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Ord. 509-185 03-23-98ORDINANCE NO. 509-185 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 A PARCEL OF LAND IN THE SOUTH 1/2 OF LOT 18, ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T.&B.R.R. CO. SURVEY, A-234, BRAZORIA COUNTY, TX (13619 MAX ROAD) (APPLICATION NO. 246) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R- 1 ) AT THE REQUEST OF JUAN JORGE & MARIA A. RODRIGUEZ, 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, Juan Jorge & Maria A. Rodriguez, owner, filed on December 10, 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 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 Juan Jorge & Maria A. Rodriguez, 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-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 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 Juan Jorge & Maria A. Rodriguez, 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: Being a parcel of land in the south 1/2 of Lot 18, Allison-Richey Gulf Coast Home Co. Subdivision, section 9, H.T. & B.R.R. Co. survey, A-234, Brazoria County, TX (13619 Max Road). 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. 2 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. 509-185 PASSED, APPROVED, and ADOPTED on First Reading this March ,1998. 9th TOM REID MAYOR day of ATTEST: of PASSED, APPROVED, and ADOPTED on Second and Final Reading this March ,1998. TOM REID MAYOR ATTEST: 23rd __day APPROVED AS TO FORM: AM.'/MOTES MCCdLLOUGI I INTERIM CITY ATTORNEY DARRIN M. COKER Change in Rc~atio~ in Section S~ci~c Use for: * Lot: / (~ Block: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: nlo- Proposed use of land within requested dcsignation: Record owner's name: Owner's mailing address:,X /002 775'87 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 PearlaM. *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. ()~Z, cr's signature A' /~t~/.z~' Agent's signature: .... .: I Date "ccs paid $ - 33 16 ZONE S0 17 34 0 n/ X ~E ZONE SD 35 200' 13619 ~~~ 200. MAX ROAD""""' "' ZONE SO ZONE SD 37 20 CLIFF STONE ROAD (CR. 560) 38 W. CLIFF STONE ROAD (CR. 560) 2~ ZONE SD 39 22 SD R-1 SUBURBAN DISTRICT LOW DENSITY SINGLE FAMILY DWELLING DISTRICT CAW of Pearland, Texas JUAN JORGE RODRIGUEZ ZONE CHANGE FROM 8D TO R-1 ro 0 ,.-40 o~ H.L.&P. 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 r~- ~7/ 19 No. Date 19 No. Date 19 N o. Date 19 No. Date 19 Editor Subscribe and sworn to before me this day of L'~-r~ Notary Public, State-of Laura Ann Emmons, Publisher g~en eat co. :hi day of February. ~omml int 'Pl~iic ~:~in the- /-: ..:: ..... : en Ordi~n{i ~ . "evelqlalnt' . . 0 SingiFml, · .... :J/~of it 18, ',Secl~n g, I,LT.& · * survey Ao~34 ~lax Road) ~.;,, ..., all }arties shall have the right AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 EXHIBIT 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: .o. / Date-~-// ~e 5'Z No. Date 19 N o. D ate 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this day of ~ ~ X:~JOINT PUB- .. :' .....~.,THE PLAN- .i'jl~D""~G COM- .i ~ CiTY OF ~'~'-. TEXAS 18 at ' y ~rl~u~''' C(~nt|selon of ~e Cambets, City iiafi, 3519 1 · ;,:,~lhl,': ~."Ui~ a'l~d Urban ' ~t t8; Allison,., e~! A-234, TX (13619 ~e heard on the subject.