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Ord. 509-451 05-22-00ORDINANCE NO. 509-451 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 23.26 ACRES OUT OF THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS, RECORDED UNDER COUNTY CLERK'S FILE NO. T464162 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS (APPLICATION NO. 911) (VILLA VERDE, SECTION ONE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF RENEE WEST, AGENT FOR GREEN-HOLLOW, LTD., 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, Renee West, agent for Green-Hollow, Ltd., Owner, filed on February 18, 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 Ist of May, 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 2nd 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, Renee West, agent for Green-Hollow, Ltd., Owner, whereby the 3_ 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-2); 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 8, 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 Renee West, agent for Green-Hollow, Ltd., 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-2); such property being more particularly described as: 23.26 acres of the W.D.C. Hall Survey, A-23, Harris Co., Texas, recorded under County Clerk's File No. T464162 of the Official Public Records of Real Property of Harris County, Texas (Villa Verde, Section One) 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. 509-45t PASSED, APPROVED, and ADOPTED on First Reading this __ Nay ,2000. 8th day of TOM REID MAYOR ATTEST: c~NG~~ SL~'RETARY PASSED; APPROVED, and ADOPTED on Second and Final Reading this 22nd day of May ,2000. TOM REID MAYOR ATTEST: ~TY SE~RETARY ~ ~ APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 May 2, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re~ RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 911 Request of Renee West, agent for Green-Hollow, Ltd,, 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-2) on the following described property, to wit: 23.26 acres out of the W.D.C. Hall Survey, A-23, Harris Co., TX, recorded under County Clerk's File No. T464162 of the Official Public Records of Real Property of Harris Co., TX (Villa Verde, Section One) 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 Emil A. Beltz and seconded by Commissioner Charles Viktorin to recommend approval of Zone Change Application No. 911. Motion to approve passed 4 to 1. This is submitted for your consideration. Planning & Zoning Commission X Change in Zoning Classification from: SD to: ~ R-2 Change in Regulations in Section #: ~pecme use tor:* Property address: SEE EXHIBIT" A" Lot: SEE EXHIBIT "A" Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) SEE EXHIBIT" A" Tax I.D. number: 76-0590462 Proposed use of land within requested designation: 70 & 75 FOOT LOTS Record owner's name: Green-Hollow,Ltd. Owner's mailing address: 6302 BROADWAY SUITE 250 PEARLAND, TEXAS Owner's telephone number: 281-997-1500 Agent's name: RENEE WEST Agent's mailing address: 6302 BROADWAY SUITE 250 PEARLAND, TEXAS Agent's telephone number: 281-997-1500 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 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 uses on properties in my vicinity. Fees paid: $ -0-, PER ALAN i Received' ZONE SD (PUD) R-~ (PUD) FROM 8D TO R-2 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 :ulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date No. Date 20 No. Date 20 .__ No. Date No. Date 20 ¸ 20~ ~ · ' ' / P~esident )scribe and sworn to before me this Lau Notary Public, State of Texas of District: ApPLICATiON NOi 9il 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 /-3Z"//~- 20 ~o No. Date 20 No. Date 20 __ No. Date 20.__ No. Date ~20.-- President Subscribe and sworn to before me this ay of ~; / · ~j~'tm~-'7~a~e or lexas ..Hearing i~ me ~oun=l: Chamber~ ~L!berty Sec~on o~e): · NOtice 6:30'