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Ord. 509-238 06-29-98 ORDINANCE NO. 509-238 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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 338,324,331,314, &330) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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, the Owners have filed 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 24th day of August, 1998, 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 26th day of August, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by the owners, 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 Single Family Dwelling (R-1), and; 1 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 September 14, 1998, 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 the owners, facts were 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 in the City Limits of the City of Pearland, Brazoria County, Texas, 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 (R-1). 1. Application 336: F.L. & Arlene Henning 5838 Kelly Drive Pearland, TX S 1/2 of Lot 13, Blk. 6, Hickory Creek Place subdivision, sect. 7, HT & B RR Co. Survey, A-219, plat records of Brazoria Co., TX Vol. 11, pg. 1 & 2 2. Application 324: Phil Carl Eastburn, Jr. 5922 Marsha Ln. Pearland, TX Lots 5 & 6, Blk. 8, Hickory Creek Place subdivision, sect. 7, HT & B RR Co. Survey, A-219, plat records of Brazoria Co., TX, Vol. 11, pg. 1 3. Application 331. Robert S. Pourchat 6126 Beckey Lane Pearland, TX Lot 7, Blk. 4, Wagon Wheel addition, Sec. 14, HT & B RR Co. Survey, A-509, plat records of Brazoria Co., TX Vol 8, Pg. 79 2 4. Application 314• Michael D Whittenburg P.O. Box 859 Friendswood, TX 77549 Lot 5, Blk. 2, Hickory Creek Place subdivision, according to the plat recorded in Vol. 11, pg. 1-2, plat records of Brazoria Co , TX 5. Application 330: Roy Bloch 6207 Beckey Lane Pearland, TX Lots 7 & 8, Blk. 5, Wagon Wheel addition, according to the plat recorded in Vol. 8, Pg. 79, plat records of Brazoria Co., TX 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. 3 All rights an, in the favor of the City under this Ordinance and its amendments there; . for the benefit of the City. =I. The City Secretary is .� to cause to be prepared an amendment to the official Land Use District Map of the ant to the provisions of Section 2 of Ordinance No 509, and consistent with the approve r o -anted for the reclassification of the hereinabove described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. ORDINANCE NO. 509-238 PASSED, APPROVED, and ADOPTED on First Reading this 14+� day of Sc't""""t, , 1998 4 . REED MAYOR ATTEST. iG • 'r irG S eircT ARY / 4 PASSED, APPROVED, and ADOPTED on Second and Final Reading this . day of JGrt,t , 1998. ' 4.. ..)f)ii &.,/ TOM REID MAYOR ATTEST: 1 if S • ARY y APPROVED AS TO FORM: cvietA.,- iy. 04,.., Di COKER CITY ATTORNEY i 5 EXHIBIT ::3:: h \ .\ �\ . >\� \•vim •.;•\\�c. ..\�::siv :c.a ; tiler>w, } •:a!••kv` \\ � \\\ \ • Change in Zoning Classification from. S to R — Change in Regulations in Section # Specific Use for * Property address SC?29, ` , -R., \1\ilk Lot j Block: Subdivision: �K �`�\_1\ e Metes & Bounds Description. (unplatted property only; attach survey) TaxI.D number 53(,p/eIQ3 0® p Proposed use of land within requested designation. c Record owner's name -\A„, Owner's mailing address. Vi a a w\-v.\0(`, € Owner's telephone number < ( _ 4-S j_ Li 2 g t 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 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 s1gnatuIc ,' • , , �1 Agent's signature- 4/J,4 Fees paid $ /v 11 Date paid. 6:7,9 .:fI��+f:! ��:y.,•:::::•v'ti": \\ i �pc"'3�%°4.s•w -"hk r `4n 2 rr // � .. �rn.