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Ord. 509-221 08-10-98ORDINANCE NO. 509-221 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 BEING 1.451 ACRE PARCEL OUT OF THE S. 1/2 OF LOT 8, ALLISON-RICHEY GULF COAST HOME CO. SURVEY, SUBURBAN GARDEN SUBDIVISION ACCORDING TO THE DEED RECORDS, BRAZORIA COUNTY, TEXAS'(1207 STERLING DRIVE) (APPLICATION NO. 301) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF STEVEN E. AND ELAINE WELCOME, OWNERS, 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, Steven E. and Elaine Welcome, owners, filed on April 9, 1998, 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 application for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 13th day of July, 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 13th day of July, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Steven E. and Elaine Welcome, 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 District (R-l); 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 July 27, 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 Steven E. and Elaine Welcome, 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: 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) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-l); such property being more particularly described as: Being 1.451 acre parcel out of the S. 1/2 of Lot 8, Allison-Richey Gulf Coast Home Co. Survey, Suburban Garden subdivision according to the deed records, Brazoria County, Texas (1207 Sterling Drive) 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 2 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 hereinabove described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. ORDINANCE NO. 509-221 PASSED, APPROVED, and ADOPTED on First Reading this day of ,1998. TOM REID MAYOR ATTEST: of PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~ L~ 5 "F , 1998. ~ TOM REID MAYOR ATTEST: ~%G ETA~) j O'tl;" day APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY __ Change in Zonu~g (..la~.~ificatii',n Ir.,,m' EXHIBIT Change in Regulations in Section//: Specific Use for: * Property address: Metes & Bounds Description: (unplatted property offiy; attach survey) Proposed use of land within requested designation: ~G Record owner's name: ~TEP/4~D Owner's mailing address: ! · ~rEfl. I, 1 X,, d D,'~ I VE lP~',o,e t.A,vP ,, TX 775edF 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. R. ,','~'.,',1 !'x ' /f K ""'/I f]"': /' Al';[:iicalio.'~ .-m. ir.-bcf:) U g N CITY LIMIT LINE 200' __~ (TYP.) 200' ' (TYP .) ZONE SD 1.451 ACRES 1207 STERLING DRIVE C.R. 403 ZONE SD © Z ZONE SD i,i L CRYSTAL 19 Ld V_____ .< ....J d 25 U3 >-- rY r,~ LAKE 15 CI SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT I ZONE CI-IAN61E FROM 81) TOR.-1 NeARIlL, 1lib HORZ;I"--200' mm mI, J.E.B. ~ RUb 1 OF I AFFIDAVIT OF PUBLICATION ~ E~IBIT ] 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 Drazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for I __ issues, as follows: No. Date 19 No. Date 19 ,. No. Date 19 No. Date 19 Editor Subscribe and sworn to before me this 19 day of "~~ Laura Ann Emmons, Publisher .,, NING AND ZONING COM- ' ;i~'a~::4bl "acl;e~a~el out ;,. MISSION OFTHE CITY OF .;~. PEARLAND, TEXAS r the S. 1/2 of Lot 8 of the .~. ..;.,. . Illson Richey Gulf Coast'' &the ~thday'ofJbly 1'.998 at ." ~6:30 p.m,., the Ci~ ~ounci; ' g td;~'~ ~ m~'.~, .' ;mm~ssion of t~e .City of . ! ~.. g. ~ ). ~:~:'.~:::~'.'::~;-~.~ .: : '~: · . '... :i ;" ... .... ' .. ':'~' '~j~ea ~t.~ '~h~ ~ u~e ,,, July 1 S, 1998 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 301 Request of Steven E. & Elaine Welcome, owner, 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-l) on the following described property, to wit: Being 1.451 ac. parcel out of the S. 1/2 of Lot 8, Allison-Richey Gulf Coast Home Co. Survey, Suburban Gardens subdivision according to the deed records, Brazoria Co., TX (1207) Sterling Drive Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on July 13, 1998, after the Joint Public Hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Scott and seconded by Commissioner Mathis to approve Application No. 301. Motion to approve passed 4 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairperson Planning & Zoning Commission