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Ord. 509-335 10-11-99ORDINANCE NO. 509-335 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 0.950 ACRES AND BEING PARTIAL LOTS 49- 50, A.K.A. LOT 10, H.T. & B.R.R. CO. SURVEY, A-234, VOLUME 2, PAGES 23- 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 752) (13659 ROY ROAD, LOT #10) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF LANH THI BUCEK, 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, Lanh Thi Bucek, Owner, filed on February 17,1999, 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 23' of August, 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 8' 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 Lanh Thi Bucek, 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 1 (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 27, 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 Lanh Thi Bucek, Owner, 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: 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 reclassified as Single Family Dwelling District (R-1); such property being more particularly described as: Being 0.950 acres and being partial Lots 49-50, a.k.a. lot 10, H.T. & B.R.R. Co. Survey, A-234, Volume 2, pages 23-24, plat records of Brazoria County, Texas ( 13659 Roy Road, Lot #10) 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. 2 Ill. 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. 509-335 PASSED, APPROVED, and ADOPTED on First Reading this , 1999. ATTEST: day of TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11-411 day of 00t)beic-- ATTEST: , 1999. APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 TOM REID MAYOR ORDINANCE NO 509-335 September 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 752 Request of Lanh Thi Bucek, 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: Being 0.950 acres and being partial Lots 49-50, a.k.a. Lot 10, H. T. & B. R.R. Co. survey, A-234, Vol. 2, pgs 23-24, plat records of Brazoria Co., TX (13659 Roy Rd, Lot #10) 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 Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to recommend approval of Zone Change Application No. 752. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, atAA ti/IRK) Mary Starr, C . firman Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: 5 D to: R- 1 Change in Regulations in Section #: Specific Use for: * k,JIL1 &_14.10 Adilki1 ti". _.I/L) Property address: 1&(25ci Ro Li RcL-I 4 .ce -4i V ct ---1(` 773) Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: \7 \e, - t� Record owner's name: _an h I U %1 3t c e Owner's mailing address: 13 5q RQ( i --Road( ( 1 - ii- 1 b Owner's telephone number: 09.81- L/I - l p OB Agent's name: t1 4_ Agent's mailing address: 00 Agent's telephone number: aA PETITION: As owner/agent, 1 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 signature: ( N4 ' \ 0)o U, V, Agent's signature: Kly - Fees paid: $ t Date paid: - 17 —Cf9., Received by: iljAilhd Application number: /16 d. 17 ZONE II 1111 ki° 43BIN SOUND 0111111 DC ZONE R-1 BLOB 19 10 BLao 13659 ROY ROAD 200' (.) ZONE SD ZONE SD D O 0 ROBIN MEADOW 5 B OCK SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT SHARON DF ZONE SD City of PsaAand, Texas LANH TMI BUCEU ZONE CHANGE FROM 8D TO R-1 App. Ns.:752 ods MARCH, 1999 0.. UrJ.E.B. CAW k D. SMITH CAO FLO 99-8083 SHEET OF 1 f AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 tate of Texas razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published 1 Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general irculation in Brazoria and Harris Counties, for / issues, as follows: No. 1 Date /`,( - 19 No Date 19 No. Date 19 No. Date 19 No. Date 19 ibscribe and sworn to before me this day of /off M1II••• PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING ,AND ZONING coallisiOtt OF THE CITY OF PEARLAND, TEXAS Notice is he by given that on the 23i I t of August, 1999, t 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Peartand, Brazoria and Harris Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Peadand, Texas, On the request of Lanh Thi Bucek, owner, for 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 described prope. y, to wit: Being 0.950 acres and being partial tots 49-50, a.k.a. Lot 10, HT & B RR Co. survey, , vol 24$11i 1114,$* at i1111i Co., TX .Md Mimi.Wooistst ernes shall have the right nd opportunity to appear and e heard on the subject... 4, • AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general -culation in Brazoria and Harris Counties, for / issues, as follows: - No. / Date 1/ 19 No. Date 19 No Date 19 No Date 19 No. Date 19 ibscribe and sworn to before me this 2 President day o Notary Public, State of Texas MIRY BLIC HEARING OF THE ITT COUNCIL AND THE LANMING AND ZONING OMMISSION OF me CRY F PEARLAND, TEXAS otice is hereby given that on he 23rd day of August, 1999, t 6:30 p.m., the City Council nd the Planning and Zoning. ommission of the City of eadand, Braona and Hants les, Texas, will conduct Joint PublicHearing in the uncil Chambers, City Hall,` 519 Liberty Drive, Pearland, exas, on the request of Leith hi Bucek, owner, for an mendment to. the Land Use nd Urban :Development rdinance of said City from [ossification Suburban. evelppment (SD) to Single amily Dwelling DiShict (R-1) n the Mowing described Awa:` 0.950 acres and being rtial: lots 49-50, ak,a. Lot 0, HT & B RR Co. survey, 34, Vol. 2, pgs. 23-24, pia *words of Brenda Co., TX 13659. Roy Road t-ot #10)- nanisall liNtrealed arties shalt have the right nd opportunity to appear and heard on the subject.