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Ord. 509-348 1999-10-25ORDINANCE NO. 509-348 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 1, ROBERT McGINNES SUBDIVISION, A 4.594 ACRE TRACT OUT OF LOT 8, THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE H.T. & B.R.R. CO. SURVEY, SECTION 14, A-509, ACCORDING TOAMAP RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 763) (5630 BECKY LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE AND ANNA MARTINEZ, 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, Jose and Anna Martinez, Owners, filed on February 26, 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 13th 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 23`d 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 Jose and Anna Martinez, Owners, whereby the Commission 1 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); 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 October 11, 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 Jose and Anna Martinez, 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: 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 Lot 1, Robert McGinnes Subdivision, a 4.594 acre tract out of Lot 8, the Southeast 1/4 of the Northwest 1/4 of the H.T. & B.R.R. Co. Survey, Section 14, A-509, according to a map recorded in the plat records of Brazoria County, Texas (5630 Becky 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 2 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 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. 509-348 PASSED, APPROVED, and ADOPTED on First Reading this 1 l " day of Oc-ober' , 1999. TOM REID MAYOR ATTEST: • �h PASSED, APPROVED, and ADOPTED on Second and Final Reading this 05 day of eje be't" , 1999. ATTEST: APPROVED AS TO FORM: rl DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 ORDINANCE NO 509-348 September 23, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 763 Request of Jose and Anna Martinez, owners, 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 Lot 1, Robert McGinnes subdivision, a 4.594 acre tract out of Lot 8, the Southeast 1/4 of the Northwest 1/4 of the H. T. & B. R.R. Co. survey, Section 14, A-509, according to a map recorded in the plat records of Brazoria Co., TX (5630 Becky Lane) Honorable Mayor and Council Members: At a regular meeting held on September 20, 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. 763. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, goutA Mary Starr, Chairman Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 IV Change in Zoning Classification from: SP to: K?- if Change in Regulations in Section #: Specific Use for: * Property address: ,5"-C-3c OC G,eY /4 N C Lot: Block: // /€-'Dt'6J T /irel6y/A/Azl'S :�060tViStrALl Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) .ii---•-ift ,r--i ff�-� ,'r z - 0 Tax I.D. number: Proposed use of land within requested designation: „t,I d, L6." / i iz y D _.4,z; iI to Record owner's name: ..,% pS e- 1 AtiAfX) /1'Irrf r riV&' Owner's mailing address: ,-vasei,,, , e4/ LAj / e , t4` 7, 7 &-.9- Owner's telephone number: C2,y'} i_:s ; 6 ,�,s--- Agent's name: 0 / C\ Agent's mailing address: in [ Agent's telephone number: In I i 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 -th current future uses on properties in my vicinity. `and Owner's signature: -', y,,;, z i:/; 1-7 / t, Agent's signature: in i C Fees {,aid: $ (' , Date / ,2 /9 9 Received by: -.4 Application number: -76,2 .3 ZONE SD SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT C COMMERCIAL DISTRICT Clty of Newland, Texas JOBE & ANNA MARTINEZ ZONEFRCOH�A' NGE SD TO R-1 Swim HORZ:1 •-200' VERT -i - CAD MD 99-8097 SHEET oF1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ( issues, as follows: :;ulation in Brazoria and Harris Counties, for No. 1 Dated02c19 5'5 No. Date 19 No Date 19 No. Date i9 No. Date )scribe and sworn to before me this otary Public, State of Texa 1: ' ' _NI _kin OF THE CITY _____ PEARUND, TEXAS �r '~ -^ ' ' ,Notice U�m1b�m/� '_ � � ��"m��m i 7999ot0-3Onxn' the ot _y � Ion of the � and . ".",^"vxovv /oxua will �ondbct a Joint, Public 1,1'earing in the Council ^ / Ooamoeu\ City Hall, 3519-6'jb6rty Drive,� ` m� _ .-- `1, Anna quo��os.� ` � Martinez, owner, for a,V amendment to the Land .' Use and Urban Development -Q,rdilnance of said' Cit—. '_Development (SD) to Single' . Gflassific�tion Suburban gamily Dwelling District ' (FI-1) on the �~��_,,,to"""^mvu \ property, to w t: \ � )subdivision, a 4.594 acre tract, l . jput of Lot 8, the SE 1/4 of the ` y.Ivnej~"" p .mmoomxmorazohuCo 'TX(�@UBo�y�oo ' ` At said interested ` parties shall have the right .and Opportunity to appear and,:, be _heard ~. the =j°cL 1 oung Lorfing Pity Secretary \— AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 of Texas aria and Harris Counties idy Emmons, hereby certify that the notice hereby appended was published .zoria and Harris Counties in THE REPORTER NEWS, a newspaper of general Ttion in Brazoria and Harris Counties, for / issues, as follows: No. Vo. �o. President ibe and sworn to before me this ;44,tai.A , r1 ,t Cornrrrssion Expires 3=_v2 • = JOIN UBLIC. HEARING OF THE CITY COUNCIL: AND THE. PLANNING ANDZONING OMMISSION OF THE CITY OF PEARLAND, TEXAS Notice•is hereby given that on the 13th day of September, 1999, at 6:30.p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria and Harris Counties, Texas, will conduct a Joint Public Hearing 'in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Jose & Anna Martinez, owner, for an amendmentto 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 property, to wit:. Being Lot 1, Robt. McGinnes subdivision, a 4.594 acre tract out of Lot 8, the SE 1/4 of the NAT 1/4 HT& B RR Co. sur- vey, sect. 14, A-509; accord- ing to a map recorded in the plat records of Brazoria Co., TX (5630 Becky Lane) At said hearing all -interested parties shall have the right and opportunity to appear and be heard on the "subject. - Young Lorfing _ City Secretary NO.763 -- Young Lorfing City Secretary (281) 652-1655 Telecopier (281) 652-1706 December 3, 1999 Jose & Anna Martinez 5405 Groveton Lane Pearland, Texas 77584 Dear Mr. & Mrs. Martinez: On October 25, 1999, the City Council voted to approve Application No. 763 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 509-348 for your records. Sincerely, Ncs�' . a Young Lorfing City Secretary Enclosure 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us