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Ord. 509-457 06-12-00ORDINANCE NO. 509-457 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 A 5 ACRE TRACT BEING THE NORTH'/ OF LOT 45, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 107, BRAZORIA, COUNTY, TEXAS (APPLICATION NO. 915) (MILLER RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF STEVEN C. MUTH, 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, Steven C. Muth, Owner, filed on February 20, 2000, 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 24th 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 511' 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, Steven C. Muth, 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 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 Steven C. Muth, 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: A 5 acre tract being the North % of Lot 45, Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, Brazoria County, Texas, according to map or plat recorded in Volume 2, page 107, Brazoria County, Texas (Miller Ranch Road) I I. 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. 2 4 May 5, 2000 Honorable Mayor and Council Members City Hall ,Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 915 Request of Steven C. Muth, 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) for the following described property, to wit: A 5 acre tract being the North IA of Lot 45, Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H. T. & B. R. R. Co. survey, A-304, Brazoria Co., TX, according to map or plat recorded in Vol. 2, pg 107, Brazoria Co., TX (Miller Ranch Road) Honorable Mayor and Council Members: At a regular meeting held on May 1, 2000 after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Russ Selemon to recommend approval of Zone Change Application No. 915. Motion to approval passed 5 to 0. This is submitted for your consideration. Sincerely, Mary Stan, Chairman Planning & Zoning Commission 02/20/2000 12:32 7130411007 Or ARTAN rmc ntld oc PACE 02 CITY or PFRKLIRND FEE' 2'900 ZONE CHANCE APPLICATION revised 315/96 Change in 'Zoning Classification from: _ - Change in Regulations in Section #; Specific Use for: • Property addreos_ Lot: Block Metes& 6ounde Description: (unptatted property only: attach survey) Tax I.U. number: Subdivision. I'1:at) I'•to.0'12 f',0' Proposed use of land within requested designation. �[ � s f en] 77 Me_ Record owner's name: cret/c4 (7, , u�fl Owner's malting address: e33 Dolicia4ALITir `! r .fir 7?o Owner's telephone number. ! (3 CoL . i " ` / v Agent's name: hi - Agent's mailing address: 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 th Permit request to allow may he incompatible Owner's signature Facts paid: $ Received hy._ rent to of Teas And Ordinances of the City of Pear!and 'On a Specific Use enlist use in a business zone (OP. NS. GB), I acknowledge that such use ;ad tutu/ :! `i n properties in my vicinity. ,/ irrlrirr". Agent's signature Date.pr' a' © - Application number: ZONE R-3 ZONE R-3 CITY LIMIT IJNE ZONE SD 111.••©.••m..•.14 KING AUTHOR liuuuli'IiiI EXCALIB R S COURT 111111 posmiligramti ••• 117 / Arr ZONE R-1 55 ZONE R-1 46 36 ZONE R-1 SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING DISTRICT 56 ZONE SD Clly of Poadarid Texas BOC March 00" BndEB. Chid SFC. STEVEN C. MUM ZONE CHANGE FROM SD TO R-1 SHEET OF AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties Randy 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. I Date ii` c 20 e0 No. Date 20 No. Date 20 No. Date 20 No. Date 204r. )scribe and sworn to before me this Laura Notary Public, State of Texas President LA RA A. EMMONS ct, rt Public, State of Texas ortimission. a. • nn m • • • INo1E -AOII NUBLIc HEARING OF THE CITY COUNCILAND THE PLANNING AND ZONING COMMISSION OF THE CITY OF_fEARLAND, TEXAS .. INNo %ton me 241b day.of ApN,41000 al 6t30 P.m, the City Ceurtoil and'the Planning'and Zoning Commission of the City of Peadand Brazoda, Hams and Fort Bend Counties, Texas,, will conduct a Joint Public Hearing in the Coungil Chambers CityHall, 361g Liberty Drive, Pearland, Texas, on the request'of Steven 6 Mutb, owner, for an amendrrient io the Land Use and Urban. -Devito-mint Ordinance of said City from Claseiftcahon Suburban I •Developipent District (SD) to I Single Family Dwelling.Distdct (R-1) on ' the following; described'propem,, to Wit:-"+ A 5acre traoCbetng th@('!p 1l2 of Lot A5, Allison F'Jfo$pi; Sub i Gulf coast Home. Cg,i division; Secboq S5'l:`T# 5'0u `spive Da.Co TX dcco Yeaoidik I At said hearing all intefested parties shall-haitethe.right gt mead -OPheaad00 UjesPtned YoungLorfing City Secretary 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 2112- 20 do No Date r. 20 No. Date 20 No. Date 20 No. Date 4'20 h-eir G `t/1 President Subscribe and sworn to before me this 20 10 and Ifni -Plana Commission th..e QjW, Peadagnt Bfaagfla, ( - FortBend Ceantiea,_1 will conduct a dm(1f tle rg}g: 1:.' CI4amlf r -Liberty .- e, 5e and,: Texas; the retjuest• of Steven C. Muth, pwner, for an amendment to the hand Use and Urtian' Development 9rdinrnce of said City from Clasal1i :atlon Si grpan Development-Distdct,(80) to Single Pamilyr1 ` QWIict (R 1).:un ib t ng desgnbed p op rfp..._ - . ASaoretj+ liobit= µGulf`-,'EG?- �upd��icn 4B ORDINANCE NO. 509-457 PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of May , 2000. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of June , 2000. ATTEST: APPROVED AS TO FORM: evt,u,-11% Colte DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4