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Ord. 509-678 10-13-03ORDINANCE NO. 509-678 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 0.7023 ACRES OF LAND, BEING LOT 3 OF AN UNRECORDED SUBDIVISION OF 9.83 ACRES OF LAND, BEING LOT 20 OF THE ALLISON RICHEY GULF COAST HOMES SUBDIVISION IN SECTION 9, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 234, BRAZORIA COUNTY, TEXAS (2001 MAX ROAD) (APPLICATION NO. 1124) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF YASMIN ALLAHAR WAXALI, 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, Yasmin Allahar Waxali, Owner, filed on July 31, 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 15t"of September, 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 18th day of September, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council 1 ORDINANCE NO. 509-678 regarding the proposed amendment application by Yasmin Allahar Waxali, 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-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 September 29; 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 Yasmin Allahar Waxali, Owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT 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: 0.7023 acres of land, being Lot 3 of an unrecorded subdivision of 9.83 acres of land, being Lot 20 of the Allison Richey Gulf Coast Homes Subdivision in Section 9, H.T. & B.R.R. Company Survey, Abstract 234, Brazoria County, Texas (2001 Max Road). 2 ORDINANCE NO. 509-678 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. 509-678 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 29th day of September , 2003. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-678 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day of October , 2003. ATTEST: /Ai % _ ✓ I1Gl,.,, RETAR APPROVED AS TO FORM: OLL— DARKIN M. CO ER CITY ATTORNEY TOM REID MAYOR 5 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Please check one: Si Change in Zoning Classification from: 6 D to: I� i (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: Subdivision: Lot: Tax I.D. Number: 0- 3 Li O D ©'3 RJ F 1?1=1 2c_ Pt ►� I 7—t L % Block: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): ' Proposed use of property: >L 1L 4 : Li PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME T 1 N ALL f2 1 R2 t'cX t L 1 NAME ADDRESS v 1 A- R-D ADDRESS CITY P E i<t STATE '1-�- ZIP % 7, 5k 1 CITY STATE ZIP PHONE( 1 ) 9 ' -7 — s PHONE( ) FAXU FAX�� E-MAIL ADDRESS E-MAIL ADDRESS 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 this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Date: -7- ?a t- • n - Agent's Signature: Date: OFFICE USE ONLFEEs PAID: id 17,500 DATE PAID: %/31/03 RECEIVED BY: APPLICATION NO. I I (9- 41-' II Pr Ill 1 1 a c� = Northgrove CT 1:1:4111111 CR 560 W Cliff Stone RD x 1 v LOCATION MAP 0 200 400 Feet Zone Change Application No. 1124 N ' I J Owner: Yasmin Allahar Waxali W+E 2001 Max Road s (SD - R1) September 18, 2003, Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1124 Honorable Mayor and Council Members: Request of Yasmin Allahar Waxali, 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: Legal Description: 0.7023 acres of land, being Lot 3 of an unrecorded subdivision of 9.83 acres of land, being Lot 20 ofthe Allison Richey Gulf Coast Homes Subdivision in Section 9, H.T. & B.R.R. Company Survey, Abstract 234, Brazoria County, Texas (2001 Max Road) At a regular meeting held on September15, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1124 to City Council for approval with a second made by Commissioner Ruby Sandars. Motion to approve passed 5-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: Yasmin Allahar Waxali 2001 Max Road Pearland, Texas 77581 Applicant: None Page 1 of 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Randy Emmons, hereby certify that the notice hereby pended was published in Brazoria and Harris Counties in THE REPORTER. NEWS, circulation in Brazoria, Harris &Galveston Counties, a newspaper.of general for issues, as follows: No. 1-_-- Date No. Date No. Date No. Date No. Date ubscribe and sworn to before me this LAURA ANN EMMONS Notary Public, State of Texas , • +r,�•�.+' Commission Expires 09 09 2006 • • 20 03 20 20 20 20 President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No.1124 Published 08/27/03 & 09/03/2003 Published Aug. 27 and Sept. 3, 2003 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 15th day of September, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris 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 Yasmin Allahar Waxali, owner, for an amend- ment to the Land Use and Urban Development Ordinance of said Cityfrom Classification Suburban Development District (SD) to. Single Family 'Dwelling District (R-1) on the following described property, to wit: 0.7023 acres of land„ being Lot 3 of an unrecorded subdi- vision of`9.83 acres ofland, being Lot 20 of -the Allison Richey Gulf ' Coast Homes Subdivision in Section 9, H.T. & B.R.R. Company Survey, Abstract 234, Brazoria County,' Texas (2001 Max Road): At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa G rahmann. Planner I- APPLICATION NO. 1124 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, Harris & Galveston Counties, for / issues, as follows: No. / Date /"3 20O3 No. Date `20 No. Date No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 20 day of Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1124 Published 08/27 & 09/03/2003 Published Aug. 27 and Sept. 3, 2003 NOTICE OF A JOINT PUBLIC NEARING OF THE CITY COUNCIL AND THE PLANNING 120W-10 COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 15thday of September, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission .of the City of'Pearland, in Brazoria,' Harris 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 Yasmin Allahar WaXali, owher, for an amend- Tent Jo the Land Uge and, ,UrbanDevelopment Qrr� mange of said City fromt Iaaaltia tton Suburban De strict:(SD):to Sle #'Fatty t4weilitg District tR-1) the following scribed progeny, to wit =r' o.7023 L. It( Richey Guti �eaet 4Rtes,; Subd4tjsio ' Abstract County, Road) At said !teak fderested parties shall eJhe right and opportuf appear and be head bct: /s/ Theresa Grahmann Planner I APPLICATION NO. 1124