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Ord. 509-158 08-25-97ORDINANCE NO. 509-158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 LOCATED LOT 18, MAHANAY SUBDIVISION, A PART OF SECTION 15, H.T. & B.R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS (6919 FITE ROAD)(APPLICATION NO. 186) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DONALD R. & OPAL COTE, 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, Donald R. & Opal Cote, owner, filed on June 13, 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 28 th day of July, 1997, 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 July, 1997, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by 'Donald R. & Opal Cote, 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 August 11, 1997, 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 Donald R. & Opal Cote, 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: Lot 18, Mahanay Subdivision, a part of Section 15, H.T.& B.R.R. Co. Survey, A-241, Brazoria County, Texas. (6919 Fite 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. 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. 3 ORDINANCE NO. 509-158 PASSED, APPROVED, and ADOPTED on First Reading this///,~k. day of , 1997. TOM REID MAYOR A'FFEST: y~G~LC~A(~L~SE ARY of PASSED, APPROVED, and ADOPTED on Second and Final Reading this~~day A'R'EST: ,1997. TOM REID MAYOR CITY A"'TORNEY 5 V/Change in Zoning Classification from: __ Change in Regulations in Sex:tion #: __ Specific Use for: to: ~2,/~ ,' Lot: [ ~ Block: Metes & Boun~ Description: (unpla.ed prope~ only; a~eh Tax I.D. number: Proposed use of land within requested designation: Owner's telephone number: /7' jr 2-)"- / t~ q't/ 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 Ordinapces of the City of Pearland. 200' 0~'P.) ZOnE eD 13 200' (wP.) ~7 ZOIE eD CITY LIMIT LINE FITE ROAD 6.0 ACRES 6919 FITE ROAD SD R-1 SUBURBAN DISTRICT LOW DENSITY SINGLE FAMILY DWELLING DISTRICT CAW Of PeerlBnd, Texae DONAI.,D&OPALCOTE ZONE CHANGE FROM 8D TO R-1 I)atm DE:C. 1996 VEJlT :l"-- Chkel I~-C.R. LON(396-1231 OF "1 SHEEr 1 i LL,t p tZ-- OCOOD ! i 2 W.H. P~;lsc:n LouIs E. Len[z 730'/227 47 874/417 1143/214 __. ' ' ""' "1 ' Hurs'~ Barbee30 20.0 ' G2 W.D. Weir 21 13047332 48' 636/38 12-280 10.0 iJ.F. Hegwood x E.P. Crow Jr co 31 o Francis 4~ e ._: ,~,U ~ Powell 438/573 10.0 ~ ~ j ~ 15 343 23 : 32 ~ ~ BilE. Holtey ~b O. 717483 8]'6 ~ I ~ _ ~ .-~ Ed. R. 9 IO ' .: "'~: 56 f SO 42 64 86 Laura Massey 708/108 IFM LI 772/74 15~ John R. ,Massey 708/109 160.0 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: .o. I Date ~;- ~ 19 ~7 ? No. Date 19 __ No. Date 19 __ No. Date 19 __ N o. D ate 19 __ Subscribe and worn to before me this 19~r~ Editor day of H.~{~.r¥....Rt~.bl|C,.S.t,.qte 0f. Texas ""~',',',;~,;i~,;''~'o9/o0/9a :: NiNG~AND';ZONiNG~QOM;: ~ ~ planning and ': Comm~:~sion ~f the ~i, Bazoda and ~i, Texas, will c~ I ~i Public Headrig ~ Chainbern, Ci~ TG~ on the requll De~pment Ordin~ei'd City from Classi , ;. . · ...... : i (R-1)'on the f~ ibed pmpe~, to~ 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 I issues, as follows: No. ~ Date ~"'2~ 19__ No. Date 19 __ No. Date 19 __ No. Date 19 __ No. Date 19 __ Subscribe and worn to before me this Editor day of .:Neta~y.:Publi{>, .State.Q.f..-.Te~as ~~b'~sher ~ICE OF' A JOINT PUB- ~ 'HEARING OF 'THE CITY :' NCIL: AND THE PLAN, LA D:'TEXAS '.~..e is hereby given thee '~~Bth'dey of July, .1 91~r~:... ~ the Rann!ng an, Z~inl".. ""' ':'~int,Pub!iC~;,He,adn."~i:i~,'l R~R, Co Survey "' ' a County T~ ..~j~e R~ad) ' :' ' '~':. /. ' . .. .-~pheadn9 el nterl :: ' sh~ll have the ~ offunity to appea~ ~ · N ~rd on the subject.: ";~:" ,,.. . .:,;.. /~oungLoding .". ' ( -44. t. ?„Fa„, 444�T a �C PEARLAND July 29, 1997 L T ` x 12:11 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 186 Request of Donald R. & Opal Cote, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to-wit: Lot 18, Mahanay Subdivision, a part of Section 15, H.T.& B.R.R. Co. Survey, A-241, Brazoria County, Texas. (6919 Fite Road) Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on July 28, 1997, after the joint public hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Emil Beltz, and seconded by Commissioner Tommy L. Scott to approve Zoning Application No. 186. Motion passed to approve 6 to 0. This is submitted for your consideration. Sincerely, Pat Lopez, ' airman Planning & Zoning Commission 3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 • www.ci.pearland.tx.us AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,TEXAS,TO BE HELD JULY 28, 1997, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. APPLICATION NO. 186 I. CALL TO ORDER • II. PURPOSE OF HEARING - APPLICATION NO. 186 Request of Donald R. & Opal Cote, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to-wit: Lot 18, Mahanay Subdivision, a part of Section 15, H.T.& B.R.R. Co. Survey, A-241, Brazoria County, Texas. (6919 Fite Road) • III. PERSONS WISHING TO SPEAK FOR THE PROPOSED REQUEST IV.. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281-485-2411 prior to the meeting so that appropriate arrangements can be made.