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Ord. 509-339 10-11-99ORDINANCE NO. 509-339 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 LOT3, 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 (APPLICATION NO.787) (6202 JERRYCREST) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN C. COLE, 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, John C. Cole, Owner, filed on April 1,1999, 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 231'i 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 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 John C. Cole, 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 (R-1); 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 John C. Cole, 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: 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: Lot 7, block 3, 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 (6202 Jerrycrest) 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 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. 509-339 PASSED, APPROVED, and ADOPTED on First Reading this a-r "day of S.p-kxnber , 1999. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 1 I+h day of O +o 1!)-e,v ATTEST: APPROVED AS TO FORM: , 1999. ctAA.;,- .1()A- COOL/A_ DARRIN COKER CITY ATTORNEY 4 TOM REID MAYOR ORDINANCE NO 509-339 September 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 787 Request of John C. Cole, 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: Lot 7, Block 3, Wagon Wheel addition, Section 14, H. T. & B. R.R. Co. survey, A-509, recorded in Vol. 8, pg 79, plat records of Brazoria Co., TX (6202 Jerrycrest) 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. 787. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, slotAA mitp Mary Starr, Chairman Planning & Zoning Commission Change in Zoning Classification from: to: Change in Regulations in Section !l: Specific Use for: * Property address: Lot: ©(), sL I� �/ C_.. iq J 5 7 ; PL ftR L /D� T, © Subdivision: ,j f Block: 3- [cs�.5 `�� f}Csi p W Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: 1' 5�- Record owner's name: O /)iv C. L L Owner's mailing address: 9 0-6 P / P 4 i� / 1 �L /}R L. /9i(.D1 % X 7 / �� Owner's telephone number: /J 8 9 © 3 7 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 inay be incompatible with current and future uses on properties in my vicinity. Owner's signature: 6 Ices paid: $ Receive by no - Agent's signature: Date paid: i 99 pj.1C2�t10i 11 B EC KY LN 1 �'1 526711.1111/1 24 11511111111111111 JERRYCREST 1 5 EC: 24_CK3______ , ' - �LARRYCREST D SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT CKy of Pserlend% Texas JOHN C. COLE ZONE CHANGE FROM SD TO R-1 Haa:1 •_2Q' aoRLD 99-8131 SHEET OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 state 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 I'I irculation in Brazoria and Harris Counties, for / issues, as follows: No. 1 Date //al 19 No. Date 19 No Date 19 No. Date 19 No. Date 19 5--ki mo President abscribe and sworn to before me this 5 day of PUBLIC ,#(frARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLANO, TEXAS Notice is hereby given that on the 23rd day of August,1999, at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Peadand, 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 John . Cole, owner, for an amend- ent to the Land Use and Urban, Development Ordinance of. said City from Classification Suburban i Development (SD) to Single Family Dwelling District (R-1) on the tOHowing described property; to wit: Lot 7, Blk. 3, Wagon Wheel addition, sect. 14, HT& B RR Co. survey, A-509, recorded in Vol. 8, pg. 79, plat records of Brazoria Co., TX (6202 7 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties dandy 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 bscribe and sworn to before me this qg President day of Public, State of Texas BUC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on 23rd day of August, 1999, 6:30 p.m., the City Council ,the Planning and Zoning mmission of the City of Brazoria and Harris Tom, will conduct Joint Public Hearing in the Chambers, City Hail, 19 Unity l Drive, Portend, an the request of John Cole, owner, for an amend- nt to the Land Use and an Development` ance 9f said City from iassificaticn Suburban velopment (SD) to Single amity Dwelling District {RI) the following described to wit: 0 t 7. Slk. 3. Wagon Wheel , sect. 14, HT&,B RR 6,. survey; A-bfi9, recorded Vol. 8,'pg' 79, plat records f Brazoria- Co TX (6202 polies AO'IMNfiiN: sod offistillannai, be heard on:e. Young Lading City Secretary (281) 652-1655 Telecopier.(281) 652-1706 December 3, 1999 John C. Cole 2950 Piper Pearland, Texas 77584 Dear Mr. Cole: On October 11, 1999, the City Council voted to approve Application No. 787 requesting the change of classification of certain real property from the classification of Suburban Development District (SD) to Single Family Dwelling District (R-1). Enclosed is a copy of Ordinance 509-339 for your records. Sincerely, Young Lorfing City Secretary Enclosure 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us