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HomeMy WebLinkAboutOrd. 509-096 10-28-96 ORDINANCE NO. 509-96 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 LOT 16 BEING 6.0 ACRES OF LAND OF THE EAST ONE-HALF (E ~ OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 15, H.T. & B. R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS, AS SHOWN BY PLAT OF PARTITION RECORDED IN VOL. 441, PG. 265, DEED RECORDS, BRAZORIA COUNTY, TEXAS (6725 FITE ROAD - APPLICATION ~88) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l| AT THE REQUEST OF LARRY D. AND TERESA A. HOOD, OWNERS, 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, Larry D. and Teresa A. Hood, owners, filed on August 9, 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 23rd day of September, 1996, 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 September, 1996, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council 1 regarding the proposed amendment application of Larry D. and Teresa A. Hood, 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-1); 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 Fqanning and zoning commiss!on. at aragular meeting on october 14, 1996; and interested psrties; and having been fully'advi4ted in the premises, finds thet.kl the case of the application of Larry D. and Teresa A. Hood, 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 Perland, Texas, and presently classified' as Suburban Development District (SD) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1): Lot 16 being 6.0 acres of land of the East One-Half (E 1/2) of the Northwest One-Quarter (NW 1/4)of Section 15, H.T. & B. R.R. Co. Survey, Abstract 241, Brazoria County, Texas, as shown by plat of partition recorded in Vol. 441, Pg. 265, Deed Records, Brazorla County, Texas (6725 F~e 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 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. 3 ORDINANCE NO. 509-96 PASSED, APPROVED, and 'ADOPTED on First Reading this/~,, day of ~ ,1996. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this~ day of ~I_~~.~ ,1996. TOM REID MAYOR ATTEST: CITY' SECRETARY APPROVED AS TO FORM: 4 __ Change in Zoning Classification from: ,~' ~7~ __ Change in Regulations in Section #: Specific Use for: * Property address: Metes & Bounds Description: (. .mpla~ property only; atta~ survey) Subdivision: Tax I.D. number: Proposed use of land within requested designation: Record owner's name: Za, u/' ~. ',' ~/,,s9 ,~. Owner's mailing addten: Owner's telephone munber: 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 U~;e Permit request to allow a residential use in a business z (OP, NS, GB), I acknowledge that such use · Date pazd Fees pazd $ Received by: LOT 18 I LOT 13 LOT 17 RTE ROAD 6.000 ACFE8 / 6725 RTE ROAD JN LOT 11 LOT t4. I LOT 15 _j SO SUBtNieANDISTRgF R-1 LOW DOISITY SINGLE: FAMILY DWELLiI~ DISTRICT .xt To eMd bJ.. / ~ ~ 4~ ~ ~ 7~/~08 ~ ~ ~ '.. ~: · , 772/74 1~.0 . "~ =~ ~ · ~ 42~ as ' ~ ' :"~.,~-.~,~7--,-- ~....~ I .' / ~1I''~: Ruoy Kincard 1085/36 25.90 1~ 1 t"lll.a/(Iq fi 552/261 35.93 Harrison O,I Co. & Stanol ind Oil Co. A-546 E. H. H arr s 1 n68 / 188 20.0 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 n~tice hereby appended was published in Brazoria and Harris Counties in the REPO~R NEWS, a news.paper of general circulation in Brazoria and Harris CounUes, for/ issues, as follows: No. / Date z~//.,/ 19 ~ No. Date 19 No. Date 19 . No. Date · 19 . No. Date 19 __ Subscribe and worn to before me this 19 ?~:> ' }l~Editor / dayof EXHIBIT "B"