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Ord. 509-315 08-23-99ORDINANCE NO. 509-315 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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS(APPLICATION NO'S. 738, 739, 740, 741, 748, & 754) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, 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, the Owners have filed 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 26th day of July, 1999, 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 3"d day of August, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by the owners, 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 (R-1); and; WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the 1 City Council considered this application, and concurred with the recommendation of the Planning and Zoning Commission, at a regular meeting on August 9, 1999, 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 the owners, facts were 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 in the City Limits of the City of Pearland, Brazoria County, Texas, 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 (R-1). 1. Application 738: Jesus Gonzalez 1526 S. Gordon Road Alvin, TX 77511 A parcel containing 3.751 acres, more or less, the South 1/2 of Tract 26, save the west 225 feet out of a 10.0 acre tract, recorded in Volume 1084, Page 108, deed records of Brazoria County, Texas (13122 Suburban Garden Road) 2. Application 739: Jesse Gonzalez 7933 Brays Houston, TX Being 2.00 Acre in the northwest corner of Lot 9, Allison Richey Gulf Coast Home Co. Subdivision, Section 7, H.T. & B.R.R. Co. Survey, A-219, deed records of Brazoria County, Texas 3. Application 740: Alvin E. & Ruth L. Ziebo 5917 Patridge Pearland, TX 77584 Being the West 1/2 of Lot 17, Block 2, Wagon Wheel Addition, Section 14, H.T. & B.R.R. Co. Survey, A-509, recorded in Volume 8, Page 79, plat records of Brazoria County, Texas (5917 Patridge) 4. Application 741: Mike Whaley 2 5515 Robin Sound Pearland, TX 77581 Lot 11, Block 2, Robin Cove Subdivision, as recorded in Volume 18, Page 159, plat records of Brazoria County, Texas (5515 Robin Sound) 5. Application 748: Terrence E. & Patricia A. Snyder 2120 Kilkenny Drive Pearland, TX 77581 Lot 3, Block 17, West Lea Subdivision, H.T. & B.R.R. Co. Survey, A-546, according to the plat records of Brazoria County, Texas (5402 Heron Lane) 6. Application 754: Armando & Emilia Jimenez 5902 Marsha Lane Pearland, TX 77581 Lot 1, Block 8, Hickory Creek Place Subdivision, Section 7, H.T. & B.R.R. Co. Survey, A-219, recorded in Volume 11, Pages 1 & 2, plat records of Brazoria County, Texas (5902 Marsha Lane) 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. 3 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. 04--11 PASSED, APPROVED, and ADOPTED on First Reading this `� day of 0 JT , 1999 ATTEST: 4 TOM REID MAYOR ORDINANCE NO. 509-315 PASSED, APPROVED, and ADOPTED on Second and Final Reading thisO( day of , 1999. ATTEST: APPROVED AS TO FORM: /k( DARRIN COKER CITY ATTORNEY 5 TOM REID MAYOR 3 August 1999 Mayor & City Council members: City Hall Pearland, TX 77581 RE: Zoning Application Nos. 738, 739, 740, 741, 748, and 754 The above referenced zone change applications were reviewed by the Planning & Zoning Commission at a regular meeting on Monday, August 2, 1999. The owners requested an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Single Family Dwelling District (R-1) on the following properties, to wit: Application No. 738 Owner: Jesus Gonzalez 1526 S. Gordon Road Alvin, TX 77511 Legal: Application No. 739 A parcel containing 3.751 acres, more or less, the S 1/2 of Tract 26, save the W 225 ft. Out of a 10.0 ac. Tract, recorded in Vol. 1084, Pg. 108, deed records of Brazoria Co., TX (13122 Suburban Garden Rd.) Owner: Jesse Gonzalez 7933 Brays Houston, TX Legal: Being 2.00 ac. in the NW corner of Lot 9, Allison Richey Gulf Coast Home Co. Subdivision, sect. 