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Ord. 509-701 03-22-04ORDINANCE NO. 509-701 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 LOTS 42, 43, AND 44, BLOCK 16, PEARLAND TOWNSITE (WEST SIDE OF WASHINGTON AVENUE, AND NORTH OF BROADWAY STREET) (APPLICATION NO. 1151) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R- 1) AT THE REQUEST OF JACK MCGUFF, JR., AIA, AGENT FOR SHANE NIXON, 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, Jack McGuff, Jr., AIA, Agent for Shane Nixon, Owner, filed on January 15, 2004, 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 16th of February, 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 23rd day of February, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Jack McGuff, Jr., AIA, Agent for 1 ORDINANCE NO. 509-701 Shane Nixon, Owner, whereby the Commission recommended to approve a change of classification for the property described in Exhibit "A" from its existing classification of Multi -Family District (MF) 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 8, 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 Jack McGuff, Jr., AIA, Agent for Shane Nixon, 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 Multi -Family District (MF) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1), such property being more particularly described as: Lots 42, 43, and 44, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street). 2 ORDINANCE NO. 509-701 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. 509-701 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 8th day of March , 2004. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-701 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of March , 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 APPLICATION FOR A CHANGE IN ZONING Please check one: X Change in Zoning Classification from: F City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us to: R 1 (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: � o >DOft 55 -- LJgitilopezvg0 Address: Subdivision: f .'AtiR 0 1 W 1 6I Lot: 41-, 4-5 ,44 Block: h p Tax I.D. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): 1i i }...b\-Ci Proposed use of property: t 51 i✓µ I-1 1, PROPERTY OWNER INFORMATION: NAME ✓#- i'! ))ON ADDRESS 3 I' 55 PIL6 .t f S `'°o / 4 T CITY P`4&LI ) 0 sTATETY, ZIP 715 S f PHONE( 1.-4 J ) lc 7283 E-MAIL ADDRESS APPLICANT/AGENT INFORMATION: NAME JAc- . Me- iU 1- , JP - ADDRESS 52ot toA L4Ay 9-0'8 CITY PrirRIAtZ STATE ZIP 7758 I PHONE( 2V ) 445 2-Q0 FAX(2 ( ) 4S52.0 E-MAIL ADDRESS rim-1144 P 564.1(, oh € ' 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: / /- D 7 Agent's Signature: Date: OFFICE USE ONLY: (7sa© FEES PAID: DATE PAID: / — 15-o4 RECEIVED BY: APPLICATION NO. / J 5 LOCATION MAP Zone Change Application No. 1151 Owner: Shane Nixon/Jack McGuff, Jr. West Side of Washington Avenue o 200 400 Feet (MF - R1) W+E 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 /' 2g 20 0 No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20_ /1,4 Al/ 477,11,2 r President day of 617 LAu1 A ANN EMMONS , State of Texas xpires 09-09-2006 aura Ann Emmons, Publisher Notary Public, State of Texas Published Jan. 28 & Feb. 4, 2004 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND. TEXAS APPLICATION NO. 1151 Notice is hereby given that on February 16, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the Cify 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 Jack McGuff, Jr., applicant for Shane Nixon, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District. Dwelling Single Family(MF) to g (R-1) District ", on the follow- ing described property, to wit: Lots 42,43, and 44, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the sub- ject /s/ Theresa Grahmann Planner I 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 J'11 20 No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 4:1- 20 • •:• •'• •• • • ••• • • • • • • • • • • • • • • • • • • • • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 ••1•a z•r •. • •• •• •••• •. •• • • •••• • •••• day of tel. Laura Ann Emmons, Publisher Notary Public, State of Texas NOTICE OF _A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1151 Notice is hereby *en that on February 16, 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 Jack McDuff, Jr., applicant for Shane Nixon, owner, for an amer)dmeriLto the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Single Family Dwelling District. (R-1), on the following described property, to wit: Lots 42, 43, and 44, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street) 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 February 23, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1151 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Single Family Dwelling District (R-1) on the following described property, to wit: Legal Description: Lots 42, 43, and 44, Block 16, Pearland Townsite (West Side of Washington Avenue, and North of Broadway Street) At a regular meeting held on February 16, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1151 to City Council for approval with a second made by Vice -Chairperson Sheryl Greiner. Motion to approve passed 6-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: Shane Nixon 3105 Pilgrims Point Pearland, Texas 77581 Applicant: Jack McGuff, Jr., AIA 5208 Broadway Street, Suite 208 Pearland, Texas 77581 Page 1 of 1