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Ord. 509-351 1999-1025ORDINANCE NO. 509-351 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 2.00 ACRES IN LOT 22, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, A PART OF SUBURBAN GARDENS, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, RECORDED IN VOLUME 2, PAGES 23 & 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 815) (1102 HILLHOUSE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOHN MAY, 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 May, Owner, filed on July 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 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 8th day of October, 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 May, 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 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 John May, 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 2.00 acres in Lot 22, Allison Richey Gulf Coast Home Co. Subdivision, a part of Suburban Gardens, Section 20, H.T. & B.R.R. Co. Survey, A-506, recorded in volume 2, pages 23 & 24, plat records of Brazoria County, Texas (1102 Hillhouse Road) 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. 509-351 PASSED, APPROVED, and ADOPTED on First Reading this t t-E day of OckobeX , 1999. TOM REID MAYOR ATTEST: 1- PASSED, APPROVED, and ADOPTED on Second and Final Reading this 00A5day of OCbeX ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY , 1999. Ozgtd TOM REID MAYOR 4 October 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 815 Request of John May, 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 2.00 acres in Lot 22, Allison Richey Gulf Coast Home Co. subdivision, a part of Surburban Gardens, Section 20, H. T. & B. R.R. Co. survey, A-506, recorded in Vol. 2, pgs 23 & 24, plat records of Brazoria Co., TX (1102 Hillhouse Road) 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. 815. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, mom' goilk Mary Starr Planning & Zoning Chairperson CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: S D to: R I Change in Regulations in Section #: Specific Use for: * Property address: 1 Ca l kouSE Rd. RAkLA,a TEbets r7r/581 Lot: ap? Block: ALL;So,J- R;cH y 6,. ► Coasr 1-lo..,e C•A.Ai4y 5.,A401u,soa.J Subdivision: (-el E S 7 AT.BS) Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: NE. v4 co" Thar; o,J pF gis,'",/cE Record owner's name: ..70 1 N M A y Owner's mailing address: p, 0. 80 x 456 6 86) 8 14ou sTo,J4 T i4,5 7'? (5- Owner's telephone number: (c9V) 48,5 - 43 $S (q'3) "/ 3 (, - 9 F J 5 Agent's name: 1.,,. D u r c L Jo ,Q c s 5.2, Agent's mailing address: i 030 i-1 ; i(A 0 5 •L led Agent's telephone number: 0 f) 11 gS"- 73 Y 6 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. Owner's signature: Agent's signatu e: %. Fees paid: $ n l'., C Date paid: 1 9(-) Received b 1 Eft Application number: g'5 CITY LIMIT LINE 6 ZONE SD 7 W I — a 0 z 9 19 30 0 J U U Iw J 15 0 0 w V) 0 J J COUNTY ROAD 403 CITY LIMIT LINE ®® CRYSTAL LAKE CIRCLE N. a_ 10 SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT w cc "C5 CR`t iw W� } n ro City of Poetised, Texas J0HN MAY ZONE Cal M NGE F8D TO R-1 MORE:t•-300 VERr•,-- CAD ni.o 99-8155 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 andHarrisCounties in THE REPORTER NEWS, a newspaper of general culation in Brazoria and Harris Counties, for ( issues, as follows: No. 19 15 No Date 19 No. ; Date 19 N Date aac Date 19 No. Date 19 bscribe and sworn to before me this Notary. Public, State of Texas .17 OTICE OF A JOINT PUB IC HEARING OF THE CITY OUNCIL AND T H E - 'LANNING 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 Cit Council and the Planning an� Zoning Commission of the City of Pearland, Brazoria an Harris Counties, Texas, Al conduct'. a Joint publig Hearing in the Counci LClfambers, City Hall, 3511 • Liberty Drive, Neariand, Texas,- n the request of Lourel Jones, Jr.,.agent for John May, 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; property, to wit: Being 2.00 acres in Lot 22,_: Allison Richey Gulf Coast. Home Co. subdivision, a part of Suburban Gardens, seot.1 20, HT&.B'RR Co. survey, A- j 506, recorded in Vol: 2, pgs..) 23 & 24, Plat' Records of Brazoria Co., TX (102' Hillhouse Rd.) At said hearing all ,interested parties shall have the right and opportunity to appear and be•, heard on the subject. Young Lorfing City- Secretary APPL C TION N1O 815 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 of Texas Ida and Harris Counties dy Emmons, hereby certify that the notice hereby appended was published zoria and Harris Counties in THE REPORTER NEWS, a newspaper of general Ition in Brazoria and Harris Counties, for / issues, as follows: _ . Vo. Vo. Flo. Jo' Jo. ibe and sworn to before me this Cornrrrs;,;on Ex.,; l(SYf9 ,. res 9-._v2 NOTICE OF A JOINT PUB LIC HEARING OF THE CITY COUNCIL AND 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, Brazoria and Harris Counties, TeXas, will ,conduct a, Joint Public • Hearing. the Council Chambers, City Hall, 3519 -Liberty Drive, Pearland, , • Texas, on the request of i Lourel Jones, Jr., agentfor. JotMay, owner, for an amendment to the Land Use and Urban Development Ordinance of said:City from Classification Suburban Development (SD) to Single 'T Family Dwelling District (R- 1 ) on the following described property, toWit: Being 2.00 acres in' Lot 22, 'Allison Richey Gulf Coast Home Co. subdivision,,a part of Suburban Gardens, sect. .20, HT& B. RR Co. survey, A- 506, recorded in Vol. 2, pgs. 23 & 24, Plat Records of Brazoria Co., TX (102 Hillhouse Rd.) At said hearing all interested • parties shall have the right •and opportunity to appear and be. heard on the subject. City Secretary ' APPLICATION NO. 815 4 It Young Lorfing City Secretary (281) 652-1655 Telecopier (281) 652-1706 December 3, 1999 Lourel Jones, Jr. 1030 Hillhouse Rd Pearland, Texas 77584 Dear Mr. Jones: PEARLAND TEXX AS 1 On October 25, 1999, the City Council voted to approve Application No. 815 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 509-351 for your records. Sincerely, nlikinAl4b1444t 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 Teleccpier (281) 652-1706 December 3, 1999 John May P.O. Box 450868 Houston, Texas 77245 Dear Mr. May: On October 25, 1999, the City Council voted to approve Application No. 815 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 509-351 for your records. Sincerely, Young Lorfing City Secretary Enclosure 01E14 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us