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Ord. 509-427 03-27-00 ORDINANCE NO. 509-427 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 6.68 ACRES OUT OF A 10 ACRE TRACT IN THE NORTH PART OF LOT 6, H.T. & B.R.R. CO. SURVEY, SECTION 19, A- 243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 876) (925 CULLEN BOULEVARD (FM 865)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF RAYMOND & EMMA VAUGHAN, 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, Raymond & Emma Vaughan, Owners, filed on November 29, 1999, 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 'W'; and WHEREAS, on the 14~ of February, 2000, 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 28th day of February, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Raymond & Emma Vaughan, 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 March 13, 2000, 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 Raymond & Emma Vaughan, Owners, 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) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-l); such property being more particularly described as: 6.68 acres of a 10 acre tract in the North part of Lot 6, H.T. & B.R.R. Co. Survey, Section 19, A-243, Brazoria County, Texas (925 Cullen Boulevard (FM 865)) I1. 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, 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. 3 ORDINANCE NO. 509-427 PASSED, APPROVED, and ADOPTED on First Reading this t3th day of March, 2000. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27thday of March ,2000. TOM REID MAYOR ATTEST: yCu APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 February 28, 2000 Honorable Mayor and Council Members City H~I Pearland, Texas 77581 ge~ RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 876 Request of Raymond & Emma Vaughan, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Single Family Dwelling District (R-l) on the following described property, to wit: 6.68 acres out of a 10 acre tract in the North part of Lot 6, H. T. & B. 1LIL Co. survey, Section 19, A-243, Brazoria Co., TX (925 Cullen Boulevard (FM 865)) Honorable Mayor and Council Members: At a regular meeting held on February 21, 2000 aRer a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd Ioe?o to recommend approval of Zone Change Application No. 876. Motion to approve passed 7 to 0. This is submitted for your consideration. Planning & Zoning Commission '! CITY OF PEAR, LAND ZONE CHANGE APPLICATION revised 3/5~96 X Change in Zoning Classification from: ~']~ Change in Regulations in Section #: Use for: * Property address: 9Z~" F'I~I 8~" (C_,ULL~'h4 ~CVD~ Lot: LoT ~ Block: ] Subdivision: Metes & Bounds Description: ~' ~ A, ou~ o~ ~, P~ prgpe~y only; attach su~ey) 5~. I ~ H,T~ ~ Tax I.D. number: Proposed use of land within requested designation: r~ E 5, i D ~'/,4 T I A L Record owner's name: Owner's mailing address: Owner's telephone number: Agent's name: Agent's mailing address: Fees paid: Received by: 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 Peadand. *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 futura uses on properties in my vicinity. Owners signature:~~,~_. Application number: ZONE SD HA-WE ZONE SD 21 22 ZONE SO 51 ZONE SD 7 52 10 RAYMOND · EMMk YAIJ{IHNJ FROM 8D TO R-1 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 and Harris Counties, for / issues, as follows: No. Date '~'c~v,_ ~_~'-f/~ 20 z~ ~ No. Date 20 __ No. Date 20 __ No. Date 20 __ No. Date 20 __ 15.r.e~ide nt Subscribe and sworn to before me this 20 ~o ~~I~n~, Publisher Notary~ f Texas 0G701/~000 2:07 28148S6397 REPORTER NEWS rr' uAVlT OF PUBLICATION The Pearland Reporter News 2404 South Park Peariand, Texas 77581 PAGE ~te of Texas ~zoria and Harris Counties . ~ :andy Emmons, hereby certify that the notice hereby appended was pU61ished IrazorJa and Herds Counties in THE REPORTER NEWS, a .n, ewspaper Of gen,eral ulation in Brazoria'and Harris Counties, for J ~ssues, ae f~ll;ws, ' Date _ :ribe and swdrn _ Date _ _ Date . Date · to before mo thisL -. ,.)2. -20 20 -- 20------ President - Notary PubliC, State of Tea(as AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS ORDINANCE NO 5[)9-427 AGENDA OF: O_Q~3/1.3/oo DATE SUBMITTED: 03/03/00 PREPARED BY: ITEM NO. DEPARTMENT OF ORIGIN :Planning/Permits Jenn±fer Oonzales PRESENTOR: G. Tumlinson SUBJECT: [ EXHIBIT?. ZONE CHANGE APPLICATION NO. 876 Ordinance, map and application EXPENDITURE REQUIRED n/a AMOUNT BUDGETED n/a ACCOUNT NO. n/a ADDITIONAL APPROPRIATION REQUIRED n/a ACCOUNT NO. n/a FUNDS AVAILABLE n/a (Finance Department Approval) EXECUTIVE SUMMARY Zone Change Application No. 876 is a request to change the zoning class, ific.ati. 9n from Suburban Development District (SD) to Single Family Dwelling Distrxct (R-I). RECOMMENDED ACTION consider request '~--.