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Ord. 509-530 09-18-01 ORDINANCE NO. 509-530 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 173.496 ACRES, H. T. & B. R.R. CO. SURVEY, SECTION 81, A-300, BEING ALL OF THE SW 1/4 OF SAID H. T. & B. R.R. COMPANY SURVEY, SECTION 81, TOGETHER WITH ALL OF LOT 5, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED IN VOLUME 2, PAGE 98, MAP RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 984)(DALLAS ROAD (CR 59)) FROM CLASSIFICATION SUBURBAN DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES JOHNSON OF LINGO PROPERTIES, INC., AGENT FOR LARRY BRIGGS, OWNER, PROVIDING FOR AN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, James Johnson of LinGo Properties, Inc., Agent for Larry Briggs, Owner, filed on June 21, 2001, 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 13th of August, 2001, 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. 509-530 Ordinance No. 509; and WHEREAS, on the 16th day of August, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, James Johnson of LinGo Properties, Inc., Agent for Larry Briggs, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban 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 August 27, 2001, 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 James Johnson of LinGo Properties, Inc., Agent for Larry Briggs, 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 District (SD) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-2); such property being more particularly d~cribed a~: 2 ORDINANCE NO. 509-530 173.496 acres, H. T. & B. R.R. Company Survey, Section 81, A-300, being ail of the SW 1/4 of said H. T. & B. R.R. Company Survey, Section 81, together with all of Lot 5, Allison Richey Gulf Coast Home Company Subdivision, as recorded in Volume 2, page 98, map records of Brazoria County, Texas (Dallas Road (CR 59)) 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 3 ORDINANCE NO. 509-530 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. Declaration of Emergency, The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. VIII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First and Only Reading this 18 day of September, 2001. TOM REID MAYOR 4 ORDINANCE NO. 509-530 ATTEST: Y S~CRETARY APPROVED AS TO FORM: D'~'~'N'COKER ' ' CITY ATTORNEY 5 August 16, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 984 Request of James Johnson of LinGo Properties, Inc. agent for Larry Briggs, 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: 173.496 acres, H. T. & B. R.R. Co. survey, Section 81, A~300, being all of the SW 1/4 of said H. T. & B. R.R. Co. survey, Section 81, together with all of Lot 5, Allison Richey Gulf Coast Home Co. Subdivision, as recorded in Vol. 2, pg 98, map records of Brazoria Co., TX (Dallas Road (CR 59)) Honorable Mayor and Council Members: At a regular meeting held on August 13, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Todd looeo and seconded by Commissioner Robert Seherrer to forward Zoning Application No. 984 to City Council for denial. Commissioner Ioceo stated that his reason is that there are no roads or infrastructure, and he was concerned about whether or not the developer would help pay for the improvements. Commissioner Ioeeo also stated that he would prefer R- 1 zoning. Commissioner Seherrer's concern is the traffic situation and he stated that it would be too dangerous for the citizens. Motion to deny failed 2 to 2. (Commissioner Iocco and Commissioner Scherrer voted for the motion to deny, and Commissioner Selemon and Chairman Viktorin voted against the motion to deny) This is submitted for your consideration. Sincerely, H. Charles Viktofin, Chairman Planning & Zoning Commission CITY OF PEA ,AND ID:715-485-8764 JUN 19'01 9:09 No,O05 P.02 CITY OF PEARLAND ZONE CHANGE APPLICATION revised e in Zonin~ Classification from: _ SD , to: ,..R-3 Change in Regulations in Section #: ,,. , . ,,L Specific Us~ for: * .... Pr0pv~y a~,,~a: ,CR 59 Pearland, Texas Abstract 300 Sect. 81 ] Allison Richey Gulf Coast Hc~ Lot: 5 Blo0k: , I Subdivision: Co. Subdivision Metes & Bounds D~rlption: , (unplattcd property only; a(tach $ ,~wey) Survey Attaqhed .... , ,, Tax LD. number: 76-0400676 Current u~e of land: Ag, ricu~.,tural, Proposed use of land within r~,quested d~ignation: Sinqle Family Residential R~or~ OWl~f$ na~e: Larry Briggs O~er's mail~g ,4al_tess: 1330 Post Oak Blvd., Suite 1600 - Houston, Texas 77056 Owl~?r's t~l©~hon~ number: 713/963-4660 ~Ag~nt',~am~: LinGo Properties, Inc. ,James Johnson~ Aqent ...... Agen~smail~gaddm~s: 17225 E~ Cami~? Real, Suite 347 T Houston. Texas 77058 Agenfa t~l~phono number: 281/286-2290 PI~TITION: As owner/ag:hi, I hereby pelition the City fbr approv.si, of tho above described r~uest as providedbytheiawsofthoStatoofTexasandOrdinan¢~oftheci~ofPeafland. *OnaSpecifioUse ?~rmit request to allow a residential uso in a business zone (OB, NS, GB), I aeknowl~§e lkat such us~ may be lnco, mpatible w ~h c ,~9~1~ro ~s~s on..p~penles in my vioini~. J~':'~ ~J m , ' zone S i i __~L~-~ ~ zone s. ~ ~ [ ~ ......... ~one~ ~,~" ~ [ ~ ~SD ~ ~:%~, zon~s~ ~ ~ ~ FROM w E SD TO R-3 Application NO. 984 ~ Lar~ Briggs o7/~5~o~ 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 "]- ~ 20 o/ No. Date 20 __ No. Date 20 __ No. Date 20 No. Date 20 -- Pres,dent .~ubscri.be and sworn to before me this 2_(= mdayof OAd~ . ~_o PI ?z m~t' from the i t~ ~:&~ with' a! of Ct .5: AFIFIDAYjT OF ?UBLICATjON " 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 ~-// 200] No. Date 20 __ No. Date 20 __ No. Date 20 __ No. Date 20 -- Subscribe and sworn to before me this '7 day of~'/¢~ ~6r~:~~&,9~ner N~i~ i[~herbby given tli~f?' od.the ,13th; da~ of :A~Lg~ rBrl ether Co. alt ir~te~est-~,