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Ord. 509-191 04-13-98ORDINANCE NO. 509-191 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 TRACT 16 IN THE SANDOVAL SUBDIVISION LOCATED IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, H.T. & B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TX (2743 MORENCI). (APPLICATION NO. 231) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF MR. AND MRS. VICTOR LOYA, JR., 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, Mr. and Mrs. Victor Loya, Jr., owner, filed on August 8, 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 9th day of March, 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 10th day of March, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Mr. and Mrs. Victor Loya, Jr., owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit 1 "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 March 23, 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 Mr. and Mrs. Victor Loya, Jr., 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-l); such property being more particularly described as: Tract 16 in the Sandoval Subdivision located in the west 1/2 of the northwest of the northeast 1/4 of Section 15, H.T. & B. R.R. Co. Survey, A-241, Brazoria County, TX (2743 Morenci). 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. 509-191 PASSED, APPROVED, and ADOPTED on First Reading this 23rd day of Narch ,1998. TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day of Apri 1 ,1998. ATFEST: TOM REID MAYOR APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY -__ Change in Zoning Classification from: -~. Change in RegularloB in Section -~. S~cific Use for: Property address: cx~ 7ff3 if?C) F~/7 ~/' Metes & Bounds Description: (unptatted property-only; attach survey) I/ Tax I.D. number: /-//q Proposed use of land within requested designation: Record owner's name: Owner's mailing address: Owner's telephone number: ,~.dg. ,,/ZoX/ 7c? 7 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 Pern~il requesl Io allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may ~ incompalible with current and future uses on pro~rties in my vicinity. ~ ~ Agenl's signature: 9 [tgW ....................................................................... ZONE GB BROADWAY STREET 5 2A ZONE C 2743 MORENCI STREET ZONE SD 10 IOA ~ ZONE SD 11' 11A GB R-1 SD C GENERAL BUSINESS DISTRICT LOW DENSITY SINGLE FAMILY SUBURBAN DISTRICT COMMERCIAL DISTRICT d ZONE SD Z CD 2 2C-1 200' (TYP.) DWELLING DISTRICT ZONE SD City of Parland, Texas VICTOR LOYA, JR. ZONE CHANGE FROM SD TO R-1 bode:SEpT., 1997 HORZ:I"= 200' 1 Dwn By;J.EB CAD FILE: Chkd By; C.R. LONG 97--1063 OF 1 Lou~s E, Len[z ~ 11_43/21__4 _ ~e30 20.0 32 12-280 10. 0 × :~ >- Francis - Powe I I o ~' _n ,h- 10o0 730/227 Sawyer ""~;.~. Weir" 21 l!,~].__..[I.i 44 1304/33) ~r?e' J.F. Hegwood ' E.P. Crow Jr 45 438/573 10.0 I' NaTion IBill E. Holtey 9_:5 I 46 1717483 10.0 [ i I 281 2A 1~. BROADW~IY ,, 13.00 Ed. R- 9 IO o ---/~ e State Savings Sprad~ey '~. ~ n~ ~ ' and LOan,Lubboc B-IO3 1286/3 ~ .c: . -- . -- (3 .~. c; 67-537 54 92 3 ~ co · 30 .~ ' ' Pearland ISD 'A' 241 "' I Laura Massey. L~ ~- 708/108 ' ~ 772/74 ~ 54.0 : x I I- I John R. ,Massey 708/109 - 160.0 ' ...... ' / '4'~ >~ Mamh 10, 1998 PEARLAND Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 231 Request of Mr. and Mrs. Victor Loya, Jr., owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family Residential (R-l) on the following described property, to wit: Tract 16 in the Sandoval Subdivision located in the west ~ of the northwest M of the northeast ~ of Section 15, H.T. & B. R.R. Co. Survey, A-241, Brazoria County, TX (2743 Morenci). Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on Mamh 9, 1998, after the joint public hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Vice Chair Emil Beltz, and seconded by Commissioner Mary Starr to approve Application No. 231. Motion to approve passed 5 to 0. This is submitted for your consideration. Pat Lopez, Chja~~n Planning & Zoning Commission 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us 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 / No. / Date No. Date No. Date No. Date No. Date issues, as follows: 19 19 19 19 ~-~r~Editor~t-n Subscribe and sworn to before me this ~ day of"~~ 19 . ,:i ~ "~"""-'~" 09/09198 Laura Ann E"~,~-~ ~-~LiCHEABING:QFTHE,ClTY := ING'~NbZQNIN~'~COM'i, otice ~he~eby~iven~thit ~e ~' dayofMgmh~-~98; :30 p.m, the ~{~ C~U.il ~..~nd the Planning and Zoning Commission of the City of "Pearland, Brazoria and Harris ~ Counties, Texas, will conduct :- 8 Joint Public Headng in the ::~3519 Libe~ Drive, Peadan0, ~f0r an ,megdment to the Land ~Use3and :~an' ge~ei6pment ; DevelOpm~t (S~).to Single ~ Fa~ly=~idential (Rd) on ~the ~l~q~i~Q'de~crib~'pmp' :.~ e~, to wit:" :~.~., . ~ Tra~ 16 ~n..the Sandoval ~ Subdiv~io~ to~t~ ~:,. ':. :. we~t 112 ¢~f.the~st.,~l~' '.~ A-~4.~, S.Zo.a"~.~;~'~ .. . , ~. ,~., : :':. ..::, ,--:- 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. / Date ,,2~ ,2,..C" 19 '~ ~ N o. Date 19 No. D.te 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 Laura Ann Emmons, Publisher ' COUNCIL AND TIlE:pLAN, ' lING AND ZONING COM- MISSION OF THE CITY OF .'. ' . pEARLAND, TEXA~.: ' ' ' kNotice is hereby 'given 'fflEt On' . ~e~ffl.~y.ot.~rch,~,Et::' :' '-'' '~ a ;JOi.nt'Public Hearing in the . ] OO~'dI. Ch~'mbers, City "'.. ~l.~'Libe~Odve,'Pea|lind~ "' . 'i'e~s, i}n the requl~t of Mr.' }Mr~iVi~3to~:l,oys Jf~,owner;' ..:; ,:tofei~Emendmentto ffle'L8' ':. · .; ':' ..i"~Zn, ufoa, oeVei~rnent ~h:lini~nce ot sad City Iron......j,~: :'. ',~ lassific. ation Stlt~le.. i~evelopment (Si)} tc~.S~l~le. ;.: ~ . ,Family Residential ~R~l) o1~: :!e~, to .it: ':'.: ."~. ,?. ....i ~: ;.' ~, --. -.: ~=:;:.;:!, .:.: .: .~: west 112 ~ ot the non'heast~.'~.'~ ~'!' A-241,BrazoM.~ ~''' (2743 Morenci) '. .. : !... . partiesshallhav;l~,~.~";.!~?~.:i.'.' · ..,}.~. ...'' ~ .~;~:.~. ....:'! !:';:,,~::....