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Ord. 509-566 02-11-02ORDINANCE NO. 509-566 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 2.225 ACRES, IN THE H. T. & B. R.R. COMPANY SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1017) (HILLHOUSE ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF JORGE AND LISA AGUIRRE, 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, Jorge and Lisa Aguirre, Owners, filed on November 9, 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 proposed amendment application by, Jorge and Lisa Aguirre, Owners, whereby the 1 ORDINANCE NO. 509-566 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 Estate Lot Single Family Dwelling District (RE); 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 Jorge and Lisa Aguirre, Owners, 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: 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 Estate Lot single Family Dwelling District (RE); such property being more particularly described as: 2.225 acres, in the H. T. & B. R.R. Company Survey, A-506, Brazoria County, Texas (Hillhouse Road) 2 ORDINANCE NO. 509-566 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. 509-566 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 day of January , 2002. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-566 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day of February , 2002. ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 5 ID: NOV 08'01 17:20 No.010 P.02 'EARLAi,ND ZONE,C ANGE AP1.1,1CATJON • ;' revised,1.0/20/01 Change in Zoning Classification from: SD Change in Regulations in Section #: Specific Use for: * Property address: Lot: Block: Metes & Bounds Description: (unplatted property only; attach survey) Tax ID. number: Y Current use of land: Cw Subdivision: t Proposed use of land: i ()fie- (test^d W Record owner's name: pry- Lcsi.} i)}vki t,f,& Owner's mailing address: Owner's telephone number: q3\ Loc-14 RrAA0,4 ?Ai tilaa0a61 Agent's name: V\ l C\ Agent's mailing address: Agent's telephone number: 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 wAth currt and future uses on properties in my vicinity. Owner's signatur Received by: Agent's Signature: City limits Zone Change Application No. 1017 Jorge and Lisa Aguirre Hillhouse Road (SD -RE) W E AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texa,s 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, Harris & Galveston Counties, for / issues, as follows: No / Date _/ .2Z, 20 & No. Date _ 20 No. Date 20 No. Date 20 No. Date 20 bscribe and sworn to before me this bt r L wL�Ys-, President day of Aitntg Q ` T Ii° her Commission Expires 9-9-02 l: :v.�._ K�1��74�+v�1rM 'a 1ffiv :Xl cTe,/yas Application No. 1017 Published Oec. 26, 2001. & Jan. 2,2002 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, will conduct a Joint Public Heeling in the atnber$, Gity Hall, t9 Arland, Texas, Jerga owner; ter an amen the Land Use an. Uri Development Ordinance asl said City from Classification Suburban Development District (SD) to Estate, Lot Single Family Dwelling District (RE) on the following described property, to wit: 2.225 acres, in the H. T. VI R.R. Co. survey, A-506, Brazoria Co., TX (Hillhouse Rd) At said hearing all interested parties shall have the right and opportunity to appear and be, heard on the sublet. Is/ M©na Annftti AFFIDAVIT OF PUBLICATION The Pearland Reporter .News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties , Randy Emmons, hereby certify that the notice hereby appended was published n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general :irculation in Brazoria, Harris & Galveston Counties, for l issues, as -follows: No. _ f Date /- Z. 20 0 ZL No. Date - 20 No Date 20 No Date 20 No. Date 20 ibscribe and sworn to before me this /Z.,(4 ct ryFubiC o. t 47 r LAI IRA-' { T> Laura Ann Emmons, Publisher c,St:i4 or::Inio.ten Exp'es 9-9 02 ' Notary Public, State of Texas President day o deo-) APPLICATION No.1017 Published Dec. 26, 2001 & Jan. 2, 2002 NOTICE OF A, DINT PUBLIC HEARING$F THE CITY COUNCI PLANNING AND Z ' ilING.,. 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, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Jorge and Lisa Aguirre,. owner, for an amendment to the Land Use and Urban Development Ordinance of said City Irom:Classification Suburban .:, evelopR apj District (SD)'to Estate tot Single Family Dwelling District (RE) onthe ioliii...g described property, to Wit-; 2.225 acres, in the 11, T. & B. R.R. Co. survey A=506, Brazoria Co ,TX :Hi hate Rd) At said heath parties shall have the' right and opportunity to'appear and be heard on the"subject. /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1017 January 15, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1017 Request by Jorge and Lisa Aguirre, owner for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Estate Lot Single Family Dwelling District (RE) on the following described property, to wit: 2.225 acres, in the H. T. & B. R.R. Co. survey, A-506, Brazoria Co., TX (Hillhouse 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 Robert Scherrer to forward Zoning Application No. 1017 to City Council for approval with a second made by Commissioner Russ Selemon. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, H. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg