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Ord. 509-445 04-10-00ORDINANCE NO. 509-445 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 2.00 ACRES OF LAND OUT OF LOT 22, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS ACCORDING TO A MAP OR PLAT RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 792) (1107 LINDA LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF BRENT A. BROWN, 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, Brent A. Brown, Owner, filed on April 23, 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 "A"; and WHEREAS, on the 28th 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 7th day of March, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Brent A. Brown, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its 1 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 Planning and Zoning Commission, at a regular meeting on March 27, 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 Brent A. Brown, 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: 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-1); such property being more particularly described as: 2.00 acres of land out of Lot 22, Allison Richey Gulf Coast Home Co. Subdivision, Section 20, H.T. & B.R.R. Co. Survey, A-506, Brazoria County, Texas according to a map or plat recorded in Volume 2, page 23 of the plat records of Brazoria County, Texas (1107 Linda Lane) 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 manglates;$f law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. 2 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. 509-445 PASSED, APPROVED, and ADOPTED on First Reading this 2rh day of March , 2000. TOM REID MAYOR ATTEST: NG YSf 'ET RY PASSED, APPROVED, and ADOPTED on Second and Final Reading this loth day of April ,2000. APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 CITY OF PERRLAND ID:713-485-8764��Y W�\�\M APR 21'99 ZONE CHANCE APPLICATION revised 3/5/96 16:28 No.016 P.O1 free Change in Zoning Classification from; ✓ S`p to: 214 r OsAJ%i l �- Change in Regulations in Section e: Specific Use for. Property address: Lot: 1/01 LINDA Am) t C tZ G o.3) Block: 1 Subdivision: �jfittia'rrf. Motes & Sounds Description: (unplatted property only; glitch survey) Tax I.D. number: Proposed use of land within requested designation: Se.vf.l` ,Cagy EACCA A'7aG Rocovd owners name: ,d.2 ,urA. deowA✓ Owner's mailing address. Jffl,1LNDt3 2o4't j, �!�B/Z,(rt�D 07X ?woe C,d/ fl : P/3 ff9/- fl oi) Owner's telephone number: Hem : .2 ? J — ¥ Tea- s GC% Agent's name: Agent's mulling address: Agent's telephone number: PETITION: As owner/a eM, 1 harab 'i'wed li y setitgn 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 Peartand. 'On a Specific Use Panmt request to allow a residential use in a business zone (OP, NS, GB), 1 acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signature; Fees paid: $ n, Received by; llllA�i� Agent's signature: _ Date Paid: f�� v t L Application number: sea INN ENN NIN 1111 1 12 27 14 15 41 42 MS- MIS- IN --I MEN NOM NUM NON OMEN MOMS MS NIIt _M 2.000 ACRES 1107 UNDA S,RE T OOHS RANCH ROAD feaaiiimuimmomtm WY WIT I!E 1�, IWVria-, CRVST. LA01 DRIVE esm� as .n mIS►IOMll 20 u 37 City of Peerland, Texas ERENT A BROWN ZONE CHANGE FROf3D TO R-1 an. Noa792 O cri• JAN.. 2000 Don N+J.E.B. OW U+G. TIMWNS0/ 010 BM3 00-8001 SHEET OF 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 02 - % 20 !-u No. Date 20 No Date 20 No Date 20 No. Date 20 OtG� mein O. President Subscribe and sworn to before me this day of C LAUP? . EMMONS .NoMetyzcifil, jyaftgl, PU8V HEAR NGrOFTHE Q,ITY COUNGt4AND,TNE PAN$!NQ 41ND.Z0NJNG C9 (WAQR OU$E Gtrt (BLAND, rEMS Ng4$e 9 herebygventh$t an., PIS 2?thar oJ;Pebruary, 2Q0, fit.$ 3Q p m., the Gity: C000cilagdthwPlanning aria ZoniogCogiipiss on otitb## Ody4PgarlapQ Srszon@; Harrier Iatdt Foit Pend Cgyntif0 Terms, will eonnddug1; a JOIO .Pubha.HeaatSa $3i Cbuncri chambers, t aJ1 9519 Ubotty. Driver Peadand;' Teotsrotl the regkfts(of Srentt A. , .ewock, fbr=an{ a(SISOVIblist),.11tetipti. anh., iiavelopIaeolai 940, of toettiffraitvg,,. Qlaasifidttion 'Suburban Develppmem District (SD) to , Single F -Dwel ing.District 1Zoang torting City Secretary APPIICATIONM AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. % Date 20 %A No. Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this ,. 20 0 atta President aysofE Rib; ic- State of Texas 9 missionExpi 8-9-02 .� Laura Ann Emmons, Publisher Notary Public, State of Texas Notce js4 etafhy t atop, IhQ2B1hy ary, 2000, L 6,,50 Councj;and a • en4l*. Zpnirgg___C9thmi$E 0 Uhe` City of Pegtiand,tBroor a Harris and For-,, Bend Counties TOxas tyiIgntl ,.. a Jojnt PpbIic Heann9 A:thp Count, Qharhbers, GtyHaOi, 3519 LU-gy pdva, Pearland, emtegyestt-ofBrent. �rpe 10 ihb.LanddJSe Developm@tAt said,O ty frpm Qt hop ,Suburban 1t a r t(e(D).;to • 15 ail Pn ktP RroPer(,'�to.w t: dibe aes ot, land Ou4a 22, Atlisan Richey G, .9$40t ; ma Co. Sup f r.- action 20, H. T. & Q1& i Co`, survey, A 506,,Qraro�Ut , Co.,:TX according to a mapA,r-„ plat recorded in Vol. 2, pg of ihe. plat records of.Br z�. Co„ TX (1107 Linda Lana)• 1i At said hearing all interesta�Q , parttss_ sbalfhave the righL,n and opportunity to appear and'F. ?e heard on the subject. City Sao APPIXATION . March 7, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO 'fill+, CITY COUNCIL ON ZONING APPLICATION NO. 792 Request of Brent A. Brown, 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 1) on the following described property, to wit: 2.00 acres of land out of Lot 22, Allison Richey Gulf Coast Home Co. Subdivision, Section 20, H. T. & B. R.R. Co. survey, A-506, Brazoria Co., TX according to a map or plat recorded in Vol. 2, pg 23, of the plat records of Brazoria Co., TX (1107 Linda Lane) Honorable Mayor and Council Members: At a regular meeting held on March 6, 2000 after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil A. Beltz to recommend approval of Zone Change Application No. 792. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning & Zoning Commission