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Ord. 509-424 2000-03-13 ORDINANCE NO. 509-424 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 1.0 ACRES OF LAND, MORE OR LESS, OUT OF LOT 58 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243 OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 872) (14103 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ARNOUT C. & JUDITH A. RUIFROK, 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, Arnout C. & Judith A. Ruifrok, Owners, filed on November 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 14th of February, 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 28th day of February, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Arnout C. & Judith A. Ruifork, Owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit 1 "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 March 13, 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 Arnout C. & Judith A. Ruifrok, Owners, 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: 1.0 acres of land, more or less, out of Lot 58 of the Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243 of Brazoria County, Texas (14103 Gardens Road (CR556)) 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 Ill. 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. 509-424 PASSED, APPROVED, and ADOPTED on First Reading this 13th day of March , 2000. TOM REID MAYOR ATTEST: • UNG ( '•I■ YSRETAR PASSED, APPROVED, and ADOPTED on Second and Final Reading this27th day of March , 2000. • TOM REID MAYOR ATTEST: iii✓J / -I� • Y S'rRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 ,, � e r r rr. # '1 s 1 i ee z€ ar r• eon r s 4.4 i1i �;,, i „iv., �.;Tl� - �:�++d '�4 : l x, 3 Change in Zoning Classification from S1 to: Change in Regulation in Section #: Specific Use for: * Property address: )/ t0 3 ( 556 CI-G r6P_✓i oacr . Alli.sa-► ►cl-, G�i�'C�5!- Lot: 0Vzok-58 Block: Subdivision:t{�, c.ow,paa,-,y�s a5 ti� (ci Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: bz q - 32 — L s Proposed use of land within requested designation: Rc ckczv g 5%% le ,,,,i i ky Record owner's name: A�,i,-,O�} C 1�- 't rG)� � n �"��U� Owner's mailing address: )4 COQ GR 5 J 6 Owner's telephone number: (le 1 _ 4 85 4 8 6 Agent's name: 00 toe_ 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 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 signatur-: Agent's signature: Fee paid: $ IA, • Date paid: Received by:) ', mid ppkcatlt ber: Td-ttl 0 i 1 I 39 N 7 23 R-1(340) R-1(327) I 8 24 40 16 56 1 W O Z K WW U t. ■ ,1 25 41 57 9 ZONE SD tO0 • • ROAD 26 42 it)i//"- g 10 a p ZONE SD J m 27 59 1 11 ZONE SO HICKORY NAM 12 26 44 • 60 ZONE SD ZONE SD I: L '''am 0, . ii-`:411 k' City of Peariand, Texas ARNOUn a.AJDrni RUFROK ZONE CHANGE FROM 8D TO R-1 A .Na.:872 lash: SHEET Dale DEC.. 1999 NORM 1" 500. VERT:1 D 1 on Or J.EB. QIID F.1 slot OR G. TOMIIJNSDN 99-8212 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 3 CttA- Z 51' k 20 a No. Date 20 No. Date 20 No. Date 20 No. Date 20 �ident Subscribe and sworn to before me this +k day of J a v` 20 ‘``∎�� �.' ; � ! ' n Publisher 8 Notary :'s „ 5t-:e of Texas NOTICE OF A Jd1NY 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 14th day of February, 2000, at 6:30 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 Amout C.&Judith A.Ruifrok, 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: • 1.0 acre of land,more of less, out of Lot 58 of the Allison Richey Gulf Coast Home Co. subdivision, Sect. 19,H.T.& B. R.R.Co. survey,A-243 df Brazoria Co.,TX (14103 CR 5'86) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing City&Mary APPLICATION NO.e72 PAGE 01/01 REPORTER NEWS 05/01/2000 22:07 28148563vi97 ArrluAT OF PUBLICATION The Pear land Reporter News 2404 South Park Pear land, Texas 77581 Ite of Texas izoria and Harris Counties andy Emmons, hereby certify that the notice hereby appended was published irazoria and Harris Counties in THE REPORTER NEWS, a newspaper 42f general ulation in Brazoria and Harris Counties, for / - issues, as follows: No. Date rei4 20 a) No. • ' Date 20 I No. . ____ Date 20 No. Date 20 No. Date 20 j\a"„4-a--1-ftwne President tribe and sworn to before me this 3 4 LAURA A. DAMON!) , PP-i-likz;44cett:of Itnet: naon plitre3:1-mac hor Notary Public, State of Teas T12-- 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-14th day of February, 2000, at 6:30 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 Amout C.&Judith A.Ruifrok, 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 1.0 acre of land,more of less, out of Lot 58 of the Allison Richey Gulf Coast Home Co. subdivision,Sect. 19,H.T.& B. R.R. Co.survey,A-243 of Brazoria Co.,TX(14103 CR 556) At said hearing all interested parties shall have,the right and opportunity to appear and be heard on the subject. Yours WIN C17 tsq*Wy MPUCATION MII.,tati! February 28, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 872 Request of Arnout C. & Judith A. Ruifrok, 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: 1.0 acres of land, more or less, out of Lot 58 of the Allison-Richey Gulf Coast Home Co. subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243 of Brazoria Co., TX (14103 Gardens RD (CR 556)) Honorable Mayor and Council Members: At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd Iocco to recommend approval of Zone Change Application No. 872. Motion to approve passed 7 to 0. This is submitted for your consideration. Sincerely, )1/ v)aU ' r Mary Starr airman Planning&Zoning Commission •