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Ord. 509-636 02-24-03ORDINANCE NO. 509-636 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 1 THROUGH 7, BLOCK B, OLD PEARLAND TOWNSITE, ABSTRACT 232, BRAZORIA COUNTY, TEXAS (2107 WASHINGTON AVENUE)(APPLICATION NO. 1081) FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) TO SINGLE FAMILY DISTRICT (R-4) AT THE REQUEST OF DON LONG, AGENT FOR TERRY GRAY, 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, Don Long, Agent for Terry Gray, Owner, filed on December 13, 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 20'h of January, 2003, 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 28th day of January, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Don Long, Agent for Terry Gray, Owner, whereby 1 ORDINANCE NO. 509-636 the Commission recommended to approved a change of classification for the property described in Exhibit "A" from its existing classification of Neighborhood Service District (NS) to Single Family Dwelling District (R-4) and; WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and the recommendation of the Planning and Zoning Commission, at a regular meeting on February 10, 2003, 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 Don Long, Agent for Terry Gray, 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 Neighborhood Service District (NS) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-4); such property being more particularly described as: Lots 1 through 7, Block B, Old Pearland Townsite, Abstract 232, Brazoria County, Texas (2107 Washington Avenue) 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 2 ORDINANCE NO. 509-636 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. 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. 509-636 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 10th day of February , 2003. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of February , 2003. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 TOM REID MAYOR APPLICATION FOR A CHANGE IN ZONING Please check one: Q--Change in Zoning Classification from: pJ S to: (list current zoning) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us (list proposed zoning) (1 Specific Use Permit Request for : (list proposed use) Property Information: Address: /d 7 Wf13' (ia6--re Subdivision: {'-,42Lit-A3(1 /oOJi»! / Lot: /— Tax I.D. Number: 1 dd`- ©55-C b©o Block: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): Proposed use of property:(Z) ! 5-6 59 r=-1 T 1%16rl-te5 PROPERTY OWNER INFORMATION: c/ NAME �'� / ADDRESS P O B O )c 5 �7 CITY / AA-,4 STATE 72C ZIP 77 5 8 t3 APPLICANT/AGENT INFORMATION: NAME ?7Z».J w ADDRESS o2j / o STATE 7-4 ZIP -2-75-)7 CITY ?PAyti-49 PHONE( 4,6i() SL8 S £% ) YeS so / FAX( 1 7) ) 9 3 G to ezi 6 /.2CI z. E-MAIL ADDRESS pea-4' Ictivi oLe/Yi' E-MAIL ADDRESS D-52 C /h ' ram. • /fFe, e yoab ° C- e,„ 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 checke• • n. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: Date: /(3/5-z acti PHONE('J/ FAX(P-)7/ ) Date: /.77/ ilo OFFICE USE ONLY: FEES PAID: DATE PAID: t t RECEIVED BY: 1I� 1D '0 APPLICATION NO. VI 0 200 I 400 Feet Zone Change Application No. 1081 Terry Gray/Don Long 2107 Washington Avenue (NS - R-4) W Orange ST W+E January 28, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1081 Request of Dong Long, agent for Terry Gray, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Single Family Dwelling District (R-4), on the following described property, to wit: Lots 1 through 7, Block B, Old Pearland Townsite, Abstract 232, Brazoria County, Texas (2107 Washington Avenue) Honorable Mayor and Council Members: At a regular meeting held on January 20, 2003 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. 1081 to City Council for denial with a second made by Chairman Todd Iocco. Motion to deny failed 4 to 2. Voting Record: "Aye" - Sheryl Greiner, Don Sederdahl, Ruby Sandars, Todd Iocco "No" - Ray Bacon, Russ Selemon Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1081 to City Council for approval with a second by Don Sederdahl. Motion to approve passed 4 to 2. Voting Record: "Aye" - Sheryl Greiner, Don Sederdahl, Ruby Sandars, Todd Iocco "No" — Ray Bacon, Russ Selemon This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1 cc: Terry Gray P.O. Box 597 Pearland, Texas 77588 Don Long 2310 Lynn Pearland, Texas 77581 Page 2 of 1 AFFIDAVIT OF PUBLICATION! The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties Sandy Emmons, hereby certify that the notice hereby appended was published 3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ;ulation in Brazoria, Harris & Galveston Counties, for / issues;. as follows: No. / Date 20 a3 No. Date 20 No. Date 20 No. Date 20 No. Date 20 scribe and sworn to before me this a LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Public Hearing - Application No. 1081 Published 01/01 & 08/03 President day of 1` Laura Ann Emmons, Publisher Notary Public, State of Texas Published Jan. 1 & 8, 201 NOTICE OF A AOINT PUBLIC HEARING OF THE CITY COUNCIL AND TIIE PLANNING AND ZONING COMMISSION OF THE CITTY OF PEARLAND, TEXAS Notice is hereby given that on the 20th day of January, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, :Brazi, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, -on the request of Don Long, agent for Terry Gray, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Neighborhood Service District (NS) to Single Family Dwelling District (R-4) on the following described property, to wit: Lots 1 through 7 Block B, Old Pea Land , Townsite, Abstract 232, Brazoria County, Texas (2107 Washington Avenue) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. IaI Mona Ann Phipps. Development Coordinator APP CATION NO. 1081 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 _° 3 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this `t 20 0 3 LAURA ANN EMMONS Notary Pubtic, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Application No. 1081 Published 01/01 & 08/03 Published Jan. 1 & 8, 2003 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 20th day of January, 2003, 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 conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Don Long, agent for Terry Gray, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Neighborhood Service District (NS) to Single Family Dwelling District (R-4) on the following described property, to wit: Lots 1 through 7, Block B, Old Pearland Townsite, Abstract 232, Brazoria County, Texas (2107 Washington Avenue) parties shall have . the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1081