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Ord. 509-724 06-14-04ORDINANCE NO. 509-724 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 LOTS 1 AND 2, BLOCK 4, OF COLONIAL ESTATES, A SUBDIVISION IN SECTION 14, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 509, IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 9, PAGE 123, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 5230 COLONIAL DRIVE)(APPLICATION NO. 1171) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TOMMY BARNI, 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, Tommy Barni, Owner, filed on April 8, 2004, 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 17th of May, 2004, 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 27th day of May, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-724 proposed amendment application by Tommy Barni, Owner, whereby the Commission recommended to approve a change of classification for the property described in Exhibit "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 June 14, 2004; 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 Tommy Barni, Owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT 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) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1), such property being more particularly described as: Lots 1 and 2, Block 4, of Colonial Estates, a subdivision in Section 14, H.T. & B.R.R. Company Survey, Abstract 509, in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 123, of the Plat Records of Brazoria County, Texas (Located at 5230 Colonial Drive) 2 ORDINANCE NO. 509-724 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. 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. 3 ORDINANCE NO. 509-724 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 14th day of June , 2004. ATTEST: GUI Yi NG % ` ING SECRETARY TOM REID MAYOR 4 ORDINANCE NO. 509-724 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of June , 2004. ATTEST: APPROVED AS TO FORM: : i. DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 r1Hk e5 U1U4 I-k LIIY OH HERHLHNll U 1 1735Z 1 (N"Z I V N . 1 e APPLICATION FOR A CHANGE IN ZONING C/1 1/3- 8y"rH2Sl Please check one: Change in Zoning Classification from: ❑ Specific Use Permit Request for : t° 0? f (list current zoning) N/ A pr ict pi ist oposed use) to: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci,pearland.tx_us 17010I (list propos oning) Property Information: Address:.53D f�0 \ DR1 Subdivision: CDI flN \"- \ f.5v4T5 Lot: Block: Tax I.D. Number: " For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): V- ©'� room hi O SC Proposed use of property: STOR.AAE. f C''E ) S PROPERTY OWNER INFORMATION: NAME "Te")r ry 1.7AQP' ADDRESS 5230 t r Ivhm t -\ CITY Q lia21.144,w3O STATE 1 . ZIP er St PHONE( 113 ) $Rg- t-VIS FAX( E-MAIL ADDRESS APPLICANT/AGENT INFORMATION: NAME Tprnv-1‘,-‘, 11=42f\ ADDRESS saw Colon 2 l Di��� CITY WACZ,l`ArQ 0 STATE iX ZIP 'l'l $8 4 PHONE(oP ) LISS-8N l (113- -y f FAX(aS 1 ) 941 24'7' 7 E-MAIL ADDRESS-rofArn.BACZ.NYt a Barer Q,1i-oa1S PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible'for the correctness of the legal description given. Owner's Signature: OCLAA-: Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: RECEIVED BY: ��2ccopl-q3a4g Date: J 3O rD `f DATE PAID: 14 K104 APPLICATION NO. / / q ** TC Tc1 DOf_C • • 1 SUBJECT PROPERTY DR r r z Confederate DR 11111 1111 pnn 111 WW1 IIIIII 11111 imbm.A... WIN wir LOCATION MAP Zone Change Application No. 1171 Owner: Tommy Barni 5230 Colonial Drive (SD - R1) W+E 0 200 400 Feet 11111 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, as follows: No. / Date 1/^ 2,3 20 0 4 • No. Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 /L/ LAURA ANN EMMONS Notary public State of Texas Commission Expires 09-09-2006 day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 28 & May 5, 2004 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL, AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO, 1171 Notice is hereby given that on May 17, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Tommy Barni, 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: Lots 1 and 2, Block 4, of Colonial Estates, a subdivi- sion in Section 14, H.T. & B.R.R. Company Survey, Abstract 509, in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 123, of the Plat Records of .Brazoria County, Texas. (Located at 5230 Colonial Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I 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, as follows: No. Date Sc 20 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this day of ___Vhaff___ 20 Oli LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 28 & May 5, 2004 - NOTICE OF 'A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CIYV OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO..1171 Notice is hereby given that on May 17, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Tommy Barni, 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: Lots 1 and 2, Block 4, of Colonial Estates, a subdivi- sion in Section 14, H.T. & B.R.R. Company Survey, Abstract 509, in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 123, of the Plat Records of Brazoria County, Texas. (Located at 5230 Colonial Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I May 27, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1171 Honorable Mayor and Council Members: Request 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: Legal Description: Lots 1 and 2, Block 4, of Colonial Estates, a subdivision in Section 14, H.T. & B.R.R. Company Survey, Abstract 509, in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 123, of the Plat Records of Brazoria County, Texas (Located at 5230 Colonial Drive) At a regular meeting held on May 17, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner David Ransom made a motion to forward Zone Change Application No. 1171 to City Council for approval with a second made by Commissioner Linda Cowles. Motion to approve passed 4-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission Cc: Owner: Tommy Barni 5230 Colonial Drive Pearland, Texas 77584 Page 1 of 1