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Ord. 509-662 06-23-03ORDINANCE NO. 509-662 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 .28 ACRES, BEING A PORTION OF TRACT 24 OF HAHL'S FIGLAND ORCHARD SUBDIVISION NO. 1, OF THE WEST 1/2 OF SECTION 13, H. T. & B. R.R. COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS (5610 FITE ROAD)(APPLICATION NO. 1105) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF GUADALUPE RIOS, 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, Guadalupe Rios, Owner, filed on April 8, 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 21st 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, Guadalupe Rios, Owner, whereby the Commission 1 ORDINANCE NO. 509-662 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-3); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and 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 Guadalupe Rios, 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 Suburban Development District (SD) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-3); such property being more particularly described as: .28 acres, being a portion of Tract 24 of Hahl's Figland Orchard Subdivision No. 1, of the West 1/2 of Section 13, H. T. & B. R.R. Company Survey, Abstract 240, Brazoria County, Texas (5610 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 2 ORDINANCE NO. 509-662 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 herein above described property. 3 ORDINANCE NO. 509-662 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. ATTEST: 2„ TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of June , 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 May 21, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1105 Request of Guadalupe Rios, 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 3) on the following described property, to wit: .28 acres, being a portion of Tract 24 of Hahl's Figland Orchard Subdivision No. 1, of the West 1/2 of Section 13, H. T. & B. R.R. Co. survey, Abstract 240, Brazoria Co., TX (5610 Fite Road) 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 Don Sederdahl made a motion to forward Zoning Application No. 1105 to City Council for approval with a second made by Commissioner Russ Selemon. Motion to approve passed 5-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Guadalupe Rios 5610 Fite Road Pearland, TX 77584 Page 1 of 1 APPLICATION FOR A CHANGE IN ZONING Please check one: ❑ Change in Zoning Classification from: S .0 to: (list current zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci. peartand.tx.us Address: 1-- 3 (list proposed zoning) Subdivision: r I //vs.d ©.• h 4 - d Lot: y Block: Tax I.D. Number. ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): 7''' 0 Proposed use of property: NEW Nrus'e PROPERTY OWNER INFORMATION NAME 6 v a�CI 4 u f .e E 0 S ADDRESS s4 / O t "/` e CITYV _ arras J STATETX Zip? PHONE(' -et ) $j a S 7 3 FAX(2$ /) e8 S 7 f 7 8 E-MAIL ADDRESS APPLICANT/AGENT INFORMAT NN: NAME c, /'J ,P •- , 1 O ADDRESS 5 / /S Fi 4' "C- CITYY,P (� s-r STATE/ /i zir72 58 `y PHONE(2 9/ ) �5 d 5" 7 3 FAX(1- 9/ ) '8 51- 7 / 7 S S 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: Date: /— 8 "" c, 3 Agent's Signature:,-�%��J Date: r -- g - O 3 OFFICE USE ONLY: z/5 .p FEES PAID: DATE PAID: 4' 7-03 RECEIVED BY:n APPLICATION NO. 1105 11111111111:_taltlegam 0 275 550 Feet 1 l 1 1 1 1 1 1 1 Zone Change Application No. 1105 Guadalupe Rios/Gilbert Rios 5610 Fite Road 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, gas follows: No. / Date P 20 3 No. Date 20 No. Date . 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 2002 (n4 ikintir President LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day o Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1105 Published 04/30/03 Published April 30, 2003 NOTICE OFT,. A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 19th day of May, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas, wilkcondtict. a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, ' Pearland, Texas, on the retp,te Gilbert. Rios, agent Guadalupe: Rips ow Or StenC CluMBIOIN Development District (SD) to Single Family Dwelling District (R-3) on the following described prpperty, to wit: 028 acres, being a portion.of Tract 24 :of Hahl's Frigland Orchard Subdivision No.1 of the west;1/2 of Section 13, H.T. & ':B.R.R. Company Survey, ? Abstract 240, Brazoria County, Texas (5610yFite Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps �r� Development C AFIN.CATKIN NO.1105