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Ord. 509-681 11-24-03AN ORDI TEXAS, f DEVELOF THE PUR PROPER - SECTION COMPAN GARDEN SUBURB) DISTRIC1 WHITEHE USE DIS- CLAUSE, THE SUB. WHEREA 2003, an applica Land Use and L the land use as the original appli purposes as Exh WHEREA the Planning an Texas, notice b affidavit of public Exhibit "B", said and 28.4 of Ordii WHEREA Commission of 1 ORDINANCE NO. 509-681 AID C E OF THE CITY COUNCIL OF THE CITY OF PEARLAND, IIE J )ING ORDINANCE NO. 509, THE LAND USE AND URBAN 1E J' " ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR O: E OF CHANGING THE CLASSIFICATION OF CERTAIN REAL (L CATION BEING 0.72 ACRES, GARDEN ACRES SUBDIVISION, 2, L )TS 1 AND 2, BLOCK 2, ABSTRACT 219, H.T. & B.R.R. SI II;VEY, BRAZORIA COUNTY, TEXAS (GARDENIA STREET AT R( 1),D) (APPLICATION NO. 1130) FROM CLASSIFICATION J C E VELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING (F - I) AT THE REQUEST OF JEFFREY AND VERETTA ,D, (WNERS, PROVIDING FOR AN AMENDMENT OF THE LAND tIC T MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY kN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO EC. , J Frey and Veretta Whitehead, Owners, filed on September 23, Dn `( r amendment pursuant to Section 28 of Ordinance No. 509, the )ar )evelopment Ordinance of the City, for approval of a change in ovi 1 )d for in said Section 28, said property being legally described in 3tic r ; for amendment attached hereto and made a part hereof for all '; and , o i :he 20th of October, 2003, a Joint Public Hearing was held before Z( r ng Commission and the City Council of the City of Pearland, ng iven by publication in the official newspaper of the City, the tioi >eing attached thereto and made a part hereof for all purposes as all Ii d notice being in strict conformity with provisions of Section 28.3 Inc No. 509; and r the 22nd day of October, 2003, the Planning and Zoning e I :i y submitted its report and recommendation to the City Council 1 ORDINANCE N(5(9.681 regarding the p I 'pc cd amendment application by Jeffrey and Veretta Whitehead, Owners, where I i h : Commission recommended and approved a change of classification for I ie D 'operty described in Exhibit "A" from its existing classification of Suburban Deveh im' r t District (SD) to Single Family Dwelling District (R-1); and WHEREAS , ,on receipt of the report from the Planning and Zoning Commission, th I C Council considered this application and concurred with the recommendatior of :f e Planning and Zoning Commission at a Regular Meeting on November 10, 21 I )3; a Id WHEREP I , ti E City Council having fully heard the testimony and argument of all interested pantie I at c having been fully advised in the premises, finds that in the case of the applicatic I of , effrey and Veretta Whitehead, Owners, presented which, in the judgment of the Ci 9 Council, would justify the approval of said application; now, therefore, BE IT ORDAINE I ) B ( THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The folio j ing lescribed property located within the corporate City limits of the City of Pearlan ( T :as, and presently classified as Suburban Development District (SD) is hereby I Dr a I purposes changed and reclassified as Single Family Dwelling District (R-1), st I h r >perty being more particularly described as: 0.72 acre I C E rden Acres Subdivision, Section2, Lots 1 and 2, Block 2, Abstract 219, H.7 & 3 R.R. Company Survey, Brazoria County, Texas (Gardenia Street at Garde R( a 1). 2 ORDINANCE N(I 5(E -681 The City (I )ur c I of the City of Pearland finds and determines that the recitations in the preamble I erE c are true and that all necessary prerequisites of law have been accomplished ar i th a no valid protest of the proposed change has been made. The City Council fur I er f ids and determines that there has been compliance with the mandates of lav I in rl e posting and presentation of this matter to the Planning and Zoning Commis: I )n u d to the City Council for consideration and decision. III. The City o n cil of the City of Pearland finds and determines that the amendment adc I tec ierein promotes the health, safety, and general welfare of the public and is a p I Ipe • valid exercise of the City's police powers. IV. If any sec on, : ubsection, sentence, clause, phrase, or portion of this Ordinance is for any reasoi ; he 1 invalid or unconstitutional by any court of competent jurisdiction, such portion sh I bE teemed a separate, distinct, and independent provision and such holding shall not I He the validity of the remaining portions thereof. V. All rights I nd i amedies which have accrued in the favor of the City under this Ordinance and i ar ndments thereto shall be and are preserved for the benefit of the City. 3 ORDINANCE N' , 51 1-681 VI. The City ; I ary is hereby directed to cause to be prepared an amendment to the official Land I Ise 11istrict Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 50! and consistent with the approval herein granted for the reclassification c I the I erein above described property. VII. This Ordii Lnc : shall become effective after its passage and approval on second and final readinc PASSED ? \PI'I LOVED, and ADOPTED on First Reading this 10th day of November 201 . ATTEST: r TREID MAYOR ORDINANCE N1 151 <, -681 PASSED, 1 I'PF .