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Ord. 509-594 07-22-02 FailedFAILED 7/22/02 ORDINANCE NO. 509-594 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 BEING10.0597 ACRES, BEING LOT 3, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 10, H. T. & B. R.R. COMPANY SURVEY, A-505, BRAZORIA COUNTY, TEXAS, AS RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1043) (7717-7817 THOMSON STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, MARIETHOMSON, 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, Marie Thomson, Owner, filed on June 14, 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 8th day of July, 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 9th day of July, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Marie Thomson, Owner, whereby the Commission 1 ORDINANCE NO. 509-594 recommended and denied a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Heavy Industrial District (M-2); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and considered the recommendation of the Planning and Zoning Commission, at a regular meeting on July 22, 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 Marie Thomson, 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 Suburban Development District (SD) is hereby for all purposes changed and reclassified as Heavy Industrial District (M-2); such property being more particularly described as: 10.0597 acres, being Lot 3, Allison Richey Gulf Coast Home Company Subdivision, Section 10, H. T. & B. R.R. Company Survey, A-505, Brazoria County, Texas, as recorded in Volume 2, page 24, plat records of Brazoria County, Texas (7717-7817 Thomson Street) The City Council of the City of Pearland finds and determines that the recitations in 2 ORDINANCE NO. 509-594 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. 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 3 ORDINANCE NO. 509-594 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 day of , 2002. ATTEST: YOUNG LORFING CITY SECRETARY 4 TOM REID MAYOR ORDINANCE NO. 509-594 PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2002. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 TOM REID MAYOR CITY OF PEARLAND ZONE CHANGE APPLICATION revised 10/20/01 • Change in Zoning Classification from: Change in Regulations in Section #: Specific Use for: * to: Property address: Lot: , 3 Block: Metes & Bounds Description: (unplatted property only; attach survey) /0 /6 .�� (17 7/`)• /. '7 /'7) sas Subdivision: & t0 Tax I.D. number: Current use of land: Proposed use of land: Record owner's name: aALL, Owner's mailing address: 12 3 67 ,1-f ��azQa�d �75b°/ f Owner's telephone number: ('i /3) ' / Y o (.(7 11) f Agent's name: Agent's mailing address: Agent's telephone number: N`A -8i 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 withurrent and future uses on properties in my vicinity. Owner's sign Received by: Agent's signature: Application number:' SD RE MI RI R1 - R3 MN R4 - CRY PROP PARK PUD SDB •4 A SDR OUT CITY Zone Change Application No. 1043 Marie Thomson 7717-7817 Thomson Street (SD-M2) July 9, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1043 Request of Marie Thomson, owner for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described property, to wit: 10.0597 acres, being Lot 3, Allison Richey Gulf Coast Home Co. Subdivision, Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX, as recorded in Volume 2, page 24, plat records of Brazoria Co., TX (7717-7817 Thomson Street) Honorable Mayor and Council Members: At a regular meeting held on July 8, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1043 to City Council for denial with a second made by Commissioner Don Sederdahl. Motion to deny passed 4 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1 AFHH DAV T (11, F PUBUCATII)N The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of,Texas Brazoria and Harris Counties 1, 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 20 6: No Date 20 _ No. Date -20 No. Date 20 No. Date •20 Subscribe and sworn to before me this �7 20 03-- -r=—\ \ LAURA A. EMMONS PLoi;C , uts:te 07 I C-XuS 'ww„;;;, comri3Slcn 9 -02 t;I day of aura Ann Emmons, Publisher Notary Public, State of.Texas Public Hearing - Application No. 1043 Pub. 6/19 & 26/02 - Published June 19 & June 26, 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 8th day of July, 2002, at 6:30 p.m., the - City Council and Planning and Zoning_ Commission of the'. City of Pearland, Brazoria, Harris •and Fort Bend', Counties, Texas, will con•,. duct a joint public hearing in' the Council Chambers of City Hall, 3519 Liberty Drive,: Pearland, Texas, on th& • request of Marie Thomson, owner, for an amendment to: the Land Use and Urban . Development Ordinance of , said City from Classification Suburban Development District (SD) to . Heavy Industrial District (M2) on the following . described , property, to wit: 10.0597 acres, being Lot 3, Allison Richey Gulf Coast • Home Co. Subdivision, Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX, as recorded in