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Ord. 509-605 09-09-02ORDINANCE NO. 509-605 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 0.832 ACRES, TRACT F, OUT OF H.T. & B.R.R. COMPANY SURVEY, SECTION 7, A-219, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1053)(1525 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF ERIC AND VALERIE HICKS, 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, Eric and Valerie Hicks, Owners, filed on June 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 12th day of August, 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 13th day of August, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Eric and Valerie Hicks, Owners, whereby the Commission recommended and approved a change of classification for the property 1 ORDINANCE NO. 509-605 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 August 26, 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 Eric and Valerie Hicks, 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: 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: 0.832 acres, Tract F, out of H.T. & B.R.R. Company Survey, Section 7, A-219, Brazoria County, Texas (1525 Garden Road) 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 2 ORDINANCE NO. 509-605 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. 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. 3 ORDINANCE NO. 509-605 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 26th day of August , 2002. TOM REID MAYOR ATTEST: OIN Y S CRETA'Y PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9 day of September , 2002. ATTEST: APPROVED AS TO FORM: 0IN COKER CITY ATTORNEY TOM REID MAYOR 4 CITY OF PEARLAND ZONE CHANGE APPLICATION ] revised 10/20/01 • / Change in Zoning Classification from: to: f, R- 1 Change in Regulations in Section #: Specific Use for: * Property address: -Aed eii op, P.p r Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Current use of land: 0 Zl 011'ci©7 f(00 Proposed use of land: Record owner's name: Owner's mailing address: cAi21CJQA34. ((ilor4 I/ti'1 C ,Q �`��`Yr� l Lca r `r 5) 2-/�3/ :mod' Pasapt�4 77S o� _ Owner's telephone number: '7? ( — 478e5 • Agent'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 - business zone (OP, NS, GB), I acknowledge that such us may be incompatible with current and futur uses on properties in my vicinity. Owner's signature: Fees paid: $ ak,d1 Received by: i41444 ``" Agent's signature: Date paid: (i 1 a- (l Da' "Application number: Os MINIM mar ir Mira\ ___10.,------- MIMI tiAtltill1111111111 Wiraludibil M ......—imum Illimwommt=irawne limo" is. sum mmirmicrissmilim1111 Ig Imp Tow Arxi.31, d ST UM rIll 11 Zone Change Application No. 1053 Eric & Valerie Hicks 1525 Garden Rd (SD--R1) August 13, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1053 Request of Eric and Valerie Hicks, owners for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: 0.832 acres, Tract F, out of the H. T. & B. R.R. Co. survey, Section 7, A-219, Brazoria Co., TX (1525 Garden Road) Honorable Mayor and Council Members: At a regular meeting held on August 12, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ray Bacon made a motion to forward Zoning Application No. 1053 to City Council for approval with a second made by Commissioner Sheryl Greiner. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Eric and Valerie Hicks, 4831 Aspen Drive, Pasadena, TX 77505. 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. 1 Date 7 2q 20 ` No. Date 20 No. Date -20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 0) LAURA A EMMONS i) 1:Notary Pub:' St..tof Texa.s - a,„;,`a' Cotiirniss!cn E G_C�? i n �p`ti c3 ,� President aura Ann Emmons, Publisher • Notary Public, State of Texas Published July 24 & July 31, 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 12th day of August, 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 Eric and Valerie Hicks, owner, for an amend- ment to the Land Use and Urban Development Ordi- nance of said City from Classification Suburban Development District (SD) to Single Family Dwelling District (R-1) on the follow- ing described property, to wit: 0.832 acres, Tract F out of the H.T.& BR.R. "Co. Section 7 Survey, A-219, Brazoria Co., TX At said hearing all interested See LEGALS Page 20 LEGALS parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1053 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 7- 3 / 20 Q No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 2(fi - 1�, LAURA A. Eel;},OiS 1‘.v),=t•4ote.ry Pi b,ic State of ic--xa.7 Commiss!on Expires .943-92 .""-"ant._-szij day of aura Ann Emmons, Publisher Notary Public, State of Texas 7r Published July 24 & July 31,, 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 12th day of August, 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 Mile hearing in. the Council Chambers, of City Hall, 3519 Liberty Drive,' Pearjl, Texas, on the r q rie and Valerie an amend,' to the ld Use and &opment Ordi- pity from Suburban Dwelopment District (SD) to Single Family Dwelling District (R-1) on the follow- ing described property, to 0.832 acres, Tract F out of the H.T.& B.R.R. Co. Section 7 Survey, A-219, Brazoria Co., TX • 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 APPLICATION NO. 1053