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Ord. 509-663 06-23-03ORDINANCE NO. 509-663 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 LOCATION BEING 1.9355 ACRES, BEING OUT OF THE W.D.C. HALL SURVEY, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (2011 BROADWAY STREET) (APPLICATION NO. 1109) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF JOHN YOST, AGENT FOR VERNA YOST, 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 Yost, Agent for Verna Yost, Owner, filed on April 24, 2003, 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 applications for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 19th of May, 2003, 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 21 st day of May, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, John Yost, Agent for Verna Yost, Owner, whereby 1 ORDINANCE NO. 509-663 the Commission's recommendation to approve a change of classification failed for the property described in Exhibit "A" from its existing classification of Single Family Dwelling District (R-1) to Neighborhood Services District (NS); 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 June 9, 2003; 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 Yost, Agent for Verna Yost, Owner, 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 Single Family Dwelling District (R-1) is hereby for all purposes changed and reclassified as Neighborhood Services District (NS); such property being more particularly described as: 1.9355 acres, being out of the W.D.C. Hall Survey, Abstract 70, Brazoria County, Texas (2011 Broadway Street). The City Council of the City of Pearland finds and determines that the recitations in 2 ORDINANCE NO. 509-663 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 3 ORDINANCE NO. 509-663 Ordinance No. 509, and consistent with the approval herein granted for the reclassification of the herein above 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 9th day of June , 2003. TO—M REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 2rd day of June , 2003. TOM REID MAYOR 4 ORDINANCE NO. 509-663 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 May 21, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1109 Request of John Yost agent for Verna Yost, owner for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Neighborhood Service District (NS) on the following described property, to wit: 1.9355 acres, being out of the W.D.C. Hall Survey, Abstract 70, Brazoria Co., TX (2011 Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on May 19, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ray Baconl made a motion to forward Zoning Application No. 1109 to City Council for approval with a second made by Commissioner Todd Iocco. Motion to approve failed 5-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Verna H. Yost Estate John B. Yost, Executor 3205 Yost Road Pearland, Texas 77581 Page 1 of 1 APPLICATION FOR A CHANGE IN ZONING Please check one: Ntl Change in Zoning Classification from: ie-/ (list current zoning) ❑ Specific Use Permit Request for : City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www. ci. pea rla nd.tx. us to: A/c (list proposed zoning) (list proposed use) Property Information: Address: Z e> / 45 r aR,Ohl b e4 .49-1 %A/2 c,4410, 7"6'x,S Subdivision: Lot: Block: F10d 74 `v DG /41,44.6 Tax I.D. Number: 00 7lr7-- ©d,S`_ ®®4 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): ‘4c. 4x' '— Proposed use of property: /(l.S; PROPERTY OWNER INFORMATION: NAME i/41ZL4 H. Y�S"s ES7,4T1- (b,4S, -S) ADDRESS5205' 7" Leo CITY/))444.4//j STATE ZIP '77s / PHONE( 2 'i/ ) �f fj'� �iar2 A FAX( E-MAIL ADDRESS APPLICANT/AGENT INFORMATION: NAME --/o 4 J)7- (4`)CEc 'ro►/2) ADDRESS .92©S >6.77- JZb. CITY 1,/) STATE ✓ 4.3 ZIP 77f8/ PHONE( 2ig/) seg- - /9c2 FAX( ) E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: yete-S- Date: ,42.1-776-cure92. Date: 4- 2#-® OFFICE USE ONL FEES PAID: el5 DATE PAID: I/ - q -03 RECEIVED BY: APPLICATION NO. // '�� 0 275 550 Feet Zone Change Application No. 1109 Verna H. Yost Estate John B. Yost, Executor 2011 Broadway Street AFFIDAVIT OF PUBLICATION The Pearland Reporter`News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, 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, Harris & Galveston Counties, for / issues,':as follows: No. / Date P 20 z-3 No Date '20 No. Date '20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 02 11 (G /7/t Ulf President LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day o 41J Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1109 Published 04/30/03 Published April 30, 2003 NOTBICCE LA JOTINECITY COUNC'APHFH; E PLANNING AND I ING' COMMISSION, OFT6tE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 19th day of May, 2003, at 610 prh., the; City Council and Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort .`Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of John B. Yost, Executor, agent for Verna -H.YgstEstate, owner,` for an amendment to the Land . Use and Urban Development Ordinanceof said City from Classification Single, -Family Dwelling Distrlct to; Neighi. District deschb 19355 acres, W.D.C., Hall Survey 70, Brazoria Coitr► (2011 E. Broadway At said hearing all interested parties st t have'the right and opportimty to appear and be heard on=the. subject. /s/ Mona Ann Phipps Development Coordinator APPUCATION NO. 1109 AI-I-IUAVII OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties k.iop I) 13 I, Randy Emmons, 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, Harris & Galveston Counties, for / issues; as follows: No. / Date C_V 20� No. Date 20 No Date :20 No ' Date 20 No. Date 20 Subscribe and sworn to before me this 2003 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 President Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1113 Published 05/28&06/04/2003 Published May 28 & June 4, 2003 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE, PLANNING AND ZONING/ COMMISSION OF THE CITYr ' OF PEARLAND, TEXAS I Notice is hereby given that on! the 16th day of June; 2003, at 6:30 p.m., the City Council) and Planning and Zoning,' I Commission of the.- City;of 1 j Pearland, Brazoria, Harris'i and Fort Bend Counties, Texas, will conduct -a joint; public hearing in the Council Chambers of City Hall, 3519 I Liberty Drive, Pearland, Texas, on the request of John r B. Yost, Executor, agent for Verna H. Yost Estate, owner, for an amendment to the Land Use and Urban ' Development Ordinance of said City from Classification ; Single Family Dwelling District (R-1) and Neighborhood Service District (NS) to Office and Professional District (OP) on r the following described prop- , erty, to wit: 11.9355 acres of land, being i out of the W.D.C. Hall Survey, • Abstract 70, Brazoria County, Texas (2011 E. Broadway Street) ;..At said hearing all interested parties shall have the right ! and opportunity to appear , and be heard on the subject. /s/ Theresa Grahmann I Planner I - APPLICATION NO. 1113 • f