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Ord. 509-404 2000-02-14 ORDINANCE NO. 509-404 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 4, BLOCK 12, WEST LEA SUBDIVISION, SECTION 3, BRAZORIA COUNTY,TEXAS(APPLICATION NO.859)(MANVEL ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF SUZANNE P. SPOON, 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, Suzanne P. Spoon, Owner, filed on November 3, 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 10th of January, 2000, 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 18th day of January, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Suzanne P. Spoon, 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); and; 1 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 February 14, 2000, 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 Suzanne P. Spoon,Owner, 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 4, Block 12, West Lea Subdivision, Section 3, Brazoria County, Texas (Manvel 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. 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 2 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. PASSED, APPROVED, and ADOPTED on First Reading this 14th day of February , 2000. TOM REID MAYOR ATTEST: _ U N G +�I ITY S' RETARY 3 ORDINANCE NO. 509-404 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of February , 2000. 'ad TOM REID MAYOR ATTEST: ofiNG iTETTT / Y S-�� 'ETARY APPROVED AS TO FORM: D RIN COKER CITY ATTORNEY 4 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: 5 6 to: I Change in Regulations in Section #: Specific Use for: � `1 Property address: / 30 / X &O Nit Iii,), (I A O e Lot: Block: /2- Subdivision:Uiti;_.0 g_ 4_ Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: /l L'A_ tL 11L4 p Record owner's name: u7.-711--iVty.(z S P©0 A/ Owner's mailing address: ` 0 2Z1 ghtV50-1-441 +iv I/ N v izi, T °77 S78 / Owner's telephone number: 2A-1 — S-13- - 3041-C 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 may be incompatible with current and future uses on properties in my vicinity. Owner's signature '�'_ Agent's signature: Fees paid: $ ��5- y'! Date paid: '�� Received b l y-�� JAL , A 4 Application number: i 7 8 7 8 7 NR-1(362) R 11(214) R-1(287)1.11 < \.. .- 3 11111 i /1C I 10 a 5 ry42 10 tt O © 6 8 3 0 Mil o 4 O 5 I ■ R-1(287) i J M- R-1(287) C 11111- t Uri - R- � U 12 1 R R-1('87) �3 R-1(1287) air N MOCKINGBIRD LN. 9 iimm 10 = ZONE 5D II c . mom 6 1 R- IM 111211511 Mill I-, 13 14 rIui R� IMN I A 1p 10 R-1(287) 12 R-1(287) 1 - - R-1(287) R-1(287) 14 R-1(314) _ 1 8i 13 ZONE SD 9 R-1 1287) R-1(287) 12 HERON LN. 'n 10 t7 R- (28 E J LINE BAILEY ROAD CITY IJMIT LINE 11 Mill City of Rowland,Texas SUZANNE P.SPOON ZONE CHANGE SD TO R-1 Apo.N•.859 Sda SHEET Dam NOV.. 1999 HOiQ71-- . Dun NI+J.E.B. qp n LB CN+d N+G. TUMIUNSOD 99-8194 OF 1 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: No. Date / Z Z, 7.... 19 No. Date 19 No. Date 19 No. Date `19 No. Date 19 .�® ident Subscribe and sworn to before me this Z da e e G 9 uFA � L-A � of Texas • i ". tei expires 9 g�2 l� ' Laura Ann Emmons, ' s lisher Notary Public, State of Texas ROME OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING ANDft ZONING COMMpSION;O;F THE CITY OF PEARLAND,TEXAS Notice is hereby given that on the 10th day of January,2000, at 6:30 PM p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties,Texas,will conduct a Joint Public Hearing In the Council Chambers,City Hall, 3519 Liberty Drive, Peariand, Texas, on the request of Suzanne P.Spoon,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-13 on the following described property,to wit: Lot 4, Block 12, West Lea, Section 3, Brazoria Co., TX (Manvel Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing Clty Spry APPLICATION NO.e5! - AFHDAVT OF PUBUCATION ti/ , , The Pearland Reporter News 2404 South Park Pearland, Texas 77581 to of Texas zoria and Harris Counties andy Emmons, hereby certify that the notice hereby appended was published 3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general :ulation in Brazoria and Harris Counties, for / issues, as follows: No. / Date /)2 19 1 No. Date 19 No. Date 19 No. Date 19 . No. Date _ 19 President scribe and sworn to before me this S day of (4 e- --- G1� • Laura Ann Emmons, Publisher Notary Public, State of Texas . _ a _ NOTICg 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 10th day of January, 2000,at 6:30 PM p.m., the City Council and the Planning and Zoning Commission of the City of Pearland,Brazoria, Harris and Fort Bend Counties,Texas,will conduct a Joint Public-Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Suzanne P.Spoon,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 4,11Morke t2, Lea, Section 3, azo+fs ., TX (Manvsi Read) At said hear}N ettirested parties shall hive the right and opportunity to appear and be heard on the subject. Young Lading City Swart APPUCATfIOM MQ•, January 18, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 859 Request of Suzanne P. Spoon, owner,for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Single Family Dwelling District(R-1) on the following described property, to wit: Lot 4, Block 12,West Lea Subdivision, Section 3, Brazoria Co. TX (Manvel Road) Honorable Mayor and Council Members: At a regular meeting held on January 17, 2000, 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 Commissioner Todd Iocco to recommend approval of Zone Change Application No. 859. Motion to approve passed 4 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning&Zoning Commission