Loading...
Ord. 509-456 06-12-00ORDINANCE NO. 509-456 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 TRACT I: 1.25 ACRES AND TRACT I1:1 ACRE, BOTH OUT OF LOT 58, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, AS RECORDED IN VOLUME 2, PAGE 23 & 24, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA, COUNTY, TEXAS (APPLICATION NO. 896) (14110 CR 556(HAWK MEADOWS ROAD))FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF LAWRENCE ALDERMAN, 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, Lawrence Alderman, Owner, filed on November 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 'W'; and WHEREAS, on the 24t~ of April, 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 5th day of May, 2000, the Planning and Zoning CommiSsion of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Lawrence Alderman, Owner, 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 May 22, 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 Lawrence Alderman, 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) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-l); such property being more particularly described as: Tract I: 1.25 acres and Tract I1:1 acre, both out of Lot 58, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, as recorded in Volume 2, pages 23 & 24, Brazoria County plat records, Brazoria County, Texas (14110 CR 556(Hawk Meadows Road)) 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. ORDINANCE NO. 509-456 PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of May ,2000. T O'I~i-REi~D MAYOR ATTEST: C~JffY S~ETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this [2th day of June ,2000. TOM REID MAYOR ATTEST: ETARY ~ APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Russ Selemon to recommend approval of Zone Change Application No. 896. Motion to approval passed 5 to O. This is submitted for your consideration. Si~ncerely, /] [ Mary Starr,M~hairman Planning & Zoning Commission __ Change in Regulation in Section #: __ Specific Use for: * Property address: .?~'//0 Lot: ~ Block: Metes & Bo~ds Descfip~on: (~pla~ed prope~ only; TaxI.D. number: 0.~ O0'[~ ~ ~a- ~ ~Lr~OO f~' I~ Proposed use of land within requested. designation: Record owner's name: Owner's mailing address: i/-~ / / 0 Owner's telephone number: Agent's name: Agent's mailing address: A~ent'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 Ordinance of the City of Pearland. *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 future used on properties in my vicinity. Owner's Agent's siguamre: Date paid: 8 2~ ~-l(a4o) R- 1 56 57 R-1(4-05) R-1 (~9,~) 26 14110 HA~/K MEADOWS 11 R-1 (,~20) 12 28 AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 05/22/00 DATE SUBMITTED: 05/05/00 PREPARED BY: Jennifer Gonzales ITEM NO. DEPARTMENT OF ORIGIN: ~s PRESENTOR: G. Tumlinson SUBJECT: ZONING APPLICATION NO. 896 EXHIBITS: Ordinance, Map, and Application EXPEDITURE REQUIRED - n/a AMOUNT BUDGETED ACCOUNT NO. n/a ADDITIONAL APPROPRIATION REQUIRED ACCOUNT NO. n/a FUNDS AVAILABLE n/a (Finance Department Approval) EXECUTIVE SUMMARY Zoning Application No. 896 is a request to change zoning classification from Suburban Development District (SD) to Single Family Dwelling District (R-I). Consider Request. RECOMMENDED ACTION AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties :{andy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria and Harris Counties, for / issues, as follows: No. / Date No. Date No. Date No. Date No. Date 20. )scribe and sworn to before me this Lau~ Notary Public, State of Texas JnCil 3519 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 /-'r/-f~ 20.~ No. Date '- - 20 __ No. Date 20 No. Date No. Date President Subscribe and sworn to before me this 2~) & N~ ~tate el lexas Vol.