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Ord. 509-350 1999-10-25Young Lorfing City Secretary (281) 652-1655 Telecapier (281) 652-1706 December 3, 1999 Randy K. Ellis, D.D.S., M.S. & Selena Ellis 2501 South Galveston Pearland, Texas 77581 Dear Mr. & Mrs. Ellis: On October 25, 1999, the City Council voted to approve Application No. 790 requesting the change of classification of certain real property from the classification of Single Family Dwelling District (R-1) to Neighborhood Services District (NS). Enclosed is a copy of Ordinance 509-350 for your records. Sincerely, �yL out Young Lorfing City Secretary Enclosure 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us Young Lorfing City Secretary (281) 652-1655 Telecopier (281) 652-1706 December 3, 1999 Browne, Penland, McGregor Architects, Inc. James L. McGregor 520 Post Oak Blvd, Suite 880 Houston, Texas 77027 Dear Mr. McGregor: On October 25, 1999, the City Council voted to approve Application No. 790 requesting the change of classification of certain real property from the classification of Single Family Dwelling District (R-1) to Neighborhood Services District (NS). Enclosed is a copy of Ordinance 509-350 for your records. Sincerely, Aztiltiki*54 Young Lorfing City Secretary Enclosure 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us ORDINANCE NO. 509-350 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 1.9 ACRES, MORE OR LESS, OUT OF THE W.D.C. HALL LEAGUE, A-70, AS RECORDED IN VOLUME 6, PAGE 142, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 790) (2015 E. BROADWAY) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) AND NEIGHBORHOOD SERVICES DISTRICT (NS) TO NEIGHBORHOOD SERVICES DISTRICT (NS) AT THE REQUEST OF RANDY K. ELLIS, D.D.S., M.S. AND SELENA ELLIS, 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, Randy K. Ellis, D.D.S, M.S. and Selena Ellis, Owners, filed on April 20, 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' 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 Randy K. Ellis, D.D.S., M.S. and Selena Ellis, Owners, whereby the Commission recommended and approved a change of classification for the property described 1 in Exhibit "A" from its existing classification of Single Family Dwelling District (R-1) and Neighborhood Services District (NS) to Neighborhood Services District (NS); 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 Randy K. Ellis, D.D.S., M.S. and Selena Ellis, 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 Single Family Dwelling District (R-1) and Neighborhood Services District (NS) is hereby for all purposes changed and reclassified as Neighborhood Service District (NS); such property being more particularly described as: Being 1.9 acres, more or less, out of the W.D.C. Hall League, A-70, as recorded in volume 6, page 142, plat records of Brazoria County, Texas (2015 E. Broadway) 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. 3 ORDINANCE NO. 509-350 PASSED, APPROVED, and ADOPTED on First Reading this 1 day of , 1999. TOM REID MAYOR ATTEST: UNG L Y SE ETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this ak 5 day of (3 PAC CJe}( , 1999. ATTEST: APPROVED AS TO FORM: 0.64°N11 DARRIN COKER CITY ATTORNEY TOM REID MAYOR (t 4 ORDINANCE NO 509-350 September 23, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 790 Request of Randy K. Ellis, D.D.S., M.S. and Selena Ellis, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-1) and Neighborhood Services District (NS) to Neighborhood Services District (NS) on the following described property, to wit: Being 1.9 acres, more or less, out of the W.D.C. Hall League, A-70, as recorded in Vol. 6, pg 142, plat records of Brazoria Co., TX (2015 E. Broadway) 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 Donald Glenn to recommend approval of Zone Change Application No. 790. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning & Zoning Commission 3}t { jl�s I>,3Ai t{ A Yr C �1 —3JJ yv Change in Zoning Classification from —if to: A/S Change in Regulation in Section #: Specific Use for: * Property address: 20 /.;,-f' E45'T ,E. A, , ibi'%9., PE A fq/t4(), ,.