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Ord. 509-313 08-09-99 ORDINANCE NO. 509-313 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 BEING THE NORTH % OF LOT 44, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T. & B.R.R. CO. SURVEY, A-504,RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 653)(2350 GARDEN ROAD) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SO) TO LIGHT INDUSTRIAL DISTRICT (M-1 ) AT THE REQUEST OF MOSE DEVELOPMENT, LLC, 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, Mose Development, LLC, Owners, filed on December 4, 1998, 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 application for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 12th day of July, 1999, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council ofthe 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 19th day of July, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Mose Development,LLC, owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development (SO) to Light Industrial 1 District (M-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 July 26, 1999, 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 Mose Development,LLC, owners, facts were 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 (SD) is hereby for all purposes changed and reclassified as Light Industrial District (M-1); such property being more particularly described as: The North % of Lot 44, Allison Richey Gulf Coast Home Co. Subdivision, Section 8, H.T. & B.R.R. Co. Survey, A-504, recorded in Volume 2, Page 23, Plat Records of Brazoria County, Texas (2350 Garden Road) 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. 2 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 ofthis 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. 509-313 PASSED, APPROVED, and ADOPTED on First Reading this ,~lc -t hday of I) \ \) ,1999. /J ( ^' I ..~?>rn 1 ~ TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this C\ -\h day of AlMj -.:,~)\= ,1999. ",;J,m 4 2 jJ . TOM REID MAYOR APPROVED AS TO FORM: 0~ 11. ~ DARRIN M. COKER CITY ATTORNEY 4 \ Change in Zoning Classification from: to: I ! il II II il Change in Regulations in Section II: Specific Use for: * Property address: Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax 1.D. number: Proposed use of land within requested designation: G~KD koAD Record owner's name: Owner's mailing address: YO Owner's telephone number: :J<51- ~j- G I I ( Agent's name: 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 (GP, NS, GB), I acknowledge that such use I may be incompatible with current and future uses on properties in my vicinity. I~ Fees paid: $ Il Received by: Agent's signature: ru f}- J;)' L)- fi 19 ZONE SO 42 43 20 ZONE SO 21 zoo' (1'11'.) 23 SD SUBURBAN DISTRICT R-1 LOW DENSllY SINGLE FAMILY DWELLING DISTRICT M-1 LIGHT INDUSTRIAL DISTRICT ~ ZONE R-' LAURIE DRIVE ZON I ZONE R-1 GARDENIA CIty of Peerland. Texae App. No~85J - SHEET Dahl: JANw, 1999 HORZ: 1 "-300' 1 VERT :,"- Own .,. J.E-B. CAD I1LE: aIIod .,. D. SMITH 99-8032 or1 19 July 1999 Mayor & City Council members: City Hall Pearland, TX 77581 RE: Zoning Application No. 653 The above referenced zone change applications were reviewed by the Planning & Zoning Commission at a regular meeting on Monday, July 8, 1999. The owners requested an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD to Light Industrial District (M-l) on the following properties, to wit: Application No. 653 Owner: Mose Development, LLC P.O. Box 149 Pearland, TX 77581 Legal: The N 1/2 of Lot 44, Allison Richey Gulf Coast Home Co. subdivision, sect. 8, HT& B RR Co. Survey, A-504, recorded in Vol. 2, pg. 23, plat records of Brazoria Co., TX (2350 Garden Rd) The motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Emil Beltz to approve the application listed above. The motion to approve passed with a vote of 5 to O. Please read this information into the official records of the City of Pearland and provide a written copy to the City Secretary for the same purpose. Sincerely, -71~~V1//~ Mary starr, Chairperson Planning & Zoning Commission City of Pearland AFFIDAVIT OF PUBLICATION The Pearland Reporter N,ews 2404 South Park Pearl and, 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 and Harris Counties, for ) issues, as follo"'{s: No. / Date i-1 19 qi , No. Date 19 No. Date 19 No. Date 19 No. Date 19 ~~ ~17~ President Subscribe and sworn to before me this 19 ~~ /0 day of JLL~ Notary Public, State of Texas NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUN'CILAND THE PLAnNING AND ZONING . COMMiSSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 28 th day of June, 1999",- at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of I Pearland, Brazoria and Harris Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, 'Texas, on the request of Mose Development, LLC., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SO) to Light Industrial District (M- 1) on the following described property, to wit: TheN 1/2 of Lot 44, Allison- Richey Gulf Coast Home Co. subdivision, sect.8, HT& BRR Co. survey, A-504, recorded in Vol. 2, pg. 23', Plat records of Brazoria Co., TX (2530 Garden Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. 181 Young Lorfing City Secretary APPLICATION NO. 653 AFFIDAVIT OF PUBLICATION The Pearland Reporter N,ews . 2404 South Park Pearl and, 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 and Harris Counties, for I issues, as follovys: No. I Date c- /~ 19~ I No. Date 19 No. Date 19 No. Date 19 No. Date 19 M~~ President Subscribe and sworn to before me this 19 00 11 day of J fA.-r-e- .sher -'- otary Public, State of Texas I NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLAnNING AND ZONING COMMiSSION OF THE CITY OF PEAR LAND, TEXAS Notice is hereby given that on the 28 th day of June, 1999, at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria and Harris Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Mose Development, LLC., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification, Suburban Development (SD) to Light Industrial District (M- 1) on the following described property, to wit: The N 1/2 of Lot 44, Allison- Richey Gulf Coast Home Co. subdivision, sect.8. HT& BRR Co. survey, A-504, recorded in Vol. 2, pg. 23, Plat records of Brazoria Co., TX (2530 Garden Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Isf Young Lorfing City Secretary ~~l~~"".