Ord. 509-571 03-11-02ORDINANCE NO. 509-571
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.7219 ACRE TRACT OUT OF A 40
ACRE TRACT, CALLED TRACT 35, H. T. & B. R.R. CO. SURVEY,
SECTION 7, A-219, AS RECORDED IN VOLUME 850, PAGE 635, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1023)
(6215 DUBLIN LANE)FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF KYLE HUNT, 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, Kyle Hunt, Owner, filed on January 18, 2001, 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 February, 2002, 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 12th day of February, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Kyle Hunt, Owner, whereby the
1
ORDINANCE NO. 509-571
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 Estate Lot Single Family Dwelling District (RE); 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 February 25, 2002, 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 Kyle Hunt, Owner, 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) is
hereby for all purposes changed and reclassified as Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
.7219 acre tract out of a 40 acre tract, called Tract 35, H.T. & B.R.R. Company
Survey, section7, A-219, as recorded in Volume 850, page 635, deed records of
Brazoria County, Texas (6215 Dublin Lane)
2
ORDINANCE NO. 509-571
IL
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.
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.
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ORDINANCE NO. 509-571
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.
PASSED, APPROVED, and ADOPTED on First Reading this 25 day of
February , 2002.
ATTEST:
aYkL,[141
TOM REID
MAYOR
4
ORDINANCE NO. 509-571
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day
of March , 2002.
ATTEST:
APPROVED AS TO FORM:
D RIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
ur rtHKLHND 281 852 1 702 TO 97132417159
P.02
CITY OF PEARLAND
• ' ZONE CHANGE APPLICATION
revised 1,0/20/01.
Change In Zoning Classification from:
Change in Regulations in Section #:
S ' =cific Use for: * —_
Q
to: fk8
Property address: Co 1 S \-ai;, i L 6
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
Current use of land; V A CAN`
Proposed use of land: z.s er . A L __
Record owner's name:
udr
Owner's mailing address: ?SQL an u kl 3y A<1AiJe , TX
Owner's tel9honee number: ► — Cyr
aa�ent's name'
Agent's mailing address:
Agent`s telephone number:
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
ma )r be incompatible wlth current and future uses on properties in my vicinity. �._.
Owner's s . nature:
Fees ' aid: $
Received b :
t q
Agent's si• nature:
Date pad:.
** TOTAL PAGE,02 **
Zone Change Application No. 1023
Kyle Hunt
6215 Dublin Lane
(SD -RE)
N
s
Zone Change Application No. 1023
Kyle Hunt
6215 Dublin Lane
(SD -RE)
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, Harris & Galveston Counties, for / issues, asiollows:
No. % Date /-- 23 20(?
No. Date l 20
No. Date 20
No. Date 20
No. Date 20
/ZA-4
President
Subscribe and sworn to before me this Zy day of -�
?0 D�
LAUFLA, : Yw �; Laura Ann Emmons, Publisher
Notary P hl.c Stale of l enc:� 4
Cor,1„ sicnExp 6's 3-02 4 Notary Public, State of Texas
Application No. 1023
Published Jan. 23 & Jan. 30,-
2032
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND
COMMISSION OPINE
CITY OF FEARLAKI,..
TEXAS -
Notice is hereby given that on
the 11th day of February,
2002, at 6:30 p.m., the City
Council and the Planingand
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,
351011berty--DriVe; Pearland,
Texas, on the request of Kyle
Hunt, owner, for an amend-
ment to the Land. Use and
Development Ordinance crf-
,said City from Classification
Suburb,an. ,Development
District (SD) to Estate Lot
$1111i'f Family Dwelling
District (RE) on the following
described property, to wit:
• •
.7219 acre tract out of a 40
acre tract ,celled Tract 35,
H.T4-13:::N.A." Co, Survey,
Section:7,..019;a*redorded,
in Vot7650-i-4.v.635, deed
records of Brazo
(6215 Dublin -
At said liearing,:6
parties 2.§
and-000104
be heard o
De
eloprnent Coordinator
APPLICATION NO.1023
ijnd
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, Harris & Galveston Counties, for / issues, es -follows:
No. % Date / 20 2a_
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
subscribe and sworn to before me this 3
v; Nct ry PubPc, SF_.ie
Ornmi3sior,
:-c.. Exg: es 9-3-02
4
President
day of ier-1-2
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Application No. 1023
Published Jan. 23 & Jan. 30,
2002
NOTICE OF A JOINT
PUBLIC HEARING'OF THE
CITY COUNCIL ANDTHE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that on
the 11th day of February,
2002, 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 Kyle
Hunt, owner, for an, amend-
ment to the Land Use and
Development Ordinance of
said City from Classification
Suburban Development
District (SD); to Estate Lot
Single ; Family Dwelling
District (RE) on the following
described property, to wit;
.7219 acre tract out of a 40
acre tract called Tract35,
H,T.& B. R.R,'Co.'Survey, '635, deed
Section 7, A7219, a ,
In Weil p9
deci
records of raz Co x TX
(6215 Dubin
At said h g all interested
parties sha have the right
and opportunity fo appear and
be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPUCATION N0.1023
February 12, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1023
Request of Kyle Hunt, owner for an amendment to the Land Use and Urban Development
Ordinance from classification Suburban Development District (SD) to Estate Lot Single Family
Dwelling District (RE) on the following described property, to wit:
.7219 acre tract out of a 40 acre tract, called Tract 35, H. T. & B. R.R. Co. survey, Section 7, A 219,
as recorded in Vol. 850, pg 635, deed records of Brazoria Co., TX (6215 Dublin Lane)
Honorable Mayor and Council Members:
At a regular meeting held on February 11, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Kevin McDonald to forward Zoning Application No. 1023
to City Council for approval with a second made by Commissioner Robert Scharer.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
kO,4L&
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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