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Ord. 509-656 05-12-03ORDINANCE NO. 509-656 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 5 ACRES, BEING THE NORTH'/2 OF LOT OR TRACT NO. 36, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, BRAZORIA COUNTY, TEXAS (ADAMO LANE) (APPLICATION NO. 1098) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RICHARD AND TERRY WEMHOFF, 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, Richard and Terry Wemhoff, Owners, filed on March 13, 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 21st of April, 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 29' day of April, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-656 proposed amendment application by, Richard and Terry Wemhoff, Owners, whereby the Commission recommended to 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-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 May 12, 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 Richard and Terry Wemhoff, 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) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1); such property being more particularly described as: 5 acres, being the North'/2 of Lot or Tract No. 36, Allison Richey Gulf Coast Home Company Subdivision, Section 19, H. T. & B. R.R. Company Survey, A-243, Brazoria County, Texas (Adamo Lane). 2 ORDINANCE NO. 509-656 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 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. 3 ORDINANCE NO. 509-656 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. PASSED, APPROVED, and ADOPTED on First Reading this 12th day of May , 2003. ATTEST: YO CSE''ETAR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of May , 2003. 4 TOM REID MAYOR TOM REID MAYOR ORDINANCE NO. 509-656 ATTEST: ETAR APPROVED AS TO FORM: OaA,•:--11 DARRIN M. COKER CITY ATTORNEY 5 April 29, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1098 Request of Richard & Terry Wemhoff 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-1), on the following described property, to wit: 5 acres, being the North'/z of Lot or Tract No. 36, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Adamo Lane) Honorable Mayor and Council Members: At a regular meeting held on April 28, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ray Bacon made a motion to forward Zoning Application No. 1098 to City Council for approval with a second made by Ruby Sandars. Motion to approve passed 4-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Richard & Terry Wemhoff 7625 Longleaf Pearland, TX 77581 Page 1 of 1 APPLICATION FOR A CHANGE IN ZONING Please check one: Tizi Change in Zoning Classification from: ❑ Specific Use Permit Request for : Property Information: Address: Cr R cPL. Lc (NDA-m0 I• --(.I fly'.. A\\I n -R` (1ct_` NCI °3 �T Subdivision: �jp 7 �n S Lot: a �3 Block �C�� �� t�Cj� ��QI u151 on T � r�3 ��+3 �j (act Tax I.D. Number. 1 `'A ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): CI Proposed use of property: cke_,5 I.rl i\-1 rY (list current zoning) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us I (rkZth( DI). (list proposed zoningy (list proposed use) PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME''iI,C yam►f ill (1-4 - VIO NAME c(>,rne-- ADDRESS 1liat5 kc c c 1 ADDRESS CITY P j, AG rig STATE ZIP`TI 61) I CITY STATE ZIP PHONE( W. )CICt-1 104 PHONE( ) FAX( ) 0 fl 11 �O j�'( _ !_ FAX( ) DRESS 1 W�mY o "s f�I I \ E-MAIL ADDRESS E-MAIL AD p �,, 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 l understand that Idescription of the proprty upon am fully responsible for which the correctness have requested the above checked action of the legal description given. i nature: ^ Dater iAt? Owners S g � � Agent 's Signature: 0 Date: OFFICE USE ONLY: cc) FEES PAID' DATE PAID: 3 ( RECEIVED BY: �a>JAPPLICATION NO. 109 V2 0 200 400 Feet 1 1 1 1 1 Zone Change Application No. 1098 Richard and Terry Wemhoff Adamo Lane (SD - R1) rum n•■,vi&va■ vn ■ - • 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 200� No. Date '20 No. Date No. Date 20 No. Date 20 Subscribe and sworn to before me this )0 63 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires OS-OS-2006 • 20 day of Laura Anri Emmons, Publisher Notary Public, State of Texas I Joint Public Hearing - Application lication No. 1098 Published 04/02/03 r Published April 2, 2003 '—`I NOTICE _ OF A JOINT PUBLIC. HEARING OF THE CITY COUNCIL AND THE PLANNING 'AND ZONING COMMISSION OF THE CITY i OF PEARLAND, TEXAS Notice is hereby given that on the 21st day of April, 2003, at! 6:30 p.m., the City Council and Planning and Zoning Commission of the City of, Pearland, Brazoria, Harrisl 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� Richard and Terry Wemhoff,1 owner, for an. amendment to' the Land Use and Urban! -Development Ordinance of said City from Classification; Suburban -- - Development l District (SD) to Single Family { Dwelling District (R-1) on the { following described property,? to wit: 5 acres, being the North 1/2' of Lot or Tract No. 36, Allison Richey Gulf Coast Home Subdivision, Section 19, H.T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Adamo. • Lane) At said hearing all interested' parties shall have the right• and opportunity to appear • and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1098 !