• is r•••.•,: 2 �,y, °3�wr� r s tr �u S, r Received ,� % / *' ii45410 . ; r f , a 0 15 Ili 0 i N — J _ DUBLIN U ' 1 1 12 5922 200. LANE -\--- ZONE SD •) W ZONE SD Z 10 11 (LANE 10 MARSHA z 0 Q ``' Q O 200' /5 6 7 g Cm'.) CC 5 Q 0 ZONE SD O 4 k 10 6 6 7 J KELLY LANE 7-- 1 / , 1 045 9 ZONE SD ti-4. _ Clay of Pssrlsnd,Touts PIILO CARL EARTOU K IR ZONE CHANGE FROM SD SUBURBAN DISTRICT SD TO R-1 ■.I324 AWN SHEET R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT at!JtA.Y, no w';::2013' 1 D. 111uJ.E.& cm ma ChM in D. SIAITH 913-8066 OF1 EXHIBIT ,----. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, 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 I Date g l) 191E No __,______.� Date 19 No Dale 19 n No Date 19 No Date 19ft' t-1 ,-/-1 avi /1,10 Editor 4 11 Subscribe and sworn to before me this �" L day of + 19 q4g . • . • t b1 MONS Nota ir` r,-,-; , kiteuo svir ; Lour A09109,96_ , •.II _ S �ry • 4,4 1 Ig .-fi yy;.. y � .e t7 r ., Y 1. .y: " ..b leµ 1�' it .Q ,lef'—'; • t .+"K ' y. yy` rv•*e#r i i ` n 1p .4 skr , .t �� .� r; '��n , fit + , „y K ~ „r r c5' 1 �r kk q IV Ors+S-S EXHIBIT AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, 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 0 "C 19 l o No Date 19 No Date 19 No Date 19 No Date 19 Editor Subscribe and sworn to before me this Z day of—4.- . 19 0 • 4 Or wvOWPOr . • �TT_ Not 't iff • 00/09/o8 Lau •- - - - - • J ` ti ' 1�a t 3v-r°''' '• , '$ r l .• y1 ; - ' p r, Is yt,. , t "� .4 , -. xtr ;p . J "k. ...., *$k � ,'AA r r R y V, �{ - .9. F . 1,. .. •• n.1J Y gyp, = i % •-� 1 ,.j ,, ,'.` .t�7v - f -''API �� - `u L ii iais� '� t • J J _•::...._ August 26, 1998 Honorable Mayor and Council members City Hall Pearland, TX 77581 RE: Recommendation to the City Council on Zoning Application No. 336, 324, 331 314, and 330 Request of the following owners for an amendment to the Land Use and Urban Development ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: 1 Application 336: F.L. & Arlene Henning 5838 Kelly Drive Pearland, TX S 112 of Lot 13, Blk. 6, Hickory Creek Place subdivision, sect. 7, HT & B RR Co. Survey, A-219, plat records of Brazoria Co., TX Vol. 11, pg. 1 & 2 2. Application 324 Phil Carl Eastburn, Jr. 5922 Marsha Ln. Pearland, TX Lots 5 & 6, Blk. 8, Hickory Creek Place subdivision, sect. 7, HT & B RR Co. Survey, A-219, plat records of Brazoria Co., TX, Vol. 11, pg. 1 3. Application 331. Robert S. Pourchat 6126 Beckey Lane Pearland, TX Lot 7, Blk. 4, Wagon Wheel addition, Sec. 14, HT & B RR Co. Survey, A-509, plat records of Brazoria Co., TX Vol 8, Pg. 79 4 Application 314• Michael D Whittenburg PO Box 859 Friendswood, TX 77549 Lot 5, Blk. 2, Hickory Creek Place subdivision, according to the plat recorded in Vol. 11, pg. 1-2, plat records of Brazoria Co., TX 5 Application 330: Roy Bloch 6207 Beckey Lane Pearland, TX Lots 7 & 8, Blk. 5, Wagon Wheel addition, according to the plat recorded in Vol. 8, Pg. 79, plat records of Brazoria Co., TX Honorable Mayor and Council members: The Planning and Zoning Commission, at a regular meeting held on August 24, 1998, after the Joint Public Hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Emil Beltz and seconded by Commissioner Nghiem Doan to approve Application No. 336, 324, 331, 314, and 330. Motion to approve passed by a vote of 6-0. This is submitted for your consideration. Sincerely, Mard4g1;4' Mary Chairperson Planning and Zoning Commission