded by Commissioner Todd
Iocco to recommend approval of Zone Change Application No. 762.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Stew ,mom
Mary Starr, C''hairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
JChange in Zoning Classification from: `---)ID to: K`
Change in Regulations in Section #:
Specific Use for: *
Property address: 4A �'>>v\- -1.o
Lot: t Z Block: t 0
Subdivision: WF_SI LEA
A
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: `8230J0M
v0 &(-.c4A'-'1'4L\r\3E`)
Proposed use of land within requested
designation: iio Sl 1
Record owner's name: Gi-1-1e--IS 4U3'Nf (1''IATJ-} pa0 HE,1,I0OA y mAR }4
Owner's mailing address: 39 O) SPRING AK60(Z CA-- e) V_L.C1cJD < i) T)\-)
Owner's telephone number: 2 `p 1 t_) `o°1 " v13 9
Agent's name: vfl
i C,
Agent's mailing address: (/\ /CI
Agent's telephone number: VI 1Ck
PETITION: As owner/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 futu uses on properties in my vicinity.
Owner's signature: in-
Agent's signature: VI /
Fees paid: $
Date pai4: 1 Cp /CI q
Received by: ,-,0
Application number: *.--j
to c_
I
14
8
10
14
7
14
WEST LEA LN.
7
8
10
<bvGG-
ZONE SD
10
(------
200'
....
MP.)
2
.0//d
1
14
MOCKINGBIRD LN.
6
7
c
5
ZONE SD
200'
('•)
1
ZONE SD
1
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
City of PssAsnd, Texas
CHRl8 & MELNDA MARTH
ZONE CHANGE
FROM
SD TO R-1
HORZ:1'-200•
VERT•1•-
SHEET
CO
99-8099
OF 1
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Chris A. & Melinda K. Marth
3901 Spring Arbor Ct.
Pearland, Texas 77584
Dear Mr. & Mrs. Marth:
44;
PEAR1LAND
7 E X A S
1
On October 25, 1999, the City Council voted to approve Application No. 762 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 509-347 for your records.
Sincerely,
tvtg
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Sandy 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 02C 19 5)5
No. Date 19
No. Date 19
No. Date 19
No Date 19
cscribe and sworn to before me this
Notary Public, State of Texas
L
AO—TICE OF A JOINT ',
gRUBLIC HEARING OF THE
ITY COUNCIL AND 'THE!
RLANNING AND ZONING
COMMISSION OF THE CITY ,
,IOF PEARLAND, TEXAS
.Notice is hereby giventhat on
the 13th day of September,
If999, at 6:30 p.m., the City
-
Gouhcil and the Planning and
Zoning Commission of the
'pity df Peartand, Brazoria and
`Harris Counties, Texas, will
conduct a Joint Public
Hearing in the' Council
j r Chambers, City Hall, 3519
( j\Liberty Drive, Pearland,"
Texas, on.the request of.
\Chris Alan & Melinda Kay
Marth, owner, for an amend-
ment to the Land Use and
Urban. . Development
Ordinance of said City from
�tClassification Suburban
Development (SD) to Single
Family Dwelling District (R-1)
n the following described '
roperty, to wit: _
Lot 12; Blk. 10, West Lea`"
ubdiivision, FIT& B RR Co:
„urvey, A-546, ,according to "
he; plat records of Brazoria
6o., TX
At said hearing all interested
pparties shall have the right
and opportunity to appear and
be heard on the subject. .
dung Lor -
- ling
„City Secretary
i
voi.
PPLICA ON NO.762
AFFIDAVIT OFPUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Texas
. and Harris Counties
Emmons, hereby certify that the notice hereby appended was published
ria and Harris Counties in THE REPORTER NEWS, a newspaper of general
)n in Brazoria and Harris Counties, for / issues, as follows:: - .
)e and sworn to before me this day o1
Anto t4?QG. _xas
w�,,;: Corruf,fs ion Expires 9- --32
L
li NOTICE JOINT '
1 PUBLIC HEARING OF THE
1
CITY COUNCIL AND THE
l'I•LANNING AND ZONING •
. .
OMMISSION OF THE CITY
,co F PEARLAND; TEXAS
'cl
• , , Notice is hereby given that on '
ti e 13th day of September,
999, at 6:30 p.m., the City
ipo un cir a n d the Planning and '
4Zoning Commission of the' ,•
City of Pearland, Brazoria and
'Harris Counties, Texas; 'will
• Conducta Joint 'Public
Hearing in the Council
Chambers, City Hall, 3519
Liberty , Drive, Pearland,
Texas, on the request of
Chris Alan & Melinda Kay :-
Marth, owner, for an amend- -- -
ment to the Land'Use and
Urban 'Development
1 Ordinance of said City from
Classification Suburban
Development (SD) to Single
Family Dwelling District (R-1)
on the following described
property, to wit:
_,
•
Lot 12, Blk. 10, West Lea
subdivision, HT& B RR Co.
'survey, 'A-546„ according to . • i
the plat rspords_of Brazoria '• .
'QC—,
1 ' •, _„ , ,_:: .-_, .
/At said hearing all interested
iparties,shall have the right
and opportunity to appear and -
be heard on the subject. • •
Young Lorfing
:City Secretary
APPLICATION NO. 762