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Ord. 509-327 09-27-99ORDINANCE NO. 509-327 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 LOT 13, BETHEL ESTATES SUBDIVISION, SECTION 2, OUT OF A 25.9538 ACRE UNRECORDED SUBDIVISION, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & R.R. CO. SURVEY, A-234, BRAZORIA COUNTY MAP RECORDS (APPLICATION NO. 736) (13860 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE ALBERT & GLORIA MELGOZA, OWNERS, 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, Albert & Gloria Melgoza, Owners, filed on January 28, 1999, 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 7th day of September, 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 8th day of September, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Albert & Gloria Melgoza, 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 1 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 13, 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 Albert & Gloria Melgoza, 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 within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development (SD) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1); such property being more particularly described as: Lot 13, Bethel Estates Subdivision, Section 2, out of a 25.9538 acre unrecorded Subdivision, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-234, Brazoria County map records (13860 Stone Road) ll. 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. 2 lll. 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. 3 ORDINANCE NO. 509-327 PASSED, APPROVED, and ADOPTED on First Reading this l day of ATTEST: , 1999 TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this oil thday of Septi -AM , 1999. APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 TOM MAYOR ORDINANCE NO 509-327 September 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 736 Request of Albert & Gloria Melgoza, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Surburban Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: Lot 13, Bethel Estates subdivision, Section 2, out of a 25.9538 acre unrecorded subdivision, Allison Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-234, Brazoria Co. map records (13860 Stone Road) Honorable Mayor and Council Members: At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Vice -Chairperson Tommy Scott and seconded by Commissioner Todd Iocco to recommend approval of Zone Change Application No. 736. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning & Zoning Commission CITY OF PEARLAND;. ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: Change in Regulations in Section #: Specific Use for: * SD to: - Property address: / 3 3 /0 0 S 7 & - eV/4- Lot: V/- Lot: 13 Block: .5EG I Subdivision: B r e 5 69 7rc Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: Res ii;oe—A)&-- Record owner's name: f L P 612—i 4G/06A VIA ,-= 1, Z 1 Owner's mailing address: a Co wood E �] �J �J lII D7 7 7S7 Owner's telephone number: Agent's name: Agent's mailing address: 1-7/3- 936- 13413- Agent's 3&/$ 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. A Owner's signature: Fees paid: $ Received by: Agent's signature: fl la Date paid: Application number: '� JO ZONE SD ZONE SD 39 („'P) 40 ZONE SD HUGHES RANCH RD. 41 42 STONE ROAD 5 W. CLIFF STONE RD. 2102 STONE ROAD w J SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT 58 City of Rowland, Texas ZONE CHANGE FROM 8D TO R-1 SHEET :,-_,°°VERT '1' I 1 CAD flLE: or O. SMITH 99-8085 OF 1 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 - 2_3 19 '�1 No. Date 19 No Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 Z �l da yof \'�1\\1J�:\�\\11•x'\'\1•\1\\L�\' Commission 02 1: ddi . MONS • , r — 111 1 a e 0 isher exas FARING OF THE CrT1 UNCIL AND THE.PLAN ING AND ZONING COM ISStON OF THE CITY D. TEXAS is hereby given that on 1 $ d` onroission of the City of earland, Brazoda and Harris Mies, Texas, will conduct Joint Public Hearing in the ndt .Chambers, City Hall, 19 Eberly: Drive,'PearMncli ties, on the request of berto & Gloria;Malgoza, er, for an amendment. to Lend Use and Urban, velopment Ordinance' of City from Classification rban Development (SD) Single Family Dwelling (R-1) on the. following property, to wit: 18 ac. tract known as 13, Bethel.subdi°visioh, 2,of a 25,9538' ac. recorded subdivision,. Wen Richey Gulf Costa Co. subdivision; .sect., 9, HT & B AR Co. survey, A- 43, Brazoria Co. Map' ecords (13860 Stone Rd.) said hearing as interested arties shall have the right and opportunity to appear and heard on the subject. 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 4. 26 19 575 No. Date 19 No. Date 19 No. Date i9 No. Date 19 Subscribe and sworn to before me this 19 qq grfrniki, President day of Iisher Notary Public, State of Texas HEARINGOF THE CITY OUINCIL AND THE PLAN - NG AND ZONING COM- ISSION OF THE CITY OF ARLAND, TEXAS lice is hereby given that on 12th day of July, 1999, at 0 p.m., the City Council the Planning and Zoning mmission of the City of rland, Brazoria and Hams nties, Texas, will conduct 'nt Public Hearing in the ncil Chambers, City Hall, 9 Liberty Drive, Pearland, as, on the request of rto & Gloria Melgoza, r, for an amendment to Ladd Use and Urban lopment Ordinance of ffrom Ctaaelp on ; 'Development (SD) to Fatally Dwelling R-9 Oh he follow property, to wit recorded `sUbdi l !Oslo Rlehey Gulf Coaat ome Co. subdivision, sect. 9,HT&BRRCo. survey, A- 43, Brazoria Co. Map ecus (13860 Stone Rd.) said hearing all interested rties shall have the right opportunity to°appear and Ardenthe;subject.