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Ord. 509-687 02-23-04ORDINANCE NO. 509-687 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 1.988 ACRES, OUT OF A 5.949 ACRE TRACT AS DESCRIBED IN VOLUME 1439, PAGE 851, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, BEING OUT OF A 35.950 ACRE TRACT, OUT OF A TRACT OF 80 ACRES OUT OF THE NORTH 1/2 OF THE SOUTHEAST'/4 OF SECTION 16, GEORGE C. SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (WEST SIDE OF HARKEY ROAD, AND ON THE NORTH SIDE OF TERRELL DRIVE) (APPLICATION NO. 1138) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID AND ANA GARCIA AND ANTONIO LINARES, 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, David and Ana Garcia and Antonio Linares, Owners, filed on November 18, 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 19th of January, 2004, 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 1 ORDINANCE NO. 509-687 WHEREAS, on the 22nd day of January, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by David and Ana Garcia and Antonio Linares, Owners, whereby the Commission recommended to approve 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 February 9, 2004; 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 David and Ana Garcia and Antonio Linares, Owners, 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: 2 ORDINANCE NO. 509-687 1.988 acres , out of a 5.949 acre tract as described in Volume 1439, Page 851, of the Deed Records of Brazoria County, Texas, being out of a 35.950 acre tract, out of a tract of 80 acres out of the North 1/2 of the southeast'/ of Section 16, George C. Smith Survey, Abstract 546, Brazoria County, Texas (West Side of Harkey Road, and on the North Side of Terrell Drive). 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. 3 ORDINANCE NO. 509-687 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 9th day of February , 2004. ATTEST: _______,-.41,-4,, -24 REID MAYOR 4 ORDINANCE NO. 509-687 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of February , 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Please check one: Er Change in Zoning Classification from:vi3c»z,z16.100 ioemp : ,�-� �:� e o.N, J��ek((n4 (list current zoning) (ligt proposed ning) '48 (list proposed use ❑ Specific Use Permit Request for : Property Information: Address: /1© b f-( r c i `7A 314.) Subdivision: Tax I.D. Number. o 5-1L-- 6 07.13 ) Lot: Block: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): 0o0€ Proposed use of property: /,a- l PROPERTY OWNER INFORMATION: NAME 0ai,r is A. A) '� :�. ADDRESS Goy /J :dlr- CITY S -III c) m " - STATE Tic ZIP `7 T5S ? PHONE( 7 13 ) 7 q "/ 5?; FAX( ) E-MAIL ADDRESS aikr 0 u) e-r J- A NAME ,vvit.\(d /„)6./ZZ-S ADDRESS 00 f" - A c)E 3 - CITY G.140 5 4-0 0 STATE 1 )C ZIP Y(-S PHONE( 7-/.3 ) %16 /9'3c2- FAX( 7/3_) 1/6 - 1V3v2- 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 knowled a that this is a true description of the property upon which I have requested the above c4-cked actin. I understand that I am fully responsible for the correctness of the legal description give Owner's Signature: Date: ; / / 1 r/23 Date: /i// 3' ® -1 OFFICE USE ONLY: FEES PAID: 0 /.) DATE PAID: / 08/03 RECEIVED BY: APPLICATION NO. if / 3 g immonnommo • errycrest Larrycrest DR co 0 v LOCATION MAP Zone Change Application No. 1138 Owner: David and Ana Garcia/Antonio Linares West Side of Harkey Road, and on the North Side of Terrell Drive (SD-R1) W+E 0 200 400 Feet 11111 AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O.,Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows: No. l Date / —3( 20 63 No. Date 20 No Date 20 No. Date 20 No. Date 20 •••0••••••••••.•••.••••••••••0•• jpit LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 •.e:••••••.•••••••••a•.•*•.00: Subscribe and sworn to before me this 20 03 • • : • • • LAURA ANN EMMONS Notary Public, State of Texas Commission. Expires 09-09-2008 • • • • day of�� Laura Ann Emmons,Publisher Notary Public, State of Texas Published Dec.31, 2003 & Jan. 7, 9004 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1138 Notice is hereby given that on January 19, 2004, at 6:30 p.m., the City Council and Planning and Zgning Commission of the City of Pearland, in Brazgria, Harris and Fort 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 David and Ana Garcia and Antonio Linares, owners, 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: 1.988 acres, out of, a 5.949 acre tract as described in Volume 1439, Page 851, of the Deed Records of Brazoria County, Texas, being out of a 35.950 acre tract, out of a tract of 80 acres out of the North 112 of the southeast 1/2 of Section 16, George C. Smith Survey, Abstract 546, Brazoria County, Texas (West Side of Harkey Road, and on the North Side of Terrell Drive) - At slid heagngll interested parties shall have *e right and opportunity appear and be heard on the sub l /s/ Theresa Grahmann AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, 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 /--0 7 20 0 g No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20_ President Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 31, 2003 & Jan. 7, 2004 NOTICE OF A JOINT;PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS > APPLICATION NO, 1138 Notice is hereby given that on • January 19, 2004, at 8:30 p.m., theCity Councjl 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 Liberty Drive, Peariand, Texas, on the request of David and Ana Garcia and Antonio Linares, owners, 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: 1.988 acres, out of fr4.949 acre tract asdescribed in , Volume 1439, Page 851, of the Deed Records of Brazoria County, Texas, being cait of a 35.950 acre tract, oitt of a tract of 80 acres outsof the , North 1/2 of the southQst 1/2 of Section 16, George C. Smith Survey, Abstract 546, Brazoria County, Texas (West Side of Harkey Road,; and on the North Side of 'Terrell Drive) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planned January 22, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1138 Honorable Mayor and Council Members: Request 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: Legal Description: 1.988 acres, out of a 5.949 acre tract as described in Volume 1439, Page 851, of the Deed Records of Brazoria County, Texas, being out of a 35.950 acre tract, out of a tract of 80 acres out of the North 1 of the southeast 1/4 of Section 16, George C. Smith Survey, Abstract 546, Brazoria County, Texas (West Side of Harkey Road, and on the North Side of Terrell Drive) At a regular meeting held on January 19, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner David Ransom made a.motion to forward Zone Change Application No. 1138 to City Council for approval with a second made by Commissioner Don Sederdahl. Motion to approve passed 7-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owners: David and Ana Garcia & Antonio Linares 605 Nevada 1005 Avenue J South Houston, Texas 77587 South Houston, Texas 77587 Page 1 of 1