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Ord. 509-214 07-13-98ORDINANCE NO. 509-214 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 LOT 1, BLOCK 7 OF WEST LEA SUBDIVISION, SECTION 2 IN THE H.T. & B. R.R. CO. SURVEY, AS RECORDED IN A CORRECTED MAP, VOLUME 11, PAGE 69, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, (APPLICATION NO. 284) (3402 SKYLARK WAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF LEONARD H. AND KATHLEEN MAARTENS, 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, Leonard H. and Kathleen Maartens, owners, filed on February 25, 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 29th day of June, 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 29th day of June, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Leonard H. and Kathleen Maartens, 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 13, 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 Leonard H. and Kathleen Maartens, 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: Lot 1, block 7 of West Lea subdivision, Section 2 in the H.T. & B. R.R. Co. Survey, as recorded in a corrected map, Volume 11, page 69, Plat Records of Brazoria County, Texas (3402 Skylark Way) 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. 509-214 PASSED, APPROVED, and ADOPTED on First Reading this July ,1998. 13th day of MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of July ,1998. ATTEST: TO~.iD~i"~ MAYOR APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY Change in Regulations in Section #: Specific Use for: * ...... ."'.--: Property address: t,ot: Imo k: 7 Metes & Bounds Description: (unplatted property only; attach survey) Subdivision: Tax I.D. num~r: Proposed use of land witkin requestexl designation: 2 Record owncr's name: L_.e. or~P-~ t4, Iflq~,~g.,'T~:=~toc~ poor Owner's telephone number: C:~ ~ J .. t.~ ~ q .. Oq[?-- ...... . ........ ~, ........**~ - · ' t'- le --'-- ' ' - - - --' , ,,":~' 7,_ _: _~.; ,'L"_'7,' 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 ~e laws of the State of Texas and Ordinances of tt~e City of Pearland. *On a Specific Use Pernil( request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incoull}atible with current and future uses on properties in ~ny vicinity. . .......... - I ZONE SD 5 ZONE SD ~ _ / 1 14- _ WEST LEA 200' ,.~/~~'~ 7 8 ' Cn'P.) /~. 3402 SKYLA ~ ~ " WAY lo 5 .> Z < 4 <[Z ZONE SD MOCKINGBIRD ZONE SD ,GxL 14 © SD R-t SUBURBAN DISTRICT LOW DENSITY SINGLE FAMILY DWELLING DISTRICT ZONE CHA!tiE FROM 8D TO R-1 AFF, NkQJ4.leele SHEET Dee IVlARCH, 1998 HORZ:I'-200' VERT :1'-- 1 O~m IFJ,F_B, eAg RLE: eelel IF, D. SMIIH 9B-BO27 OF 1 AFFIDAVIT OF PUBLICATION 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 Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. t/' Date No. Date No. Date No. Date No. Date 19 19 19 19 Subscribe and sworn to before me this / day of~!,~ 19 ~ AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Joan Cummings, hereby certify that the notice hereby appended was published circulation in Brazoria i 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 ~ I day of C~ ~:.'~:~ LAURA A. EMMON$" Notary Pul~ ' "" ,T,W~A~o~n~x~s; MY C0MM~SS.~N ..... ,!.~. ,!,!,,~.~, ,# A~',,~..J'~::.' ,~ =' _"_' ~. · '~rdinaq'de;of.eai'dCity :from ;~*, ~: · lassificaiion Suburban:, ". :' Family'Dwelling Distriot'(R-1.).' oh 'the followiOg deScrii~e~ ' ".' pmpe~, 'io v~it!.' : :.!.'" : .';', '=:,.. L0t'--f~ Block 7,.*'of.WestiLea t ec~' .tan/:"-'..' ;,~:~.~ -:?. . July 2, 1998 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 284' Request of Leonard H. & Kathleen Maartens, 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: Lot 1, Blk. 7, West Lea subdivision, see. 2, HT & B RR Co. Survey, Vol. 11, pg. 9, of a corrected map in the plat records of Brazoria Co., TX (3402 Skylark Way) Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint Public Hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Mathis and seconded by Commissioner Beltz to approve Application No. 284. Motion to approve passed 4 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairperson Planning & Zoning Commission