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Ord. 509-394 01-24-00ORDINANCE NO.509-394 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 1.25 ACRES SITUATED IN LOT 57, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA CO., TEXAS ACCORDING TO THE PLAT RECORDS IN VOLUME 2, PAGES 23-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 849) (14015 CR 556 (GARDENS)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GREGORY R. MOORE & SUSAN C. DIETERICH, 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, Gregory R. Moore & Susan C. Dieterich, Owners, filed on October 11, 1999, 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 22nd of November, 1999, 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 711' day of December, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Gregory R. Moore & Susan C. Dieterich, Owners, whereby the 1 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 10, 2000, 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 Gregory R. Moore & Susan C. Dieterich, 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) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1); such property being more particularly described as: 1.25 acres situated in Lot 57, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas according to the plat records in volume 2, pages 23-24, plat records of Brazoria County, Texas (14015 CR 556 (Gardens)) 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 2 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. 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. 3 ORDINANCE NO. 509-394 PASSED, APPROVED, and ADOPTED on First Reading this 10th day of January , 2000. TOM REID MAYOR ATTEST: Y4PNGL SEC: TARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of January APPROVED AS TO FORM: CITY ATTORNEY , 2000. cpra TOM REID MAYOR 4 December 7, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 849 Request of Gregory R. Moore & Susan C. Dieterich, owner, 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: 1.25 acres situated in Lot 57, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX according to the plat records in Vol. 2, pgs 23-24, plat records of Brazoria Co., TX (14015 CR 556 (Gardens)) Honorable Mayor and Council Members: At a regular meeting held on December 6, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil Beltz to recommend approval of Zone Change Application No. 849. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning & Zoning Commission �� �� • ✓t7aWA!\Y ZONE CHANGE APPLICATION revised 3/5/96 v Change in Zoning in Regulations Use for. Classification from: 50 to: iS I Change in Section #: Specific " Property address: 1 14015 C ,P M j (p C6iard@nS) 1,2h acnes;n Lot: trot 51 Block: AtLI5alI c Gui-F Goc`3 Hova,G, .A.Odwi5," Subdivision: r �1., j�.ct�cn ii Metes & Bounds Description: (unplatted property only; attachLsurvey) Tax I.D. number. 34Q' `I CC) slog /� Iv Proposed use of land within requested designation: `-2, \ C1 eivvci, Style Ft m 1 U1 Record owner's name:j 2, M ocn, L Susc -) C. ad -ex d, Owners mailing address: 141- 01 C- .'.. S Co Owner's telephone number 281 ' 4 `Th ' 12-`10 Agent's name: kl DIN3-- 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), 1 acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signature: tvcso C__Ini Agent's signature: (Ar th ' Fees paid: $ R � Date paid: 1D I) kr19 Received by n- Watt- Application number: L. • SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT City of Peerland, Texas OREOARY MOORE & SUSAN DI :TERIOR ZONECHMANGE 8D TO R-1 M0. N..848 ace* SHEET oak. OCT., 1888 wga:,'-5W1 .,_ aw. an J.EB. C/O OLE Mal Y C. T MIUNSOD 88-8187 Of 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 tate of Texas razoria 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 rculation in Brazoria and Harris Counties, for / issues, as follows: ibscribe and sworn to before me this CtrW „ tz- i'ieg 9-0- bli Votary Public, a e • NOTICE OF A JOINT; PUBLIC HEARING OF THE`i CITY COUNCIL AND THEI PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 22nd day of November, 1999, at 6:30 p.m., the City Council and the Planning and. Zoning commission of fhe 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 Gregory R. Moore and Susan C. Dieterich, owner, of 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 P described property, to wit: 1.25 acres situated in Lot 57, • Allison Rickey Gulf ',Coast ' home Co. subdivision, Section 19, H.T. and. B.R.R. Co. sur- vey, A;243, Brazoria Co., Tx • according to the plat records in Vol.\2, pgs. 23-24,, plat records, of Brazoria Co.,, Tx (14015 CR 556 (Gardens)'. • At said hearing all interested parties shall have the right .and opporkunity to appear and tt be heard il n the subject. ` /s/ Young torfing. _ City Secretary APPLICATION NO. 849