(' Lot: Block: Subdivision: h(.1'. C.44 G',6/ A ©m Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: ,a - 0 2 Z 93 etc Proposed use of land within requested designation: 02of6($/dW/L- C)/ t/66 Record owner's name: 4,4J 5754 1/4 ,b% /5 2 54/ iDUT/V 6A � s744j Owner's mailing address: Pell -A. thrvD -TX 77 8/ Owner's telephone number: Zb/ • 5- ' 702. 1' e..S' L. /11c60e.66QA. Agent's name: 5 4z'/VL f,6/ .,44MO /1/55 ',G60//?, "A40/7:ee. , /t t CIO /0.03 7 ,7C 064 vo. 57'/? ' ' Agent's mailing address: / t J 577,4J 7")(, 7 f e z 2 Agent's telephone number: 7i3 85-0 /1.33 X /1 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 Ordinance 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 used on properties in my vicinity. Owner's signature: Agent's signatur Fee paid: $si. so Date paid: - C Q Received by: -�'pc Applicatnt,'� SD R-1 R-2 NS GB C SUBURBAN DISTRICT LOW DENSITY SINGLE FAMILY DWELLING DISTRICT MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT NEIGHBORHOOD SERVICE DISTRICT GENERAL BUSINESS DISTRICT COMMERCIAL DISTRICT ZONE R-1 Q- ZONE R-1 City of Pearfand, Texas RANDY a SEL.ENA 13118 ZONE CHANGE FROM R-1 TO N8 lulu JUNE. Clad M D. SMRH CADS 99-8128 SHEET OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ,3ulation in Brazoria and Harris Counties, for r issues, as follows: No. 1 Date 02C a 19 15 No • Date 19 No. Date 19 No Date 19 No. ' Date 19 Jscribe and sworn to before me this 2_1 61i lert President day of er. Notary Public, State .of Texas • q��;T.,.,w,. T.�M:'S::^.•:'++'Sig';$""." iNOTE OF A PUBLIC HEARING OF THE' CITY COUNCII AND THE PLANNING AND ZONING COMMISSION OF THE CITY 1OF 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 arid Zoning Commission of the City of Pearland, Braoria and Harris Counties, Texas, will conduct a. 'Joint `Public k-learing in the 'Council Chambe_ rs, City, Hall, 3 519 ,Liberty - Drive, Pearland, Texas on the request of iUames L. McGregor, -agent for Dr. Randy K., & Selena Ellis,' lowner, for an amendmentto the' Land Use;and`Urban; Development Ordinance of aid -City from Classification Single Family. Dwelling - �District (R-" 1 ) iJeighborhood,; Services' District (NS) to Neighborhood Services District-.(NS).' on the following described property, to wit: Being 1.9 acres, more oriess, out of the W.D.C. Hall league, A170; as recorded. in Vol. 6, pg1.142,-- plat records 'of', B azoria Co:,'TX (2015;E. Broadway (FM 518) • At said hearing all interested,;, parties shall have the right and opportunity to appear and fri'e heard on the subject.' 'r. oung Lorfing Gity Secretary LtgAIRI NO 790 AFFIDAVIT OF -PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 Texas and Harris Counties Emmons, hereby certify that the notice hereby appended was published ria and Harris Counties in THE REPORTER NEWS, a newspaper of general )n in Brazoria and Harris Counties, for / issues, as follows: . le and sworn to before me this r 3atAOrpi;Ar}I _ RRIPC� ? • „��:,;, Coinrrw;,ion Expire E Expires 9—,;—v2 NT PUBLIC HEARING OF THE CITY.COUNCH AHD THE PLANNING AND ZONING COMMISSION 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, Brizoria and Harris Counties,.,Texas, will conduct a Joint Public Nearing in the Council Chambers, City Hall, 3 519 - Liberty ,Drive, Pearland, Texas, on the request' -of James L. McGregor,,agent for Dr. Randy, K. & Selena Ellis, owner, for an amendment to the Land Use and Urban Development' Ordinance of said City from Classification • Single Family Dwelling District (R- I ) Neighborhood Services District (NS) to Neighborhood Services 'District' (NS) on the following described property, towit: - Being 1.9 acres:more or less, out of the W.D.C. Hall league, A-70, as recorded in Vol. 6, pg.I42, plat records of Brazoria Co., TX (2015 E. Broadway (FM 518) s At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing , City Secretary APPLICATION NO. 790