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Ord. 509-118 02-10-97ORDINANCE NO. 509-118 AN ORDINANCE 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 LOCATED ON A PARCEL OF LAND BEING 150 FEET X 350 FEET OUT OF TRACT "E", A 300 FOOT X 350 FOOT PORTION OF THE H.C. JOHNSTON 99-ACRE TRACT, BEING THE SOUTH 99 ACRES OF THE H.T.&B.R.R. CO. SURVEY, SECTION 7, ABSTRACT 219, BRAZORIA COUNTY, TEXAS AS DESCRIBED IN DEED RECORDED IN VOLUME 595, PAGE 63 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING KNOWN AS GARDEN ACRES, SECTION ONE, AN UNRECORDED SUBDIVISION IN BRAZORIA COUNTY, TEXAS (6211 LAURIE -APPLICATION NO. 107) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) ON THE REQUEST OF MICHAEL J. AND SUSAN J. MUTINA, 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, Michael J. and Susan J. Mutina, owners, filed on September 11, 1996, 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 13th day of January, 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 14th day of January, 1997, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application of Michael J. and Susan J. Mutina, 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 January 27, 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 Michael J. and Susan J. Mutina, 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-1): A parcel of land being 150 feet x 350 feet out of Tract "E", 300 foot x 350 foot portion of the H.T.&B.R.R. Co. Survey, Section, Abstract 219, Brazoria county, Texas, as described in Deed recorded in Volume 595, Page 63 of the Deed Records of Brazoria County, Texas, and being known as Garden Acres, Section One, an unrecorded subdivision in Brazoria County, Texas (6211 Laurie St.). 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. 509-118 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. PASSED,. APPROVED, and ADOPTED on First Reading this ~21~'7 day of ATTEST: ,1997. ~_~,Y~ TOM REID MAYOR SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this ATTEST: ,1997. TOM REID MAYOR CITY )~D AS TO FORM: ,TTORNEY EXHIBIT "A" "'.x,!"" , """" C['rY OF PEARLkND ":' ' . .ZON~Z CH,~NGE APPLICATION revised 3/5196 __ Change m Zoning C!ahsillcafion from: __ Change in Regulations in Section #: Specific Use for: * Property address: ~2~ I I L0,A.a f. C Lot: E ~ Block: Metes & Bounds Description: (unplatted property only; attach survey) Subdivision: (.2CLr'Ct e V~ 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 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 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. Owner's signature: .,dt2lCtj/X.~_, C~ ~7}Lct/Z' ,L/~ Agent's signature: Fees paid: $ ~1 C_ Date paid: :",3 · PI' 'cation number: EXHIBIT "A" CITY LIMITS LINE ZONE SD 1 LAURIE DRIVE i DRIVE GARDENIA STREET ! ZONE SD "E" 200' m (TYP.) SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT 200' (IYP.) <c ZONE SD ZONE SD >- <C ZONE SD City of Pemrland, Texas MICHAEL l SUSAN MUTINA ZONE CHANGE FROM 8D TO R-1 1 J.A. P,-~;t>~ IF 730- 22 7 W.D. Weir 1304 332 J.F. Hegwood E.P. Crow Jr 438/573 10.0 Bill E. Hol[ey 717 183 I 0,0 20 Laura Massey 708/108 772/74 154.0 8 g' 6 ~ 2 2 2C 2BI 2A ~. a~o,~zT~',~y :5~~ ;5 4J ~- %' ' 9 '1 '~ Z ~ , Star Savings B 103 12 " ' c c 6 67 -537 ' 54.92 I ~ ,~" · R. Ro~g~s, Jr. 97~83 16.61 A- 2 41 , ,I'm R. Massey >8 '109 160.0 LOCATI, · ~ THIS QUADF I . EXHIBIT "B" 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 notic6 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 lollows: No. / Date /,,2 No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and worn to before me this ~f~ura Ann E:mons, Publisher EXHIBIT "B" ~': Zoning Commission of the ~ Harris Counties, Texas, will conduct e Joint Public Headrig tn the Council : Cherubera, City Hall, 3519! · '_l.ibiiHy Drive, PeaHand, i Te~, On the request of ~ MIo]llel :'J.' end Susan J. Mutine,-owners, for an : ~Snd"Urban :DevelOpment Classification Suburban Development DistriCt: (SD) to. (R-l) on. the '=following :,feelx350.0festoulolTracl ~i'.'E', a 300.0 kmt x 350.0 ,' portion of Ihe H.C. Johnston ~ gg.0 acre tracl, being the $oulh99.0.acresoflheH.T.& : 8.R.R. Co. Sulvey, Section T,: ; Abstract 219, Brazoria ~ comy,- exni u 595~ P,I~ 6~.:of the Oeed~ lING AND ZONING COM- ~S Shall-have the right 997, at 6:30 P.m,' the City : 4 _ t 1%.0 , R� Cflu1jof o ©árII©rr4 3 Iil�P- o * * 3519 Liberty Drive • Pearland,Texas 77581-5416 •ex As (281)485-2411 • fax(281)485-8764 January 14, 1997 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 106 Request of Bobby F. Pearce, 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: Being Lot 3 in Block 2 of Garden Acres Subdivision, Section 2, an addition in Brazoria County, Texas (2549 Garden Rd.) RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 107 Request of Michael J. and Susan J. Mutina, owners, 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: A parcel of land being 150.0 feet x 350.0 feet out of Tract "E", a 300.0 foot x 350.0 foot portion of the H.C. Johnston 99.0 acre tract, being the South 99.0 acres of the H.T.&B.R.R. Co. Survey, Section 7,Abstract 219, Brazoria County,Texas, as described in Deed recorded in Volume 595, Page 63 of the Deed Records of Brazoria County, Texas, and being known as Garden Acres, Section One, an unrecorded subdivision in Brazoria County, Texas (6211 Laurie St.). 0 Printed on Recycled Paper Page Two 1/14/97 P&Z Recommendation RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 109 Request of H. L. Hebert, 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 4, Block 3, Garden Acres Subdivision, Section 2, an unrecorded subdivision out of the South 99 acres of Section 7, H.T.&B. R.R. Co. Survey, Abstract 219, Brazoria County, Texas (2554 Lazy Bend St.) Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on January 13, 1997, after the joint public hearing, considered the.above-mentioned recommendations to the City Council. A motion was made by Commissioner Mary Starr, and seconded by Commissioner Marshall Eggers to join Applications No. 106, 107, and 109 under one motion. Motion to join passed 6 to 0. A motion was made by Commissioner Randy Patro, and seconded by Commissioner Mary Starr to approve Applications No. 106, 107, and 109. Motion passed to approve 6 to 0. This is.submitted for your consideration. Sincerely, Robert Larsen, Chairman Planning & Zoning Commission