Ord. 509-428 2000-03-03 ORDINANCE NO. 509-428
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 3.32 ACRES, MORE OR LESS, OUT OF THE
SOUTHERLY PORTION OF LOT 6, A SUBDIVISION OF SECTION 19, H.T. &
B.R.R.CO.SURVEY,A-243, BRAZORIACOUNTY,TEXAS(APPLICATION NO.
877) (927 CULLEN BOULEVARD (FM 865)) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT(SD)TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF ROBERT & ELIZABETH MELINDER,
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, Robert & Elizabeth Melinder, Owners, filed on November 29, 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 14th of February, 2000, 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 28th day of February, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Robert & Elizabeth Melinder, 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 March 13, 2000, 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 Robert & Elizabeth Melinder, 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:
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:
3.32 acres, more or less, out of the southerly portion of Lot 6, a subdivision of Section
19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas (927 Cullen Boulevard
(FM 865))
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. 509-428
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
March , 2000.
TOM REID
MAYOR
ATTEST:
.4/ LQ AaikA
SUNG • '
Y Sr"ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this27th day of
March , 2000.
_.) 177 -0"
TOM REID
MAYOR
ATTEST:
/1 / 4dee*i4/-
•UNG/ I /
Y S RETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
•
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
•
I Change in Zoning Classification from: S to:
Change in Regulations in Section #:
Specific Use for:
Property address: 9X"/ FM g(' S (CULL PIJ 8&,'Ib)
s- A ( • " iCif C' u
Lot: (e Block: Subdivision: 61,;v,�;
h''� C �' S
L�
o o C
Metes & Bounds Description: Cu(t` Cops 4- /40",t a,r e.61, s;0, ,
(unpiatted property only; attach survey) S�c.{., j�" i.�, r: 4 B. iZ,f 6, S a(iv ` /4457--,
9_4 3 a ;AA-z 0 04,.+�- K, /v1.4-P c' *E der
V e ? 1-3 / 3, 3 2. /at n-tn rt c v/1-
Tax I.D. number:
Proposed use of land within requested designation: RCS ;) 7'14-L-
Record owner's name: /? 4-4- Me L:vjer q vJ w, C'C,` 4.6 e A-, Me
Owner's mailing address: 2.111 ga ca- / c(d 312 , Pc R fA,J) 7x 7 7514
Owners telephone number: v2$ (-- 5)17- 07°5
Agent's name: Ai/A--
Agent's mailing address: /VA-
Agent's
telephone number: d/A-
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: (-
s signatu r
Agent's signature: nl e.
Fees paid: $ I C_ Date paid: \ aok-9 C\
Received by: C` - Application number:
ZONE SD
21 I
HAWK ROAD
49 I
ZONE SD
50
9V CULLEN gismo%
' / R-1(340)
ZONE SD
J ZONE SD '-
rD
m c0
z
B .11 Ili R-1(389)
U
52
HUGHE RANCH RD.
Of1Y UMIT UNE
C CRYSTAL aLAKKE RIVE s
GNW0G�S IrI 10
26
n.4:_---,
City of Peerlan J,Texas
ROBERT a ELIZABETH MELJNDER
ZONEFRCOHMANGE
8D TO R-1
Apo.Ns.$77 lad.. SHEET
Dub:DEC.. 1999 HORZ •-:1 400' 1
wFt:��-
Dun Dr J.E.B. CAD FILE:
Chid Dr G. TUMIUNSOF 99-8218 OF 1
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
° v- Z6-tk 20 ao
No. Date 20
No. Date 20
No. Date 20
No. Date 20
yi
IS ide nt
Subscribe and sworn to before me this +k day of J av\.
+Q..r. r
\`\ ..L., Publisher
� N Evirec 9 •gyres '
Notary=':-s,:.„ f l'e of Texas
•
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND,TEXAS
Notice is hereby given that on
the 14th day of February,
2000, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties,Texas,will conduct
a Joint Public Hearing in the
Council Chambers,City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of
Robert & Elizabeth A.
Melinder, 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:
3.32 acres,more or less, out
of the southerly portion of Lot
6,a subdivision of Sect. 19,
H.T.&B.R.R.Co.survey,A-
243, Brazoria Co., TX (927
FM 865)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
City Secretary
APPLICATION NO.S77
05/0112000 22:07 281485 63 97 REPORTER NEWS PtiuE 01/01
r1uAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Lte of Texas
tzoria and Harris Counties
andy Emmons, hereby certify that the notice hereby appended was published
trazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ulation in Brazoria and Harris Counties, for issues, as follows:
No. Date te.4 . - 20
No. _ • Date _ 20
No. . _ Date
No. _ Date 20
No. Date 20
Aafkio_V-67/1-4.9
President I.
tribe and sworn to before me this 3 . .
DO ,�
, --Ki\. LAURA A. ENIMOM
g' =,£saa!':of tlxa3;
' J
zSion expire
I ii .11 .•,1 <nor
. � . -
Notary Public, State of Te*cas
q1
;fie».. :.;�� *:?
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND,TEXAS
Notice is hereby given that on
the 14th day of February,
2000,at 6:30 p.m.,the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties,Texas,will conduct
a Joint Public Hearing in the
Council.Chambers,City Hall,
3519 Liberty Drive, Pear land,
Texas, on the request of
Robert & Elizabeth A.
Metinder, 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:
3.32 acres,more or less,out
of the southerly portion of Lot
6,a subdivision of Sect. 19,
H.T.&B.R.R.Co.survey,A-
243, Brazoria Co.,TX (927
FM 865)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Wang'
• APPLICATION NO.$77
February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 877
Request of Robert & Elizabeth Melinder, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Suburban Development District(SD) to
Single Family Dwelling District(R-1) on the following described property, to wit:
3.32 acres, more or less, out of the southerly portion of Lot 6, a subdivision of Section 19, H.
T. & B. R.R. Co. survey,A-243,Brazoria Co., TX(927 Cullen Boulevard (FM 865))
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 after a Joint Public Hearing,the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd Iocco to
recommend approval of Zone Change Application No. 877.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely, ■
? c 1� i 'J
Mary Starr, Ch irman
1
Planning&Zoning Commission