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Ord. 509-642 03-24-03ORDINANCE NO. 509-642 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 2.50 ACRES OF LAND BEING A PART OF THE SOUTH 1/2 OF LOT 35 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19. H.T.&B.R.R. COMPANY SURVEY, ABSTRACT NO. 243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1087) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF CINDY PETRASH, 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, Cindy Petrash, Owner, filed on January 18, 2003, 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 17th of February, 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 18th day of February, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Cindy Petrash, Owner, whereby the 1 ORDINANCE NO. 509-642 Commission recommended to 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 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 March 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 Cindy Petrash, 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 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: 2.50 acres of land being a part of the South 1/2 of Lot 35 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19. H.T. & B.R.R. Company Survey, Abstract No. 243, Brazoria County, Texas 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 2 ORDINANCE NO. 509-642 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. 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. 509-642 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this loth day of March , 2003. ATTEST: Y S 'CRETA PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of March , 2003. TOM REID MAYOR T• REID ATTEST: / MAYOR YNG 14G,/`R . C Y SRETAR APPROVED AS TO FORM: it, 04, DARRIN M. COKER CITY ATTORNEY 4 APPLICATION FOR A CHANGE IN ZONING Please'check one: R t Change in Zoning Classification from: SD (list current zoning) to: 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) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: C664 A-DA o t-OIA.D. Subdivision: Lot: Block: Tax I.D. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): f o'' Proposed use of property: PROPERTY OWNER INFORMATION: NAME CIN®`? TET(2-PestA ADDRESS 2102- E. LuxLoJt.i...1c0D pp's CITY WRt1--lA-ND STATE T1( ZIP ?-)S I PHONE( `2' I ) LRS - 62al FAX( ) E-MAIL ADDRESS APPLICANT/AGENT INFORMATION: NAME CIi tca`'N ADDRESS 2102 E.LllJtu64r0 OAS CITY 1 efkitND STATE 'TX ZIP `7' ge PHONE( 2 ( ) 610 FAX( ) 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: Date: (—(f 3 , Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: 175 RECEIVED BY: APPLICATION NO. 10 DATE PAID: 0/ /8-©M February 18, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1087 Request of Cindy Petrash, owner for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following described property, to wit: A 2.50 acres of land being a part of the South %2 of Lot 35 of the Allison Richey Gulf Coast Home Company Subdivision of Section 19, H. T. & B. RR. Co. survey, Abstract No. 243, Brazoria Co., TX Honorable Mayor and Council Members: At a regular meeting held on February 17, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1087 to City Council for approval with a second made by Commissioner Ruby Sandars. Motion to approve passed 7 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Cindy Petrash 2102 E. Linwood Oaks Pearland, Texas 77581 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 newspaperof general circulation in Brazoria, Harris & Galveston Counties, for / issues, -"as follows: No. Date / - Z q 20 0 3 No. Date 20 No. Date . '20 No. Date 20 No. Date 20 ‘r(t President Subscribe and sworn to before me this 20 3 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public. State of Texas Public Hearing - Application No. 1087 Published 01/29/03 & 02/05/03 Published Jan. 29 & Feb. 5, 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 17th day of Feb 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 Cindy Petrash, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban `' Development District (SO) to Single Family Dwelling District (R-1) on the following Being Tract III, Lot 10, Seddon Acres, out of the S 1/2 of Lot 51, and being Tract IV, 2.50 acres, being the S 1/2 of Lot 35, both of the Allison Richey Gulf Coast Home Co. Subdivision, Sect 19, H.T & B. R.R. Co. survey, Brazoria Co., TX (Adamo Road) 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 APPUCATION NO. 1087 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas -77581 ate of Texas azoria and Harris Counties dandy Emmons, hereby cdrtify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria, Harris & Galveston Counties, for / issues; as follows: No. % Date 20 62 No. Date 20 No. Date 20 No. Date 20 No. Date 20 scribe and sworn to before me this ,2,O3 Z gd 'WI, - LAURA ANN EMMONS Notary public, State of Texas Commission Expires 09-09-2006 President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Application No. 1087 Published 01/29/03 & 02/05/03 Published Jan. 29 & Feb. 5, 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 17th day of February, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of. Pearland, Brazoria, Hartis 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 Cindy Petrash, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family DwellingDistrict (R-1) on the following Being Tract III, Lot 10, Seddon Acres, out of the S 1/2 of Lot 51, and being Tract IV, 2.50 acres, being the S 1/2 of Lot 35, both of the Allison Richey Gulf Coast Home Co. Subdivision, Sect 19, H.T & B. R.R. Co. survey, Brazoria Co, : TX (Adamo Road) At said; hearing all interested parties shall have the right an,: opportunity to appear ;be heard on the subject. /s/ Mona Ann Phipps Development Coordinator AP " , t467