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Ord. 509-063 05-22-95ORDINANCE NO. 509-63 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 REALPROPERTY LOCATED SOUTH OF WEST OAKS SUBDIVISION FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF JOHN ENGLISH, REKHA ENGINEERING, INC., AGENT FOR RENEE WEST, PEARLAND WEST OAKS VILLAGE, SECTION ONE, LTD., 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, John English, Rekha Engineering, Inc., agent for Renee West, Pearland Oaks Village, Section One, Ltd., owner, filed on March 6, 1995, 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 24th day of April, 1995, a joint public hearing was held before the Planning and Zoning Commission and the CityCouncil 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 25th day of April, 1995, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application of John English, agent, whereby the Commission recommended and approved a 1 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-4) 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 May 8, 1995; 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 John English, agent, 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 Single Family Dwelling District (R-4): A 31.2534 acre tract of land out of a 25 acre tract of land as recorded in Vol. 1092, Page 830, B.C.D.R. & 160 acre tract as recorded in Vol. 708, Page 109, B.C.D.R. in the H.T.& B RR. Survey, A-241, Pearland, Brazoria County, Texas. 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 2 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. 509-63 day of PASSED, APPROVED, and ADOPTED on First Reading this , 1995. DAVI~~S~ MAYOR PRO TEM ATTEST: INTERIM CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this DAVID SMITH MAYOR PRO TEM ATTEST: INTERIM CITY SECRETARY APPRO AS TO FORM: OU 4 '.~':qH 06 '95 12:39 EXHIBIT "A" Z, QNIIqG .CHANGE.. AJ?.?T,ICATION- ~Change in Zoning Classification From:__. 5/D _.- Change in Regulations in Section ... . ..... .... PE'TY i .,.~ ....... Street or Road.Address: LOt__, Block__ ., Addition D Speciffc Use ] Fo~:_. I MAR7' ~995''~ -- CITY of PEARLAND Tla x _I. D~ ~. LEGAL DESCRI/TjrQN~ Unp!atte'd Land: (Must have survey & metes and bounds description) ~1. E~QPQ~ED USE OF LAND ,WITBIN .R~STED._ FiECORD Z, Sio w~ AGENT' $. LETITZQ~: As 'OW];iER/A. GF~T:, I hereby petition the City for approval of the above described request as 'provided by the laws of the State of Texas and Ordinances of th ' f Pearland. FEE:$~J~/~i DATE PAID:. _ .. . RECEIVED BY:__~/~~- EXHIBIT "A" C.R. 91 u~' RN CT 200' " 2O0' EXHIBIT "A" 1A 1 / ' 10A ) (,.)"~ 15A 15 'm"mA __-- ~ 2D I C.R. 91 2G (61) i i IIIII/llllliiitl/lllllllllllllllllllllj AFFIDAVIT OF PUBLICATION - _ REPORTER NEWS P.O. Box 954 Friendswod, Texas 77546 . EXHIBIT"B State of Texas County of Galveston: , • 1, Linda Knight, hereby certify that the notice hereby appended was published in Galveston County in . the REPORTER NEWS, a newspaper for general circulation.in Galveston County and Brazoria County, for Iissues, as follows: . - , • • No. / DateC 19 1� - No. .. NOTICE OF A:JOINT PUB said City from Classification - LIC HEARING OF THE CITY.Suburban Deveicpment COUNCiL^AND THE PLAN xDistiict. SD Ito ngle. 19 No. NING_AND ZONING COM• Family Dia rict(=411°Mthe' - MISION OF.THE CITY;OF xtollowing described;pi per• - 19 NO. - - .PEARLAND,TEXAS -= `..tJr;'tawit,' ,'' ope. .. Niotic®)Ls hereby given that itt r � • on the 24th`day April;:995, A`31�2534•acretract:ot ' atg.T00 P M•, the Clty 3ouf25 acre o �! �, Council and.the Planning es code • I'^1092; - and Zoning Commiselo vPage 830 Ero 1 ' the .City of-, Pearian _a s, a �-as eco. ,"Jii1.1 Bratorla ag—It.1..,. o1 08 Pm.109 B:CJ).R�1 ��l�4 4y Yr - 3 r Counties,Texas,will con d �-, ▪sIn the H T do B RR Survey� �� •��'� 1 ductJoin Publi Hearing A 2 ;Pearl nd`;Brazor ln'thi';COoundl Ch mliers,, Cou tyc �� c a as:, Classified Directo _ • City; all*3519 Libe Drive A �,la - ,r - - ng+all I, r st • -�•-� Pearla�dexas,on the -� ��a - • . � 4F s.-.hn e-" arties's re I have t e .. :request of Jghn_E gllsh,•v •p \ \ � . • N , -- • t fah nd op orto,nit a • agentat°1;i ene4Yest`'sp` ar and.."heeiard o the - 9 0+. a 7 '. Pea �ElW;estpak e s if w.. „ an j__________ . x -- sect on.'wae��itd �o er - ,, dayof Subscriber` • tor.'n.aln'�ndmen 'o V.I;-` i ,t ,i j" Cand;' Use nd Altba ,� gi rr�. $ , �a 19 • DevsTopra®rr bro nano°o 44: . P+t ia� atetaFet s as , %nil,,,• 09.i09f8$ t Laura Ann Emmons . EXHIBIT "B" AFFIDAVIT OF pUBLICATION Before me, the undersigned authority,'on this day personally appeared GLORIA BOIKE, Business Manager for TIIE JOURNAL, a newspaper having general circulation in Brazoria County, Texas, who being by me duly sworn, deposes and says that the foregoing attached notice was published in said newspaper on the following date(s), to wit: , 19_____ Subscribed+and sworn to this Fthe:[artd-' ~ Use; '.." .!. and ~ Development Ordinance' of :;';District', SD) to .~in 'le . :_ Family' i~(R-4 *onCe :'. (SEAL) NIKKI KLEIN Notary Public State of Texas , 19 _ day' of ~~ NOTARY PUBLIC STATE OF TEXAS of land as recorded ,id ~l ' Suivey ;A-241;:j>~ad '~ ,~ ' ~:"At':~':~id::': m~rin"~~: ',.=-.