Vol. 1. -2;. pg. 24; plat records, of • Brazoria Co:, TX '(7717-r 7817 Them'son Street) At said,hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. • /s/ Mona Ann Phipps • Development Coordinator APPLICATION NO. 1043 5ev ')"'us AFHH NAT F *URIC N The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas 3azoria 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 irculation in Brazoria, Harris & Galveston Counties, for 1 issues; -as -follows: No. / Date 6- /-i 20 sd No. Date 20... No. Date - No. Date 20 No. Date ..20 abscribe and sworn to before me this 1oL - LAURA A. ElMO�c,- r i,.oz3ry Pr,,, State of� Commission Expi c3 v -02 ' r day of aura Ann Emmons, Publisher . . Notary Public, State of Texas Public Hearing - Application No. 1043 Pub. 6/19 & 26/02 Published June 19 & June "•26, 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 8th day of July, 2002, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearlarid, Brazoria, Harris and Fort Bend Counties, Texas, will con- ' duct a joint public hearing in j the Council Chambers of ' City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Marie Thomson, owner, for an amendment to the Land Use and Urban Development Ordinance of ' ,said City from Classification Suburban Development District (SD) to Heavy Industrial District (M2) on 1 the following described property, to wit: 10.0597-acres, being Lot 3, I Allison Richey Gulf Coast 1 Home Co. Subdivision, Section 10, H. T. & B. R.R. t_ Co, survey, A-505, Brazoria Co: TX, as recorded in Vol. -; 2r.:'pg 24, plat records, of 7 Brazoria Co., TX (7717- 7617 Thomson Street) At said hearing all interested parties shall have the right and opportunity to appear �, and be heard on the subject. /s/ Mona Ann Phipps 1 Development Coordinator APPLICATION NO. 1043 A -ED VHF F PU IICA1 N 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 4-- No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this �7 20 a)- ; % LAURA A. EMMONS VP ' Notary Public State i o.xa Commiss!on En i es C-C i 3 P �2 S:7 day of 20 aura Ann Emmons, Publisher Notary Public State of Texas Public Hearing - Application No. 1034 Pub. 6/19 & 26/02 Published June 19 & June j 26, 2002 ,• NOTICE OF A JOINT PUBLIC HEARING OF THE 1 CITY COUNCIL AND THE ' PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Ii Notice is hereby given that on the 8th day of July, 2002,, at 6:30 p.m., the City. Council and Planning and Zoning Commission of the, City of Pearland, Brazoria,, Harris and Fort Bend Counties, Texas, will con duct a joint public hearing in the Council Chambers of • City Hall, 3519 Liberty Drive; Pearland, Texas, on the ' request of James Johnson, agent for John Briggs and' Meredith Briggs LeBlanc,. owner, for an amendment to lthe Land Use .and Urban Development Ordinance of said City from Classification Estate Lot Single Family, Dwelling District (RE) to• ' Single Family Dwelling • District (R-2) on the follow- ing described property, to t` wit: ; 120.134 acres, being Lots 4 ' and 7 of Section 14, H. T. & ?' B. R.R. Co. survey, A-538, Brazoria Co., TX, R.B. Lyle .Assignee, according to the plat recorded in Vol. 2, pg 98, plat records of Brazoria Co.; TX• (CR 92 (Broadway Street) © CR 48) At said hearing all interested • parties shall have: the right and opportunity to appear • and be heard on the subject. C /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1034 VIT ! F LUCATI N 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 Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper.:of;general irculation in Brazoria, Harris & Galveston Counties, for / issues; -as follows: No / Date 6 - il 20 46 No Date 20...: No. Date - 20 No. Date 20 No. Date 20 abscribe and sworn to before me this �U LAJ9iA A . EM MO S A. ) Notary Public, State of i 1-, V� „Zoa r• Cotmmmas:on Exp(re 9 C 0 i bww„�: N:1 GJ J"J• - day of aura Ann Emmons, Publisher Notary -Public, State of Texas = . Public Hearing - Application No. 1034 Pub. 6/19 & 26/02 Published June 19 & June' ' '26, 2002 - - t 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 8th day of July, 2002,1 at 6:30 ,p.m., the, City', Council ,and Planning and' Zoning Commission of, the', { City of Pearland, Brazoria, Harris and. Fort Bend Counties, Texas, will con- ; duct a joint public hearing in the Council Chambers oC n City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of James Johnson, agent for John Briggs and Meredith Briggs LeBlanc, owner, for an amendment to the Land Use and Urban Development Ordinance of , said City from Classification Estate Lot Single Family Defiing--District (RE) to , Single Family Dwelling j District (R-2) on the follow- l ing described property, to wit: - 120.134 acres, being Lots 4 • and 7 of Section 14, H..T. & i B. R.R. Co. survey, A-538, Brazoria Co., TX, R.B. Lyle Assignee, according to the plat recorded in Vol. 2, pg 98, plat records of Brazoria Co., TX (CR 92 (Broadway') Street) © CR 48) , At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Is/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1034