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Ord. 509-564 01-28-02ORDINANCE NO. 509-564 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 .7016 ACRES, BEING LOT 4 OF AN UNRECORDED SUBDIVISION OF 9.83 ACRES, BEING LOT 20, ALLISON RICHEY GULF COAST HOMES SUBDIVISION, SECTION 9, H. T. & B. R.R. COMPANY SURVEY, A-234, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1011)(1949 MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF PAULETTE BURNS, AGENT FOR CLINTON G. WHATLEY, 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, Paulette Burns, Agent for Clinton G. Whatley, Owner, Owners, filed on October 3, 2001, 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 14th of January, 2002, 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 15' day of January, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-564 proposed amendment application by, Paulette Burns, Agent for Clinton G. Whatley, Owner, 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 January 28, 2002, 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 Paulette Burns, Agent for Clinton G. Whatley, Owner, presented which, in the judgment of the City Council, would justify the approval of said application, it is therefore, 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) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1); such property being more particularly described as: .7016 acres, being Lot 4 of an unrecorded subdivision of 9.83 acres, being Lot 20, Allison Richey Gulf Coast Homes Subdivision, Section 9, H. T. & B. R.R. Company Survey, A-234, Brazoria County, Texas (1949 Max Road) ORDINANCE NO. 509-564 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. 509-564 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 28 January , 2002. TOM REID MAYOR ATTEST: day of ORDINANCE NO. 509-564 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day of February , 2002. APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 5 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 5/9/00 / C- V Change in Zoning Classification from: �� � to: 1 , Change in Regulations in Section #: Specific Use for: * '4-r1arc Property ProP a address: qq rrX .J R• / /5) Lot: Block: Subdivision: Pi j111P1- 0-0,0-Ceozi- YID rrej Metes & Bounds rtDyesc Y tion: y) �04-wined_(unplatted prope onl ; attach surve Tax I.D. number: e_.,Current use of land: ' -)6 clew k Proposed use of land within requested designation: Cj 1 Ge'1 Record ownees name: Cit n n Ai i Ina-t-Ie Owner's mailing address: cone) 1) IL- r113- 4 Owner's telephone number: e - C=t l 'p t g �(voice ([— gI- Sb �t_li ,1 a'/xGtoe 981-0 L ('O S -- Ki A iAsI lf 39 (..), .,--1)Agent's name:,L, te. `e 3Arif) Agent's mailing address: a rne Agent's telephone number: ri)L! PETITION: As owner/agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible with c ent and future uses on properties in my vicinity -.--" --") Agent's si Owner's signatu Fees paid: $ Date paid: (© - S- I Received by: Application number: ? 0 I City limits ZONE CHANGE APPLICATION NO. 1011 Clinton G. Whatley/Paulette Bums 1949 Max Road (SD-R1) N W E s AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 :ate of Texas .azoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was.:published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general •culation in Brazoria and Harris Counties, for / issues, -as follows: No. Date /0- 3/ • 20 L— No. No. No. No. Date 20. Date 20 Date 20 Date 20 )scribe and sworn to before me this day of Notary Public, State o Application No. 1011 Published Oct. 31 & Nov. 7, 2001 NOTICE OF A JOINT y PUBLIC. HEARING OF THE d CITY COUNCIL AND -THE 3 PLANNING AND. ZONING COMMISSION OF THE CITY I OF PEARLAND, TEXAS Notice is hereby given that or the 19th day of November 2001, at 6.30- p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria, Hats, and Fort Bend Counties, Texas, will conduct a Joint Public Hearing in the Council. Chambers, City Hail, 3519 Liberty Drive, Pearland, Texas, on the request of Paulette Burns, agent for Citnt(i. G. W atiay, owner, for f ±d: Use••an . rban Development Ordinance of said City from Classification Suburban Development District (SD) to Estate Lot Single Family Dwelling District (RE) on the following described property, to wit: .7016 acres, being Lot 4 of an unrecorded subdivision in Sect 9, H. T. & B. R.R. Co. survey, A•234, Brazoria Co, TX (1949 Max Road) At said hearing all interested parties shall have the right and opportunity to appear a be heard on the subject. /si Young Lorfing City Secretary APPLICATION Igt 1011 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ;ulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date IF 20 Of No. Date 20 No. Date 20 No Date 20 No. Date 20 2dq 511 President scribe and sworn to before me this 01 n-"S day of 12/0 Application No. 1011 Published Oct. 31 & Nov. 7, 2001 NOBE.O.AJ PUC-H t TH CITY COUNCIL AND THE PLANNING Ate ZOIING CO CITY OF PRAINAAVOIS Notice Is hereby given that on the 19th day of November, 2001, at A:3E p.m., the City Coma an the Planning and Zoning Commission of the. City of Pearland, Brazoria, Harris and Fort :::Bend'. toounties, Texas, will conduct a Joint Public Hearing in the OMNI chambers,. City Hall, 3519 tinny Drive, Pearland,. Took GO the request o1 PGurns, agent for Cwton"G.iNhatley, owner, for an amendment to the. Lend' Use and Urban Development Ordinance of said City from Classification : Suburban Development District;(1N3) to Estate Lot Single Family Dwelling District (RE) on the following described propedy, to wit: .7016 acres, being Lot44i an unrecorded subdivislon in Sect 9, H. T. &"`B.' R.R. Co survey, A-234, Brazoria Co, TX (1949 Max Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the.sublect is/Young City $ January 15, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1011 Request by Paulette Burns, agent for Clinton G. Whatley., owners for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Single Family Dwelling District (R 1) on the following described property, to wit: .7016 acres, being Lot 4 of an unrecorded subdivision of 9.83 acres, being Lot 20, Allison Richey Gulf Coast Homes Subdivision, Section 9, H. T. & B. R.R. Co. survey, A-234, Brazoria Co., TX (1949 Max Road) Honorable Mayor and Council Members: At a regular meeting held on January 14, 2002, which was immediately after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Kevin McDonald to forward Zoning Application No. 1011 to City Council for approval with a second made by Commissioner Todd Iocco. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, kk� I3. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas 3razoria and Harris Counties , Randy Emmons, hereby certify that the notice hereby appended was published n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general irculation in Brazoria, Harris & Galveston Counties, for / issues, as -follows: No. Date /- 2-: No. Date 20 No. Date 20 No Date 20 No. Date 20 20 Oa -- President lbscribe and sworn to before me this day o LAURA A. E.;'...,;:,,01Rzz ti Laura Ann Emmons, Publisher Pubtc State o cof Texa- mmision Exgres 9-87-02.4 Notary Public, State of Texas , • . • • APPLICATION No.1011 . - • Published Dec. 26, 2001 'Jan. 2, 2002 - __ I i 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 14th day of January,. 2002, at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend: Counties, Texas, wiliconduct, a Joint Public Hearing in the" iCouncil Chambers, City Hall,' ;3519 Liberty Drive, Pearland,' 'Texas, on the request of! (Paulette Burns, agent for; Clinton G. Whatley, owner, for an amendment to the Land! Use and Urban Development' Ordinance of said City from jClassificatioli Suburban; / Development District (SD) toy Single Family Dwellings District (R1) on the following, I described property, to wit: 1 .7016 acres, being Lot 4 of an unrecorded subdivision of , 9.83 acres, being Lot,20,; Allison Richey Gulf Coast -Homes Subd, Sect 9, H. T. & B. R.R. Co. survey, A-234, Brazoria Co., TX (1949 Max Rd) At said hearing all interested parties shall have the right and opportunity to appear and ba heard on the subject. ,/stMona Ann.Phipps -Development Coordinator . APPLICATION NO. 1011