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Ord. 509-354 1999-11-08ORDINANCE NO. 509-354 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 2-1, A 0.784 ACRE PARCEL IN THE J.W. MAXEY SURVEY, A-721, ACCORDING TO THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 791) (9322 W. STERLING) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ALICE M. KEMP, 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, Alice M. Kemp, Owner, filed on April 22, 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 27th 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 5th 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 Alice M. Kemp, 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 October 25, 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 Alice M. Kemp, 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: Lot 2-I, a 0.784 acre parcel in the J.W. Maxey Survey, A-721, according to the deed records of Brazoria County, Texas (9322 W. Sterling) 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. 509-354 PASSED, APPROVED, and ADOPTED on First Reading this 25th day of October , 1999. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day of November ATTEST: APPROVED AS TO FORM: a/w-- / . 1:8 DA RIN COKER CITY ATTORNEY , 1999. TOM REID MAYOR 4 October 5, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 791 Request of Alice M. Kemp, 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 Lot 2-I, a 0.784 acre parcel in the J.W. Maxey survey, A-721, according to the deed records of Brazoria Co., TX (9322 W. Sterling) Honorable Mayor and Council Members: At a regular meeting held on October 4, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Donald Glenn and seconded by Vice -Chairman Tommy Scott to recommend approval of Zone Change Application No. 791. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, nj Mary Starr, Chairman Planning & Zoning Commission atank/144° CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: C‘ to: Change in Regulations in Section #: Specific Use for: * Property address: (i,3 ;L L ?.t" S-/ E /, 'A) Cf Block: Lot: ,2 — LJ \J I ,v. Subdivision: �" i12 �� cS1 14 E �— Metes & Bounds Description: (unplatted property only; attach survey) 3 e 6 4 1. 4 ce h e ci Tax I.D. number: Proposed use of land within requested designation: C/p rn e s la f4. d Record owner's name: AI, E 6 /t , /(' \ M ,_ 77584- Owner's mailing address: 9 a a of. . 34 E. r ', 1 A p I A AJ (j AI Owner's telephone number: a b / - 9 9 7 ._ 15- / Agent's name: \ c1 Agent's mailing address: Ii) 101 Agent's telephone number: 84( )CL 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: Z , i- Agent's signature: Y1 !CL Fees paid: $ K\ C_ Date paid: [- — as -99 Received by: �p Application number: tC11I 35 3©LU11 I5 101 I I1 I I I L\1i5 CITY UMR UNE 9322 W. ZONE SD 12 JV COURT ZONE R-3 W. STERLING DRIVE ZONE 5D SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING DISTRICT HUGHS RANCH ROAD 41 W 42 p 0 ZONE R-1 z W HICKORY SLOUGH City of Moorland, Texas i AUCE M. KEMP ZONE CHANGE FROM 8DTOR1 Zero NORM 1--300- VERT • 1- CAOiw 99-8140 SHEET OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties ', Randy Emmons, hereby certify that the notice hereby appended was published n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ;irculation in Brazoria and Harris Counties, for / issues, as follows: No. / Date S -6 . 7 19 1 �- No Date 19 No Date 19 No. Date 19 No. Date 19 ubscribe and sworn to before me this day of l% "nitfrarx�os;''P1�li cSmrr,;S'ic ras le; NOTICE OF.. JOINT. JOINT, PUBLIC HEARING OF':THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 27th 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, Peariand, Texas, on the request of Alice M. Kemp, 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 Lot 2-1, a 0.784,acre parcel in the J.W. Maxey sur- vey, A-721, according title deed records of Brazoria Co.; Tx (9322 W. Steili0:L.,:::',„L;;„ At said hearing ail intereetee'.: partiescybertyhei:reardos onrfihtatheganryli have the right and opportunity appear and Y ng APPLICATION NO. 70 AFFIDAVIT OF PUBLICATION The Pearland. Reporter. News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: Date 5 19 7 No. Date 19 No: Date i 9 Date 19 Date 19 No. No. No. Subscribe and sworn to before me. this 19 II rn resident �i,:.'c+ i t % f 'Yagla NOTICE OF A JOINT PUBLIC HEARING OF THE? CITY COUNCIL AND THE PLANNING AND. ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS' Notice is hereby given that on the 27th 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 Alice ' M. Kemp, 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 Lot 2-I, a 0184 acre parcel in the J.W. Maxey sur_ i • vey, A-721, according to the deed records of Brazoria Co:; TX. (9322 W. Sterling) • , 1 At said hearing all Interested~='y t parties. shall have the -right - t and opportunity to appear and_ be heard on the subject . Young Lorfing City Secretary APPLICATION NO.791. Young Lofting City Secretary (281) 652-1655 Telecopier (281) 652-1706 November 19, 1999 Nice_ Ke,+ p c3aa Lu, Pau ckO V 6) -(c -77 JS4 Dear Property Owner: On Nave, b_e..vr Si \ Clq 9 , the City Council voted to approve Application No. requesting the change of classification of certain real property from the classification of (.L.\ourboir iJ./2_k,�p(-AK \-\- (s0 to E krnk� CCU:.��.,�<VIc (-.1) Enclosed is a copy of Ordinance 509- 35y for your records. Sincerely, .*a-A\-ob fvt-twlse\''' Young .Lorfing City Secretary Enclosure 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us