Ord. 509-362 1999-11-08ORDINANCE NO. 509-362
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 8, BLOCK 7, WEST LEA SUBDIVISION,
SECTION 2, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 809) (7108 WEST LEA LANE) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MELODY J.
HUBBARD, 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, Melody J. Hubbard, Owner, filed on July 1, 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 27th 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 5th 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 Melody J. Hubbard, 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
1
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 25, 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 Melody J. Hubbard, 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) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-1); such
property being more particularly described as:
Being Lot 8, Block 7, West Lea Subdivision, Section 2, according to the plat records of
Brazoria County, Texas (7108 West Lea 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.
2
Ill.
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. 509-362
PASSED, APPROVED, and ADOPTED on First Reading this 25th day of
October , 1999.
0')-r7
1.4
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day
of November
ATTEST:
APPROVED AS TO FORM:
, 1999.
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
IChange in Zoning Classification from: St to:
(�
R
Change in Regulations in Section #:
Specific Use for: *
Property address: \J
C'Y Lk )(2•-.-/\ c_.)-(-- , Y \ ;2_
Lot: g Block: 7
Subdivision: �� L e
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: &-Ci
(d
i'� •-1-v►wi e J i f--
Record owners name:
✓l �,�0 of 3 , i J a_ (_
Owner's mailing address: 7 / 3 4-r q/e-n C-
Owner's telephone number: `7/3- )3 ¥-Do /d
Agent's name: n
la
1
Agent's mailing address: f 10‘
Agent's telephone number: 1CA
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 future uses on properties in my vicinity.
Owner's signature: l - 7Y7,- rf
Agent's signature: 0 a
Fees paid: $ =o
Date paid: r7_
I
Received by: ► ,rjNAq
Application number: /I�
iJ
J
LLJ
Z MOCKINGBIRD LN.
Q
1
Clly of Rowland. Texas
MELODY J. HUBBARD
ZONEFR CHANGE
OM
SD TO R-1
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
HORZ:1'-200'
CAD:
99-8158
SHEET
oF1
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 - . F 19
No Date 19
No Date 19
No Date 19
No. Date 19
;ubscribe and sworn to before me this
9-11—
resident
day of
` i, a -An rEnimoris, Piibli er
1
Notary u���Q�;�.
,�L_'ie s
wrrawrw1NOMMoe ,w
NOTICE OF A JOINTPUB-
LIC HEARING OF THE CITY
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND, TEXAS
Notice Is hereby given that on
the 27th day of September,
1999, at 6:30 p.m., the City
Council and the Planning and
Zoning Corpixiesion of the
City 0 P1wms I, fitaoorla and
Mara Counties, Taal, will
conduct a Joint Public
illettn,' !r► tie ciao
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Melody J. Hubbard, 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 properly, to wit:
Being lot 8, Blk. 7, West Lea
subdivision, sec. 2, according
to the plat records of Brazoria
Go., TX (7108 West Lea
Lane)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lolling
City Secretary
APPuCATmON NO. tO
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:
m
resident
Subscribe and sworn to before me this day of
��a, d`_ ... iht:- •Gi�.t� d� �'8i5(S9 �Si
ti
NOTICE OF A JOINT PUB
LIC HEARING OF THE CITY
COUNCIL AND THE PLAN- �
NING AND ZONING COM-
j MISSION OF, THE CITY OF 1
PEARLAND, TEXAS .
j .-
Notice is hereby given that on i
the 27th day of September, I
1 1999, at 6:30 p.m., the City
i Council, and the Planning and 1
Zoning • Commission offthe
i City of Pearland, Brazoria-and '
Harris Counties, Texas, will
conduct i Joint Public
' Hearing in the Council
Chambers, City Hall, 3519 j
11 Liberty Drive; Pearland, !
Texas, .on. the request of- !
Melody J. Hubbard, 'owner,
for an amendment to the i
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:
Being lot 8, Blk., 7; West Lea
subdivision, sec. 2, according
to the plat records of Brazoria
( Co., TX'-(7108 West Lea
I Lane)
At 'said hearing all interested
•parties shall have the right
i and opportunity to appear and
be heard on the subject:
Young Lotting
City Secretary. -
APPLICATION NO. 809 .i
ORDINANCE NO
509-362
October 5, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO.809
Request of Melody J. Hubbard, 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 Lot 8, Block 7, West Lea subdivision, Section 2, according to the plat records of
Brazoria Co., TX (7108 West Lea Ln)
Honorable Mayor and Council Members:
At a regular meeting held on October 4, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Vice -Chairman Tommy
Scott to recommend approval of Zone Change Application No. 809.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
ct
Mary Starr, Chairman
Planning & Zoning Commission