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Ord. 509-578 04-08-02ORDINANCE NO. 509-578 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 4, 5 AND 6, BLOCK 3, OF REPLAT OF BUENA VIDA, AN ADDITION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 9, PAGE 6, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1027)(5722 AND 5734 OCHOA)FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DISTRICT (R-3) AT THE REQUEST OF LORETO MORENO, 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, Loreto Moreno, Owner, filed on February 6, 2002, 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 11th of March, 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 thel2thday of March, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Loreto Moreno, Owner, whereby the Commission 1 ORDINANCE NO. 509-578 recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development (SD) to Single Family Dwelling District (R-3); 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 25, 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 Loreto Moreno, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development (SD) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-3); such property being more particularly described as: Lots 4, 5 and 6, Block 3, of replat of Buena Vida, an addition in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 9, Page 6, plat records of Brazoria County, Texas (5722 and 5734 Ochoa) ORDINANCE NO. 509-578 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. 509-578 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 25 day of March , 2002. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-578 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8 day of April , 2002. ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 5 CITY OF PEARLAND ZONE CHANGE APPLICATIONr revised 10/20/01 to: Q3 V. Change in Zoning Classification from: Change in Regulations in Section #: Specific Use for: * Property address: 5-7 3OC klr ti �o AdO1 ?$S 5'7z ach0� 4)5; Lot: Block: 3 Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: 08,-1885-- Current use of land:1-/CAVAdi Proposed use of land: 1-7.tl(o W) Record owner's name: Lc re_ID 40 Owner's mailing address: 5 "7 -. b cho c - Owner's telephone number: Agent's name: Agent's mailing address: Agent's telephone number: A81— 48 -a?53 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 current and future uses on properties in my vicinity. ErfAskitrattikee-7-76--- - Fees paid: $ AD . OCv Received by: Agent's signature: Date paid: Application number. 1111% Iti ull 'TA\ Ng I•i nal us is fi Kar i ihuIIk Iffkgmrairo mai INNS �1 MIN %: MI NE 11111 NII IN MINN 11111111111 Irmo MII c'Ti rag! th 4111 WA MOM 161111 _ MIN 1.0111111111 ism 11 11`�r Wili 0 1111 MN 11,NINN - ilea NM NE ON 4:4411 ON INN IN It* NMNE EN 0 all i■�� :. ����� iI,t G I. Abe I NMI MI IIIIIII iii Nom NMI 11111111 MINI umilla NM NM Pal �a r , I + r Y 1i I , t- 1 ti • mull 116 LILIC c Zone Change Application No. 1027 Loreto Moreno 5722 & 5734 Ochoa Street (SD-R3) MH R-2 R-2 R-2 Zone Change Application No. 1027 Loreto Moreno 5722 & 5734 Ochoa Street (SD-R3) N 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 n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of; general circulation in Brazoria, Harris & Galveston Counties, for F issues, as1ollows: No. 1 Date - -2 -20 20 •D Z No. Date - 20 No. Date 20, No. Date 20 No. Date 20 4 g-,/n, President Subscribe and sworn to before me this day o `^`_t•-.,is +-.,•i:te' A�ti,�}Naar/ Fusi State 0 Yexas it ez'.�'"- Commission Expires 9-3-02 Laura Ann Emmons Publisher Notary Public, State of Texas Application No. 1027 Published Feb. 20 & Feb. 27, 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 11th day of March, 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 Coun(tes, Texas, will conduct a Jo1ot Public Hearing in the Counryf Chambers, City Hall, ;3514 Liberty Drive,Pearfantf, Texas on the/ request of Loreto Moreno, owner, for an amendment to the Land UVQ. and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Single Family Dwelling District (R-3) on the following described property, to wit: Lots 4, 5 & 6, Block 3, of replat of Buena Vida, an addi- tion in Brazoria Co., TX, according to the map or plat thereof recorded in Volume 9, Page 6, plat records of Brazoria Co., TX (5722 & 5734 Ochoa) At said hearing all interested parties shall have the titbit and oppo►tun r and beaieareieot. is/ Mona Ann Phipps Development Coordinator APPf f�CA! i! 2. 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 1 issues, asfollows: No. / Date - -1.177 20 D 2. No. Date 20 No. Date 20 No. Date 20 No. Date 20 subscribe and sworn to before me this 0 6 — LAUR A. a ill tilVli L'I l ) Nct ryFOOPc,;t ie or texas Commi3.sien Expires 9 9-02 t • day o Laura Ann Emmons, Publisher Notary Public, State of Texas Application No. 1027 Published Feb. 20 & Feb. 27„ 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNINOAND.ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 11 th day of March, 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, Peartand, Texas on the request of Loreto Moreno, owner, 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-3) on the following described property, to wit: Lots 4, 5 & 6, Block 3, of replat of Buena Vida, an addi- tion in Brazoria Co., TX, according to the map or plat thereof recorded in Volume 9, Page 6, plat records of Brazoria Co„ TX (5722 & 5734 Ochoa) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Is/ Mona Ann Pt$pps, Developritent'Coordinato APPLICATION Nt 1027 March 12, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1027 Request of Loreto Moreno, owner for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to Single Family dwelling District (R-3) on the following described property, to wit: Lots 4, 5 and 6, Block 3, of replat of Buena Vida, an addition in Brazoria Co., TX, according to the map or plat thereof recorded in Volume 9, Page 6, plat records of Brazoria Co., TX (5722 and 5734 Ochoa) Honorable Mayor and Council Members: At a regular meeting held on March 11, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Todd Iocco made a motion to forward the Zoning Application No. 1027 to City Council for approval with a second made by Commissioner Kevin McDonald. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, H. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg Page 1 of 1