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Ord. 509-613 10-14-02ORDINANCE NO. 509-613 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 BLOCK 1, LOT 76, SOMERSETSHIRE ESTATES A-304 H.T.& B.R.R. (9622 CAMELOTS COURT) (APPLICATION NO.1063) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF SANTOS CRUZ, 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, Santos Cruz, Owner, filed on August 7, 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 9`h of September, 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 10`h day of September, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Santos Cruz, Owner, whereby the Commission recommended to approved a change of classification for the property 1 ORDINANCE NO. 509-613 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 September 23, 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 Santos Cruz, 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) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1); such property being more particularly described as: Block 1, Lot 76 Somersetshire Estates A-304 H.T.& B.R.R. (9622 Camelots Court) 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. 509-613 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. 509-613 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, September ATTEST: APPROVED, and ADOPTED on First Reading this 23 day of , 2002. TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14 day of October , 2002. ATTEST: Y ETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING PIe e check one: i IIJ Change in Zoning Classification from: S to: l \ I (list proposed zoning) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us ❑ Specific Use Permit Request for : (list current zoning) Cat V1O< (list proposed u ) 1 Property Information: l pR�T� nq 1 )6'Address: `L`Z C vv1 R `OTS \ "� S % Subdivision: Lot: lc, Block: . Tax I.D. Number;X 77K ?—/76 —09p ** For unplatted property, attach a copy of the metes and bounds description** Current use of property /1 V (type of structures on property): ! r L v `-a tM Proposed use of property: PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME Sek vttl 5 C t UZ. NAME ADDRESS % 6 2- a. Coolit E 16ts ct. ADDRESS CITY G`^cX- STATE 72( ZIP i7 S$y CITY STATE ZIP PHONE 3 ) Ill 2 3 G 7 PHONE( ) FAX( ) FAX( ) E-MAIL ADDRESS E-MAIL ADDRESS 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: A 2 _ Date:X Agent's Signature: Date: OFFICE USE ONLY: (75 DATE PAID: 8/'7/oa. FEES PAID: (� ` RECEIVED BY: �� APPLICATION NO. I 0 [ 3 . nansmismaill MUM iiii • 1 g.0 .ii 0 200 400 Feet 11111 Zone Change Application No. 1063 Santos Cruz 9622 Camelots Court (SD - R1) W+E 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,las follows: No. l Date 8-2( 20 67 No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 0i- LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 rayG /g/flrf President -�-Z day of (ietipcX---- Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Application No 1063 Published 8/21 &28/02 Published Aug. 21 & Aug. 28, 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNIN FAND ZONWO COMMISSION OF THE CRY OF PEARLAND, TEXAS wit Block 1, Lot 76, Somersetshire Estates A- 304 HT&BRR (9622 Camelots Court) At said hearing all interested parses shall have Ste right and opponunhy to appear and be heard on the subject. /s/ Mona Ann Phipps Development Coominabar APPLICATION NO. 1063 Nodoe Is hereby given that on the 9th day of September,; 2002; at 6:30 P.m., fire City 'Canal and Planting. -and Zoning Comulasieri of the City Of Peadand,- Brazoda, Hartle and Fart Bend Counties, Texas, w8 coNdod. a jakd public hearing M the Counci Chambers of %'tlad, 3519 Liberty Drive, Peadand, Texas, on the request of Santos -Cruz, owner, for an ametidmenr to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family . Dwelling DisMO (R-1) on the blow. in9 desatbed. property, to 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 8'28 20 02 No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 02-- 21 • : • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • • : ' f7/t if(/ President f day oatl- Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Application No. 1063 Published 8/21&28/02 Published Aug. 21 8 Aug. 28, 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CRY COUNCIL AND THE PLANNING AND ZONING CORROSION OF THE CRY OF PEARLAND, TEXAS Notice is hereby given that on the 9th _ day of September, 2002, at 8:30 p.m., the City Council and Planning and Zoning Commission of the City of Peadand, Banda, Hartle and Fort Bend Counties, Texas, will conduct a joint public hearing in the Cowl Chambers of City Hal, 3519 Liberty Drive, Pearland, Texas, on the request of Santos Cruz, owner, for an amendment to the Land Use and Urban Development Ordinance ofsaidCity from Classification Suburban Development District (SO) to Single Family Dwelling District (R-1) on the follow- ing described properly, to Block 1, Lot 76, Somersetshire Estates A- 304 HT&BRR (9622 Camelots Court) At said hearing all interceded parties shall have the right and opportunity to appear and be heard on the subject. Is/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1063 September 10, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1063 Request of Santos Cruz, owners for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: Block 1, Lot 76, Somersetshire Estates A-304 H.T.& B.R.R. (9622 Camelots Court) Honorable Mayor and Council Members: At a regular meeting held on September 9, 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. 1063 to City Council for approval with a second made by Commissioner Sheryl Greiner. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Santoz Cruz, 9622 Camelots Court, Pearland, TX 77584 Page 1 of 1