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Ord. 509-482 08-14-00 ORDINANCE NO. 509-482 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 1.00 ACRE TRACT OF LAND OUT OF LOT 41, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 927) (HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF DEBBIE CORSON, 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, Debbie Corson, Owner, filed on May 5, 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 26t~ of June, 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 18t~ day of July, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Debbie Corson, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit 'W' 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 July 24, 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 Debbie Corson, 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 reclassi~ed as Single Family Dwelling District (R-l); such property being more particularly described as: A 1.00 acre tract out of Lot 41, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazorja County, Texas (Hughes Ranch Road) 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. 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. 509-482 PASSED, APPROVED, and ADOPTED on First Reading this 24th day of July ,2000. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14thday of August ,2000. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN COKER CITYATTORNEY CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: %~ to: __ Change in Regulations in Section #: · Specific Use for: Property address: Lot: ¢/ 4~AeGk:,~%7;',/CZ/ a) ~ : Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D, number: Proposed use of land within requested designation: Recerd o ners name: Owners telephone number: Agenrs name: Agent's mailing address: Agenrs 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 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, Received b . Application number: 23 24 LLI ILl ZONE SD '-J 25 ZONE SO 26 R- 1 (340) 39 R- 1 (403) R- 1 (389) R-1(327) -1.00 ACRE ('~P,) ZONE SD HUGHES RANCH RD. ZONE SD R- 1 (433) R-1(426) 42 ZONE SD I R-1(391) ~, R-1(402) R-1(392) 0 ~: n- Z 57 R- 1 (4-05) (39) o R-1 4- ~ R-1 (4-22) 0 ~ R-1(424-)38 ~E R-1(4-29) AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a 8ewspaper of general circulation in Brazoria and Harris Counties, for / 'issues, as follows: NO. / Date JLA,k~ r') 20 (:b No. No. No. Date Date Date Date 20 20 20__ ~2o-- ~ubscribe and sworn to before me this 2 Notary Public, State of Texas AFFIDAVIT OF PUBLICATION The Friendswood Reporter News RO. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties ' I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for [ issues, as fo31ows: No. No.¸ Date Date Date Date Date ! 6-zq 20:~) 20__ 20 20__ President ~ubscribe and sworn to before me this _~0 60 ' L~~"~"t'~,~9~,~~~ ~\ AURA A. EMMON8 ~,' 'N~tary ~bli0, State of Texas Laura Ann Em bns, ~U~er No~a~ Public, State of Texas July 18, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATON NO. 927 Request ofDebbie Corson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Devdopment District (SD) to Single Family Dwelling District (R-l) on the following described property, to wit: A 1.00 acre tract of land out of Lot 41, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX (Hughes Ranch Road) Honorable Mayor and Counc'd Members: At a regular meeting held on July 17, 2000, aRer a Jo'mt Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to recommend approval of Zoning Application No. 927. Motion to approve passed 5 to O. This is submitted for your consideration. Sincerely, ~),A/(fijo M~~ta~,Chairman Planning & Zoning Commission