( ►VED, and ADOPTED on Second and Final Reading this 24th day of lov r ber , 2003. ATTEST: UNG h ' 13, VMC YS:'RETAIYd APPROVED AS O = ARM: DARRIN M. COI CITY ATTORNE ER TOM REID MAYOR 5 SEP 22 2003 14:03 FR CITY OF PEARLAND 201 652 1702 TO 97136800645 P.©2 d Specific Use Permit Request for Property Information: APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3518 Liberty Drive Pearland, Texas 775Bt 281-652 1839 281-652-1702 fax www.oLpeartancl.tx.us Please check one: J Change in Zoning Classification from: to: reoist current zoning) pier proposed zoning) is Proposed use) • Address: / 0 6-4- e Ij F i(/14 Subdivision: '.4z/J Acieiz Lot:, � � Bieck 2— Tax I.D. Number_ 'c 7f — (9Ca� p ► 0 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property) Proposed use of property. PROPERTY OWNER INFORMATION: '. / NAME,,,,_ V i F��4.I t t I ir& W /y Q ADDRESS__ o , 4/vt CITY C5 JS lc.% lSTATE.,7 SIP 7,7091 PHONE( 7/„,3 FAXL 7/3) G, Fa E-MAIL. ADDRESS APPLICANT/AGENT INFORMATION: NAME ADDRESS CITY _ STATE _iP PHONE( j FAXL E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Peariend for request as provided for by the laws of the State of Texas and Ordinaces approval the City the of Pearive and. I certify to the best of my knowledge that this is a true descriptr - requested the above checked action. I understand that 1 am fu legit! description given. Owner's Signature: Y r si su err cr Date: -23—c� j Agents Signature: O CiFp E USE ONLY: FEES PAID: 9 5 °° RECEIVED BY: property upon which I have ible for the correctness of the Date: DATE PAID: q -- a 3 -- Q 3 APPLICATION NO.0 111 1111 Broadway ST 0 200 1 1 1 1 I 4C1 I(et LOCATION MAP Zone Change Application No. 1130 Owner: Jeffrey and Veretta Whitehead 6510 Gardenia Street (SD - R1) W+E far ILJAV I Ur ruliLIC:A1 ION 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 pdblished in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues,:as follows: No. / Date c- l 20 ( 3 No Date 20 No. Date a.0 No Date 20 No. Date 20 Subscribe and sworn to before 20 •3 President Laura Ann Emmons, Publisher Notary Public, State of Texas Published Oct. 1 and Oct. 8, 2003 NOTICE - QF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING`-- AND ZONING OMMISSION OF THE CITY )F PEARLAND, TEXAS Notice is hereby given that on the 20th day of October, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Litieily Drive, Pearland, Texas, on, the request of Jeffrey and Veretta Whitehead, 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: 0.72 acres, Garden Acres Subdivision, Section 2, Lots 1 arid 2 elock.2: Abstract 219, H.T.• & B.R.R. Company Survey, , Brazoria County, Texas ; (Gardenia Street at Garden Road). At said "leafing 'all :interested parties shall have the right and opportunity to appear and be heard on the subject. Isl Theresa Grahmann Planner I APPLICATION NO. 1130 At- HUAVI I OF PUBLICATION The Pearland Reporter News 240.4 '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, Harris & Galveston Counties, for / issues,:as follows: No. / Date o G-t 20 3 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me 20 03 President fi; JP =tic LAURA ANN EtsitiiktTexas0 Notary Public, S ot �� fw Commission res 0'-09-2006 J.* Laura Ann Emmons, Publisher Notary Public, State of Texas APPLICATION NO. 1129 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 20th ; day of October, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 35.19 Liberty Drive, Pearland,, Texas, on the request Jeffrey and Veretta Whitehead; 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 (R1) op the fallowing described property, to wit: 0.72 acres, Garden;. Acres Subdivision, Section 2, Lots 1 and 2, Block 2 Abstract 219, H T. ' & ' B.R.R. ;'C`ompany Survey, Brazoria County, Texas (Gardenia, Street at Garden Road). At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Thermill Planner . "' October 22, 2003, Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1130 Honorable Mayor and Council Members: Request of Jeffrey and Veretta Whitehead, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Residential District (R-1), on the following described property, to wit: Legal Description: 0.72 acres, Garden Acres Subdivision, Section 2, Lots 1 and 2, Block 2, Abstract 219, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Gardenia Street at Garden Road) At a regular meeting held on October 20, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1130 to City Council for approval with a second made by Commissioner David Ransom. Motion to approve passed 6-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner Jeffrey and Veretta Whitehead 4902 Bayou Vista Houston, Texas 77091 Applicant: None Page 1 of 1