Loading...
Ord. 509-587 06-10-02ORDINANCE NO. 509-587 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 2 & 3, BLOCK 1, BETHEL SUBDIVISION, SECTION 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 19, PAGES 223-224, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1036) (8033 HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF RONALDAND LORNASWEET, 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, Ronald and Lorna Sweet, Owner, filed on April 4, 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 13th of May, 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 14th day of May, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendmentapplication by, Ronald and Lorna Sweet, Owner, whereby the 1 ORDINANCE NO. 509-587 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 concurred with the recommendation of the Planning and Zoning Commission, at a regular meeting on May 20, 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 Ronald and Lorna Sweet, 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) is hereby for all purposes changed and reclassified as Estate Lot single Family Dwelling District (RE); such property being more particularly described as: Lots 2 & 3, Block 1, Bethel Subdivision, Section 1, according to the plat thereof recorded in Volume 19, pages 223-224, plat records of Brazoria County, Texas (8033 Hughes Ranch Road) 2 ORDINANCE NO. 509-587 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 ORDINANCE NO. 509-587 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. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 20 day of May , 2002. TOM REID MAYOR ATTEST: YNG SE uT' ETARY ORDINANCE NO. 509-587 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10 day of JUNE , 2002. ATTEST: UNG Y SE%'ETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 akkl TOM REID MAYOR "2„, CITY OF PEARLAND ZONE CHANGE APPLICATION revised 10/20/01 • VChange in Zoning Classification from: t Change in Regulations in Section #: Specific Use for: * Property address: 'SO33 Hu f -iILS j ,Jcrt Lot: 2 4-- 3 Block: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Subdivision: • L Current use of land: Proposed use of land: How\ IC Record owner's name: leOnMt 0 4 JAitet rim Owner's mailing address: jjc+4 S- _ 1 \-?`"?0 Owner's telephone number: -, 13 - Agent's name: Agent's mailing address: Agent's telephone number: ? 13 --(0 3-2 7 0Y 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: Fees paid: $ L o Received by: ` Agent's signature: Date paid: L t� Application number. " I 0 Zone Change Application No. 1036 Ronald & Lorna Sweet 8033 Hughes Ranch Road (SD -RE) N W E s 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 20.0 No. Date - 20 No Date 20 . No Date 20 No. Date 20 Subscribe and sworn to before me this day of 6?-x-c:1 20 02� 1111-N.111-1�N\1L,,,NtiT1"N.- z :•:._, ti.N U R ' k �W ;;s Notary Public, State . xa r :„E:5 Commission Expires 9-9-02 1 nn Emmons, Publisher Public, State cif Texas Application No. 1036 Published April 24 & May 1, 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 13th day of May, 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 Ronald and Loma Sweet,' 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 proper- ty, to wit: Lots 2 & 3, Block 1, Bethel Subdivision, Section-' 1, according to the plat thereof Brazoria Co , TX d Hughes Ranch Road) At said hearing all interested parties shall have the right ld oppoiiunity to appear heard on the subject. APPLICATION NO. 1036 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 state of Texas razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general irculation in Brazoria, Harris & Galveston Counties, for 7 issues, eslollows: No. / . Date S: /- - 20 6=2, . No. Date , 20 No. Date - 20 No. Date 20 No. Date 20 4g?-0/".,... President jbscribe and sworn to before me this .22 day o )0,1 • ctary LAURA A . I:, • 1) Laura Ann Emmons, Publisher E "1"1un eS 9-9-°2 (6.9 Notary Public, State of Texas • Public Hearing - Application No. 1036 Published April 24 & May 1, 2002 NOTICE OF A JOINT PUBUC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby, given that on the 13th day of May, 2002, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City;' of Readand, Brazoria, Harris and Fort Bend Counties, Texas, will :con- duct a' jo itt pibb heeling in the. Cound l Chambers of City Hall, 3519 Liberty Drive, Peariand, Texas, on the request • of Ronald and Lorna Sweet, 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 proper- ty, to wit: Lots 2 & 3, Block 1, Bethel Subdivision, Section 1, according to the plat thereof recorded in Volume 19, pgs. 22324, plat records of Bratoda. Co., ,TX 18033; MVO Ranch Road) At said hearing all unterested parties shall have the right and =opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps- ( : Development Coordinator APPUCATION NO. 1036 May 14, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1036 Request of Ronald and Lorna Sweet, owners 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: Lots 2 & 3, Block 1, Bethel Subdivision, Section 1, according to the plat thereof recorded in Volume 19, pgs 223-224, plat records of Brazoria Co., TX (8033 Hughes Ranch Road) Honorable Mayor and Council Members: At a regular meeting held on May 13, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Todd Iocco made a motion to forward Zoning Application No. 1036 to City Council for approval. Commissioner Robert Scherrer seconded the motion. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, H. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg Page 1 of 1