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HomeMy WebLinkAboutOrd. 509-689 02-23-04 ORDINANCE NO. 509-689 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 13, BLOCK 4, WEST LEA SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (3742 MEADOWLARK WAY) (APPLICATION NO. 1144) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DESIGN TECH HOMES, AGENT FOR MICHAEL AND BEVERLY KONZEM, 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, Design Tech Homes, Agent for Michael and Beverly Konzem, Owners, filed on December 16, 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 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 Design Tech Homes, Agent for 1 ORDINANCE NO. 509-689 Michael and Beverly Konzem, 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 Design Tech Homes, Agent for Michael and Beverly Konzem, 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: 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) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1), such property being more particularly described as: Lot 13, Block 4, West Lea Subdivision, H.T. & B.R.R. Company Survey, Abstract 546, Brazoria County, Texas (3742 Meadowlark Way). 2 ORDINANCE NO. 509-689 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. 509-689 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: UNG G R Y )' RETAR TOM REID MAYOR 4 ORDINANCE NO. 509-689 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of February , 2004. ATTEST: APPROVED AS TO FORM: 2.,,, c„,c_, DARRIN M. COKER CITY ATTORNEY MAYOR 5 APPLICATION FOR A CHANGE IN ZONING Please check one: fd Change in Zoning Classification from: •Seb (list current zoning) ❑ Specific Use Permit Request for : y?eSdaidS .. f (list proposed use) Property Information: 31) rneMe/z/areLW&/ Address: � 1 Subdivision: )k)eT� Lea Lot: %. Block: Li Tax I.D. Number. sgso . OO5! - ©©0 ** For unplatted property, attach a copy of the metes and bounds description** to: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.peariand.tx.us (list proposed zoning) ro/L9ie -6A-nti clod! l ) (type of structures on Current use of property Y �e property):126 Yqe—DAM I 21/ C/W'e,I) Proposed use of property: PROPERTY 0 ER IN 0����i,� ��� NAMECA_NT/A; APPLICANT/AGENT I��� � TIO® NAME jVj J�r -� /� ,q � j��'-'�+ � ����� RESS �-LQ • s�f Via ADDRESS 1P'iSD i-h Zf ADD Ii�i �_M� A �j CITY � �k'"' �` STATE ZIP% t� V CITY r/� ESTATE Th ZIP / 373 PHONE( " 1 la ) at o o / PHONE( ZSr) , , I- / ) 4�l FAX( �I3) 3ye n7 84 3 FAX( c?Si) /,& / i / ]],_, E-. AIL ADDRESS spar) 0 ri.0 L E-MAIL ADDRESS kp l�!d k),CNVI -P a 3 O1 C�'i - Pe/ 1) � � l 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: Agent's Signature: /CI', XL-0037)/%44---"-- ate: )2-15--c3 Date: OFFICE USE ONLY: FEES PAID: RECEIVED BY: DATE PAID: ion--"16'03 APPLICATION NO. / if '-/4 LOCATION MAP Zone Change Application No. 1144 Owner: Michael and Beverly Konzem/Design Tech Homes 3742 Meadowlark Way (SD - R1) N W+E s 0 200 400 Feet Iiii1 I 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 / Date /2 3( 20 63 No. Date 20 No. Date 20 No. Date 20 No. Date 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • • • •a.•••••••-•• •••}s•••••:•; Subscribe and sworn to before me this 20 03 LAURA ANN EMMONS Notary Public, State of Texas Commission. Expires 09-09-2006 41/7714 President day of QC Laura Ann Emmons,Publisher Notary Public, State of Texas Published Dec. 31, 2003 & Jan. 7, 2004 NOTICE1F A SINT PUB- LIC HEARING OF THE CITY. COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1144 Notice ishereby given that on January 19, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Peariand, in Brazoria, 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 Design Tech Homes, appli- cant for. Michael and Beverly Kanzem, 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), onthefollow- ing described property, wit: Lot 13, Block 4, West Lea Subdivision, Company Survey, Abstract 546, Brazoria County, Texas. (3742 Meadowlark Way) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the sub - Is/ Theresa Grahmann Planner 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, Harris & Galveston Counties, for / issues, as follows: No. / Date /" 4 7 20 O No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 204_ 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.1144 Notice is hereby given that on January 19, 2004, 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 Liberty Drive, Pearland, Texas, on the request of Design Tech Homes, appli- cant for Michael and Beverly Kanzem, 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: Lot 13, Block 4, West Lea Subdivision:Wit & B.R.R. Company Survey,, 'Abstract 546, Brazoria County, Texas (3742 Meadowlark Way) At said hearing all interested parties shall have the right. and opportunity to appear and be heard on the subject. Is/ Theresa Grahmann Planner I January 22, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1144 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: Lot 13, Block 4, West Lea Subdivision, H.T. & B.R.R. Company Survey, Abstract 546, Brazoria County, Texas (3742 Meadowlark Way) 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. 1144 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: Owner: Michael and Beverly Konzem 1026 W. Belgravia Pearland, Texas 77584 Applicant: Design Tech Homes 18750 Interstate 45 Spring, Texas 77373 Page 1 of 1