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Ord. 509-598 08-12-02ORDINANCE NO. 509-598 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 8.750 ACRES, BEING TRACTS 17A, 17B AND 18, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF. BRAZORIA COUNTY, TEXAS(APPLICATION NO.1044)(8210 BROOKSIDE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF BEATRICE LEJSAL, 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, Beatrice Lejsal, Owner, filed on May 21, 2002, 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 8th of July, 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 9th day of July, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-598 proposed amendment application by, Beatrice Lejsal, 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 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 considered the recommendation of the Planning and Zoning Commission, at a regular meeting on July 22, 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 Beatrice Lejsal, 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: 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 Estate Lot single Family Dwelling District (RE); such property being more particularly described as: 8.750 acres, being Tracts 17A, 17B and 18, Allison Richey Gulf Coast Home Company Subdivision, Section 19, H. T. & B. R.R. Company Survey, A-243, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, page 23, plat records of Brazoria County, Texas (8210 Brookside Road) 2 ORDINANCE NO. 509-598 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. 509-598 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 22 day of July , 2002. ATTEST: NG Y S,r RETARY TOM REID MAYOR 4 ORDINANCE NO. 509-598 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day of August , 2002. ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 5 CITY OF PEARLAND ZONE CHANGE APPLICATION ti revised /20/01 Change in ZoningClassification from: to: /a �F Change in Regulations in Section #: Specific Use for: * • Property address: 5�,/Q . gd'®®/C s D/e /ro'• P Y /174.176- Lot: 8 Block: g, C,,-_-Q-79L 1/ t.5 . 3 }-/7---T aex - i- Subdivision: -L4 s y ' ,� - 0.11 Foes Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number:, 0 q % r Come 6 . ,&? � �/ P / Current use of land: �= e t G)2 7/Q, l Proposed use of land: a i O/e. n C / Q-1 Record owner's name: i�Q-Zip'.' i' G e ' Q � Owner's mailing address: g0/� nY©a id l� . • Owner's telephone number: 4ff/ -12O , / 5 i5 Agent's name: f a .l Agent's mailing address: V-i rI Agent's telephone number: I( IC\ 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: g a Agent's signature: Y\ g CA -Q-Y;�� Fees paid: $ , Sat ' Date paid: f ^ DA _ 0 . " 1 QL Received by: ' Application number: itimu mismo inown EMI Nom 11111111111111 11111 NM IMO 11119.1.1 iNNINNE —101-- imung7 Zone Change Application No. 1044 Beatrice Lejsal 8210 Brookside Road (SD -RE) W E s July 9, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1044 Request of Beatrice Lej sal, 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: 8.750 acres, being Tracts 17A, 17B and 18, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 2, page 23, plat records of Brazoria Co., TX (8210 Brookside Road) Honorable Mayor and Council Members: At a regular meeting held on July 8, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1044 to City Council for approval with a second made by Commissioner Kevin McDonald. Motion to approve passed 4 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 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, Harris & Galveston Counties, for / issues, as follows: No. / Date /` 20 oi-- No. Date 20 No. Date 20 No. Date 20 No. Date 20 F/111 tild1 President Subscribe and sworn to before me this day of LAURA A. EMM NS Notary Pubiic, State of •3 i�i�XCi �� Commission Expire 9- -02 /)F Laura Ann Emmons, Publisher Notary Public, State of Texas ci P so Published June 19 & June 26, 2002 NOTICE OF A JOINT PUBLICHEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEANLAND, TEXAS Notice is hereby given that on the 8th day of July, 2002, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas, will con- duct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Beatrice Lejsal, owner, for an amendment to the Land Use and Urban 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: 8.750 acres, being Tracts 17A, 17B and 18, `Allison Richey Gulf Coast Home H. T. & B. R.R. Co survey, A•243, Brazoria Co. TX, according to the map or plat thereof recorded in Vol. 2, pg - 23, plat records of. Brazoria CO,, TX ` (8210 Brookside Rd) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPLICATKONVI.44 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 4- 20 at — No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this )7 20 O)-- LAURA A. EMMONS t , .Not: PL:bi' State of Texas ;4 .� 1;,'e cT Commission Expi ej 2-C_02 i 7 Cam m�r�. President day of 179dztz____________ aura Ann Emmons, Publisher Notary Public, State of Texas Published June 19 & June 26, 2002 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 8th day of July, 2002, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas, will con- duct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Beatrice Lejsal, owner, for an amendment to the. Land Use and Urban 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: 8.750 acres being Tracts 17 , 178 and 18 Allison:. Ri y t Homey Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof recorded , in :Vol. 2, pg 23, plat records of Brazoria Co., TX (8210 Brookside Rd) At said hearing all interested parties .shah have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps . Development Coordinator APPLICATION NO. 1044