7, HT& B RR Co. survey, A-219, deed records of Brazoria Co., TX Application No. 740 Owner: Alvin E. & Ruth L. Ziebo 5917 Patridge Pearland, TX 77584 Legal: Being the W 1/2 of Lot 17, Blk. 2, Wagon Wheel addition, sect. 14, HT& B RR Co. survey, A-509, recorded in Vol. 8, pg. 79, plat records of Brazoria Co., TX (5917 Patridge) Application No. 741 Owner: Mike Whaley 5515 Robin Sound Pearland, TX 77581 Legal: Lot 11, Blk. 2, Robin Cove subdivision, as recorded in Vol. 18, Pg. 159, plat records of Brazoria Co., TX (5515 Robin Sound) Application No. 748 Owner: Terrence E. & Patricia A. Snyder 2120 Kilkenny Drive Pearland, TX 77581 Legal: Lot 3, Blk. 17, West Lea subdivision, HT&B RR Co. Survey, A-546, according to the plat records of Brazoria Co., TX (5402 Heron Lane) Application No. 754 Owner: Armando & Emilia Jimenez 5902 Marsha Lane Pearland, TX 77581 Legal: Lot 1, Blk. 8, Hickory Creek Place subdivision, sect. 7, HT& B RR Co. survey, A-219, recorded in Vol. 11, pgs. 1&2, plat records of Brazoria Co., TX (5902 Marsha Lane) The motion was made by Commissioner Tommy Scott and seconded by Commissioner Emil Beltz to approve the applications listed above. The motion to approve passed with a vote of 5 to 0. Please read this information into the official records of the City of Pearland and provide a written copy to the City Secretary for the same purpose. Sincerely, Mary St rrr, Chairperson Planning & Zoning Commission City of Pearland CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: ,;'p to: Arar Change in Regulations in Section #: Specific Use for: * Property address: i Lot: Z6 Block: t Metes & Bounds Description: (unplatted property only; attach survey) ._ Subdivision: Tax I.D. number. Proposed use of land within requested designation: e t' Record owner's name: Owner's mailing addrs: i.j �' cf C TGe,ti ,��•l • Owner's telephone number. ter-. Agent's name: Agent's mailing address: 1 Th 1 Ck Agent's telephone number. V \ ' C` PETITION: As owner/agent, I hereby petition the City for approval of the above described as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific U Permit Use request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible withcurve rind future uses on properties in my vicinity. Owner's signature; Fees pal Received 92_,P!try j,!s Agent's signature: r I C` Date paid: Q*� /C/l Application number: /// 3 D ZONE R-1 SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: 1S to: k 1 Change in Regulations in Section #: Specific Use for. * 3a►7 - Property address: ( 2 ( 3 a Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) 44Q..Q N"1 Tax I.D. number. Proposed use of land within requested designation: Record owner's name: c'=S5f 2 Owner's mailing address: 33 (-7s • Owner's telephone number. ?! 5- 1�„ - y t j S f Agent's name: 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 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. Owner's signatur Fees paid: $ Received by' • Agent's signature: (\ C Date paid: — ` -q A Application number: SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT 8 ZOE 9D 9 10 11 12 13 ZONE R-1 ZONE R-1 City of Psslsn4 Texas JEWS GONZALEZ ZOM CHANGE FROM BD TO R-1 App. x.+739 OWN NORM •.400' WM' sr a11a 101111 11111.6 >hkd 4 O. 314M4 99-1101 OF 1 *am MRK 1999 b*8PJ.E.11. 1 ti<a $,,;;r r' > < '' ' • `. • . x '�<'s r ....„,,,,,,,.,,,A. XChange in Zoning Classification from: SD to: Change in Regulations in Section #: Specific Use for: * Property address: SI /1 /- Lot:a y1 11' Block: Subdivision: It) el U/ e el . Metes & Bounds Description: (unplatted property only; attach survey) l v k Tax I.D. number: NIA. Proposed use of land within requested designation: % ---h'111 WQ r, (L. Record owner's name: kw I/ E. .2, Pu+A L Owner's mailing address: "9 // Pec --M t 3:621/6 : sg A Q, fttame( fix 1116"2f (, Owner';, telephone number: a g i - v8 dF- g s--6- Agent's name: N 1_1- Agent'smailing address: NI fk. Agent's telephone number: i\\ fv--. • PETITION: As owner/agent, l 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. 