Loading...
Ord. 509-187-03-23-98ORDINANCE NO. 509-187 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 AN 84.00 ACRE TRACT LOCATED IN THE H.T. & B.R.R. CO. SURVEY, A-309 AND BEING OUT OF A CALLED 160 ACRE TRACT DESCRIBED IN VOL. 1144, PG. 590, BRAZORIA COUNTY DEED RECORDS (APPLICATION NO. 275) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF PATRICIA D. KNUDSON & ASSOCIATES, AGENT FOR BEAZER HOMES TEXAS, 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, Patricia D. Knudson & Associates, Agent for Beazer Homes Texas, owner, filed on January 27, 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 23rd day of February, 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 24th day of February, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Patricia D. Knudson & Associates, Agent for Beazer Homes Texas, 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-3); 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 9, 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 Patricia D. Knudson & Associates, Agent for Beazer Homes Texas, 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-3); such property being more particularly described as: An 84.00 acre tract located in the H.T. & B.R.R. Co. Survey, A-309 and being out of a called 160 acre tract described in Vol. 1144, pg. 590, Brazoria County Deed Records. 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 2 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. 509-187 PASSED, APPROVED, and ADOPTED on First Reading this March , 1998. 9th day of TOM REID MAYOR ATTEST: of March PASSED, APPROVED, and ADOPTED on Second and Final Reading this ,1998. TOM REID MAYOR ATTEST: 23rd __day APPROVED AS TO FORM: 'MCCU!I AMY OUGH [NTERIM CITY ATTORNEY DARRIN M. COKER Change in Zoning Classification from: 5 t'3 to: ,P - .'~ Change in Regulations in Section #: Specific Use for: * Property address: EXHIBIT Lot: Block: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: Record owner's name: Owner's mailing address: Owner's telephone number: 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: .~~L-~ I:ccs paid: $ .~%, _...2 ~ Received by: '-"' = Agent's signature: Date paid:yg-"~/~ f ..... ..........;.,:,.=:,7...: ....,.. I0 11 · FII'Em II I SD R-3 SUBURBAN DISTRICT MEDIUM DENSITY SINGLE DISTRICT FAMILY DETACHED DWELLING k 8~.F,.B. aid bO. 5141114 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 EXHIBIT t 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 r~' ~7~ 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 ~ Editor day of Nota~ gt.,~'e~as Laura Ann Emmons, Publisher )UNCIL AND THEPLAN-' NG AND ZONING COM-' .ARLAND, '.~ 'TEXAS e,~r{l:da~:,~ February, ..,eil,~t:e:3Q i~., the 'oning Commission Of the -Harris Coun~ Texas, will :onduc! 'e doinl Public · levering in !he Council ~bers ,:T ~i~' 'half,- 351! - berry' Drtve,:~ Peerland b eras, . for an amend- ment to the Land Use and Urban Development At' said hearing ill| interested parties shall have ~e right :.-': .........,"'-:-- .... AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties !, 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 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 day of ~ N ota r~ ~;~t~t~ ~f Texa~ Laura Ann Emmons, Publisher . LIC HEARING OF THE CITY COUNCIL AND THE PLAN- NING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, · TEXAS the 23rd day of February,. 1998,at 6:30 p.m., the City'~ onlng Commission of the · of Pearland, Brazoda end rris'Countles, Texas, will t a Joint Public, · learing in the Council ;ambers, City hall, 3519 .:iberty Drive, pearland,; exas, on the request of ~mzer Ho~ms Texas, owner., ~y Patricia D. Knudson & 4ssociates, for an amend- r'.ent to the Land Use and I. rban Development C'rdinar~e of said .City from lasalfication Suburban evel0i~enf'~ '(SD) to -q'~gleFamlyDweingDislrict (R-3) on- the following H.T. & ERR Oe.-eawey, ,. end being out .of a ' d · 160'a~re :.'tract' 'in'~~,e~:~fd :1144 pg .' riles shaR. have the right '. heard on the subject. ~,.