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Ord. 509-215 05-11-98ORDINANCE NO. 509-215 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 1.52 ACRES IN A 10 AC. TRACT IN THE SOUTH ¼ OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G. C. SMITH SURVEY, SECTION 16, A-546, BRAZORIA CO., TX. (APPLICATION NO.248) (6009 SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF, GUY SWEET, 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, Guy Sweet, owner, filed on December 5, 1997, 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 27th of April, 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 28th day of April, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Guy Sweet, owner, 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-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 May 11, 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 Guy Sweet, owner, 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-1); such property being more particularly described as: 1.52 acres in a 10 ac. tract in the south ¼ of the northeast 1/4 of the southeast 1/4 of the G. C. Smith Survey, Section 16, A-546, Brazoria Co., TX (6009 Sharondale) 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. 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. 509-215 PASSED, APPROVED, and ADOPTED on First Reading this ,1998. TOM REID MAYOR 11 th day of ATTEST: Y~~~IG ARY of PASSED, APPROVED, May ATTEST: SE RETARY APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY and ADOPTED on Second and Final Reading this l:~th day ,1998. TOM REID MAYOR April 28, 1998 PEARLAND Honorable Mayor and Council Members. City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 248 Request of Guy Sweet, 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: 1.52 acres in a 10 ac. tract in the south 1/2 of the noaheast 1/4 of the southeast 1/4 of the G.C. Smith Survey, sec. 16, A-546, Brazoria Co., TX (6009 Sharondale) Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on April 27, 1998, after the Joint Public Hearing, considered the aboVe-mentioned recommendation to the City Council. A motion was made by Commissioner Jack Mathis and seconded by Commissioner Emil Beltz to approve Application No. 248. Motion to approve passed 4 to O. This is submitted for your consideration. Sincerely, Tommy Scott, Vice-Chairman Planning & Zoning Commission 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us __ Change in Zoning Classification from: .5 D to: g [ __ Change in Regulations in Section #: ,A// __ Specific Use for: * ,,/,4 Property address: Lot:C'~(~ Block: /V//~ Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) ~ &C- _,A/ 7"7//; c I/crZ Tax I.V. number: Proposed use of land within requested designation: Record owner's name: Owner's mailing address: Owner's telephone number: 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. Owncr's signature Agent's signature: tA/, ~ I':ees paid: $ .-~-~ _...D_a..!.e_.p_a_Ld_:' ......Z..._~l y/z?. '7 [ ........................:-; ......-. .....: ...................... . , .:. ',. i ,,,,,:::,._,,~,,.!.,!'.. ~ J4,~½~..~c .~ ~/.... ............A..~!~!~.~_~.,_.,....o.,_L,_,..._.~_L_'...=!~.....q..~.':.__..,...=......: ................~! ZONE SD ~ TERRELL DRIVE 200' ZONE SD (TYP.) ZONE SD - OOg SHARONDALE RA\ V EN\J\J O O D ZONE SD SHARONDALE ZONE Si L E,.$'FATES SUBD, SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT City of Pearland, Texas ZONE CHANGE FROM 8D TO R-1 Chkd eyeD. SMITH 97-108t OF 1 AFFIDAVIT OF PUBLICATION TIle Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Curnmings, hereby certify that tile notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper oi: general circulation in Brazoria and Harris Counties, l'or _ ./ ............... issues, as lollows: No. // Date No. Date No. Date No. Date No. _ .................Date 19 19 19 19 Editor Subscribe and sworn to before me this day o~--~, f' Laura Ann Emmons, Publisher IjC HEAltlNC~.Or.-THE C.ffY" OOUNClL AND' ..~E.'~PI~N- NING A~D zONiNG MIGSlON OF THE CITY OF PEAFIL~.ND, TEXAS. i:the 27th~ ClaY~bf Ap~I~'iI~98, :~t i 6:30 p.m.: the City Cou~il I and the Planning and ZQni.rig Commission of thb CHY cl~ i Peadand~ ',:';Urban :Ordinani ~8kl ~City fron3 . ':Clilsifi~ ;' ' ...... '- :,. :. .... f/4 of thi ' G.C. S~ 546, BmJ Sha'~h~ ., · .. ,;,:.;:.: ..... pa 'i '~i "" a d" ...... i~d ;i';' .,'. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77.581 State of Texas Brazoria and Harris Counties 1, Joan Curnrnings, hereby certify tt'~at the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper oi: general circulation in Brazoria and Harris Counties, for . .... _//__ ........ issues, as lollows: Subscribe and sworn to before me this ~9@ day Laura ~"'~nTlr|oT,~; r'u'~~ MISSION OF THE CITY OF PEARLAND, TEXAS the 27th day of ~dl 198, =at. 6:30 p;m, th~ Cit~ ( lcil'' andthe Planning m ~oning Comrnlssion of the Ly.of.: Pearland; Braz'oria md Harris Counties T~xas,~ ill conduct a Join.tLPubliC'H! ~ring. in the Tekas: on the~uest of Guy ' Sweet, oWnel~!~.for an amend- merlit,o~th~d'Useand :: on the .fg!k rng deScribed. ,"j.52 acre,; ~ a'lOac:tra~ in southe2 of tl~-d ......... ..., .:...~;~:......¥....~. .... . .~ .,:; ..~,:;,:': .~.~ ..