1 Owncr'ssignature: sa-4.;,c.G .. r � Agent's signature: N Date paid: D-- l go\ Fees paid: $ 14A- Received by: l': t nin...�..... e -f --A+lit�CUn 0 O Ir >-- w 1 BLOC K 5 5 ZON E R- 1 13 BECKY LN. 1 5 Qf cP 10 12 24 20 BLOC K 4 JERRYCREST DR. 1 5 BLOCK 3 10 ZONE 12 SO 24 ZONE SO 200' ice•) Z0111E R-1 _� 1 24 ZONE R-1 12 13 d it 9 co 0 J 03 5 1 ZON SO P SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT !L Change in Zoning Classification from: S b Change in Regulations in Section 1: Specific Use for: * to: k Property address: 55i Ro6111.1�� Lot: / / Block: Z. 1 Subdivision: 104',/ eove_, Metes d_ Bounds Description: (unplatted property only; attach survey) lawe /9/ /5-9 e4) 53 It3'2,0 Tax I.D. number: L/5 -7-13-8 X3-8 �tJ Proposed use of land within requested designation: / Y,t °CZkaik Receyord owner's name: pike W/ice Owner's mailing address: 55/6- £bfd Owner's telephone number: 2-9/- L/-95 - 68440 4 Agent's name: Agent's mailing address: ;jfyyj`C Agent's telephone number: .fil(,E 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 u in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible with ct;rrent aynd ture uses on properties in my vicinity. Owner's signatu Docs paid: $ Received by: Agent's signature: 11\)0. Date paid: 2— ��P�iCcauon�u 1 ZONE SD ZONE SD 9 49 200' Com-) SHARON DR. Air 9 sou 10 DD D 9 9n 10 ROBIN MEADOW 3- z 0 SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT ZONE SD 0 0 0 >- 10 5515 ROBIN SOUND ZONE SD FROM C I7Y CW PEARLkN j FAX NO. : kJ_..I 15-:1+!•.•-4; nu r c tt CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3J3f96 Feb. 11 1999 11: 49At1 P2 f 7 ti 1 y .J 1\ 1J . L".'; . V L t/ Change in Zoning Classification from: C to: k. 1 Change in Regulations in Section #: Specific Use for: Property address: E140?.. Imo L m N g Lot: 3 S!odc: 1'7 Subdivision: Proposed use of land within requested designation: Pig / re" Record owners tarns: Ra chic t3 Pfi'f'R IC, t >a► �. SNtiafe Owns mailing address: a, Ix() )4 1 L NA1y b Q. f 2g L b i )? 6 V Owners telephone number: -$//- of » - d D j Agent's name. Apant's mailing address: Agent's telephone number: PETITION: As ownasagent, I hereby petition the City for provided by the laws of the State of Taxes and Ordinancesa of a of the above described Specific as Penni request to allow a of the CKy of F'eariand. 'On a Bpeaaic Use residential use in a business zone (OP, NS, G8), I acknowledge that such use may be incompatible with cement and future uses on properties in my vicinity. Owner's signature: Fon Pod: $ N C Agent's signature: n /a Oate paid: ? R Appfoatbn number: d Q . J W CITY LIMIT UNE ZONE SD 7 HERON LN. ZONE SD 1 200' () 6 7 ZONE SD 5 4,3 6* -OG 10 HERON '5402 200 (•) X12 BAILEY 5 ROAD 0-6 ETJ UNE (100' STRIP) SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT CITY LIMIT UNE C;CCY ur- PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: SD to: Change in Regulations in Section #: Specific Use for. ' Property address: 5 c/o m G canSZ- 4, Lot: ' Block: e 1 • Subdivision: TT) C'_ kd k C. k �� Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number. Proposed use of land within requested designation: Record owner's name: OuL,rylet„tcpa, Owner's mailing address: 6 D }-y 6 Owner's telephone number. OA' / _ 4 cps- _ 6 £ a "2 Agent's name: 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 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), 1 acknowledge that such use may be incompatible with ent and future uses on properties in my vicinity. • Owner's signatur .„e_y(ek /,z.--.2',144o.,Agent's signature: i Fees $ j e igq Date paid: Cif �( /� '-jv/ paid: Received •411111k• ,•�...,�� Application number: -754 __.- 38 39 SD 5 15 ZONE R-1 15 5 ZONE R-1 ZONE SD 111111 ti� 10 MARSHA LANE 6 Q /- ■� ■ 14 ,�., . 10 10 KELLY LANE 1212 SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT