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HomeMy WebLinkAboutOrd. 509-682 11-24-03 ORDINANCE NO. 509-682 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 19.697 ACRES, TRACT 2A, AND 4.3412 ACRES, TRACT 3, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (5406 MAGNOLIA STREET) (APPLICATION NO. 1127) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ELAINE JANET W. HADDEN, 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, Elaine Janet W. Hadden, Owner, filed on August 26, 2003, 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 20th of October, 2003, 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 22nd day of October, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Elaine Janet W. Hadden, Owner, 1 ORDINANCE NO. 509-682 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 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 November 10, 2003; 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 Elaine Janet W. Hadden, Owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1), such property being more particularly described as: 19.697 acres, Tract 2A, and 4.3412 acres, Tract 3, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (5406 Magnolia Street). 2 ORDINANCE NO. 509-682 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 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. 3 ORDINANCE NO. 509-682 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 10th day of November , 2003. ATTEST: T• REID MAYOR 4 ORDINANCE NO. 509-682 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of November , 2003. ATTEST: • APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY `TO Y REID MAYOR 5 APPLICATION FOR A CHANGE IN ZONING Please check one: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Change in Zoning Classification from: to: l- (list current zoning) (list proposed zoning) D Specific Use Permit Request for : Property Information: _5"/ /i1&J s # . P� ,A4/ 7 tP ( Address: (list proposed use) Subdivision: Lot: Block: Tax I.D. Number. 0509- 0©4' - 00-0 05 09- 0038 - 00u ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): ,q 57,-,47/ x' ��/(�� /Jsc�, �A2/// 6"h T�4 Proposed use of property: M,E , ' S 1i 1/ PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME (14iiiie4 //r'% i4, /"1.)Dd ✓ NAME ADDRESS 53fI9 6 /1 G-,b'r.9 L1,4 ADDRESS = CITY J�/v) STATE 7 ZIP 7Z- - fy CITY STATE ZIP PHONE( J/ ) V,s°—,'076 PHONE( ) FAX( ) FAX( ) E-MAIL ADDRESS E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Date: ?////e Agent's Signature: r Date: ✓ OFFICE USE ONLY: j*// FEES PAID: �,r2 DATE PAID: c5/2'2/03 RECEIVED BY: APPLICATION NO. / / I 0 200 400 Feet I LOCATION MAP Zone Change Application No. 1127 Owner: Elaine Janet W. Hadden 5406 Magnolia Street (SD-R1) W+E /iirr LEAV Ut. i JN 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, Harris & Galveston Counties, for / issues;:as follows: No. l Date C-z- / 20 3 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 3 President Laura Ann Emmons, Publisher Notary Public, State of Texas Published Oct. 1 and Oct. 8, 2003 NOTICE OF "A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE�CMTY 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 Peariand, in Brazoria, Harris and Fart; Bend,;';' Counties, Texas, will conduct a joint public hearing in the Council Chambers .of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Elaine Janet W. Hadden, owner, for an amendment to the Land 1Jse,_, and Urban `Development Ordinance of Said (? ClassificatlQ Developmen Single Distnct(R:' describe'. 19.697 actee Tract-2A, and; 4.34.12, ;'acres, Fact 3, Abstrttot'#50S, H t & B.R.R. Company- Survey, Brazoria County, Texas (5406 Magnolia Street). At said heann I i tgrested parties ai and Lippe and be heard on the subject. .1J Thareea Grahmann Planner I APPLICATION NO. 1127 a AtTIDAVII OF PUBLICATION The Pearland Reporter News 24044 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was prablished 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 0 C't 20'3 3 No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe anci sworn to before me this 7;7 20 b3 Laura Ann Emmons, Publisher Notary Public, State of Texas October 22, 2003, Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1127 Honorable Mayor and Council Members: Request of Elaine Janet W. Hadden, 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: 19.697 acres, Tract 2A, and 4.3412 acres, Tract 3, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (5406 Magnolia Street) At a regular meeting held on October 20, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1127 to City Council for approval with a second made by Commissioner Linda Cowles. Motion to approve passed 6-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: Elaine Janet W. Hadden 5406 Magnolia Street Pearland, Texas 77584 Applicant: None Page 1 of 1 rPLA'NNING ANI) ZONING COMMISSION OF THE CITY; i OF PEARL'AND, TEXAS Notice is hereby given that on I the 20th day of October, I 2003, at 6:30 p.m., the. City I Council and Planning ands I Zoning Commission, of the City of Peariand,in Brazoria, i Harris and Fort ' Bend, Counties, Texas, will conduct` a joint public hearing in the , ICouncil Chambers of City Hall, 3519 Liberty Drive, Pearland„ Texas, on the' I request of Elaine Janet W. i /amendment Hadden, . owner, for an 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: 19.697. acres, Tract 2A, and 4.3412 acres, Tract 3, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (5406 Magnolia Street). At said hearing all interested parties shall have the right land opportunity to appear and be heard on the subject. /s / Theresa Grahmann ! Planner I