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Ord. 509-296 04-26-99 FailedORDINANCE NO. 509-296 FAILED 4-26-99 ORDINANCE NO. 509-296 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 0.0505 ACRES OUT OF A 10 ACRE TRACT IN THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE G.C. SMITH SURVEY, SECTION 16, A-546, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 315) FROM THE CLASSIFICATION SUBURBAN DEVELOPMENT (SD)TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF KEITH SANDERS, 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, Keith Sanders, owner, filed on June 6, 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 5th day of .April, 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 6th day of April, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Keith Sanders, owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development (SD) to Light Industrial 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 April 12, 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 Keith Sanders, owner, 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: Being 0.0505 Acre Out of a 10 Acre Tract in the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of the G.C. Smith survey, Section 16, A-546, of the Deed Records of Brazoria County,.Texas 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. 2 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. PASSED, APPROVED, and ADOPTED on First Reading this day of , 1999. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY 3 ORDINANCE NO. 509-296 PASSED,APPROVED, and ADOPTED on Second and Final Reading this day of , 1999. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 r .'{r`�t...L..>tc�s'.y'• /,"}r ', •. •.•�/9 :;``i�+`�>7.s"`,�� a ,.-.!' � Y. +s�� "� � .� 1:+':y.� a4!•: ��'�'7�1\•a�•.•1�" �<� \ y' 3 ♦ o `$>i> yi� !/z.f�;;; �y x K• tutr .c.G.•,.tCtiti ✓y/.v'.,s \\�•1t,� .3 ! r o r \4. ?< �� .D. of ti y s. : v •�� \\y,. \\ 6•: Y < )� ��.w.w •✓.,a^b.:.,.a.,RwGc..;C.w S,. :.•akttc:.�'.:,.::.\�.D.�'} }kt '�°/i s ♦•to \ 1 ...,.a,:�a , ..•.«..•.....4.,,,. •\\ � fit3 K Change in Zoning Classification from: ! ) to: IfY1-1 Change in Regulations in Section#: Specific Use for: * ki PC Property address: �� Q CA Lot: pZ C Block: Subdivision: c jeddd*Le- Metes & Bounds Description: (unplatted property only; attach survey) . e Tax I.D. number: , l N Proposed use of land within requested designation: Se(7+i L ZYS 4C 4\ ion Co ►rr+ ant Record owner's name: 6,714 5„,dt,...te.,s Owner's mailing address: l chhg it-- ?� )0 he 7?5"et Owner's telephone number: a�f f�ygq--07:5"7 Agent's name: Agent's mailing address: j Agent's telephone number: • \;kc 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. Owner's signature: L. Agent's signature: - Fees paid: $ Date paid: (p - -9 Received by: ,> �1/�a , 1 3'; it✓=..•;y rfZDc e£ rf r ' $ tvY gat 1 N _ WILLOW STREET TERRELL DR. 200' ca ZONE SD ZONE SD (.......-- 2001 i oNWOOD STREET ,.. cwa ' 411 ,..........____ 4 0.505 ACRES SHARONDALE o cc i RAZA D R. ct Y w ZONE SD tY N I ZONE SD ZONE R-1 1.!' !1;J. City of Paarfand,Texas 109TH SA1DQ111 CHANGE SD SUBURBAN DISTRICT E 8A- R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT .pp.Na4115 ... OW M-1 LIGHT INDUSTRIAL DISTRICT MN am Me Ilculzglr 1 ,.g&E.L w Fut or 1M O. SMITH Winn Or 1 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 in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for 1 issues, as follows: No. / • Date .3 ` ).-c( 19 1 No. Date 19 No.. Date 19 No. Date 19 No. Date 19 . I IF�sY�(iYYL President Subscribe and sworn to before me this Z day of�� C.� 19 lA 4rieo�` ° •URA A MON e hc,Stato of Texas .,7 z ji mri 4tts ' -her Notary Public, State of Texas • + ,r i , Aso: +y^' Q ., ION or CITY:oc.ii mi bpi • t Jy y 9��n3 etaeroby pivert that on? 51h day:03 1lprL 199a .At" ,rri;the Git�►�Cpuncll tha plannlnD:and 2cifilog mi ilot�ot,the City` of` Te ,, 6onditot tirzNn�fihw nd'Ch'a isi City H=M, 9-t.betty R � eh0rre t t t , • aEy y1 • 4f ea dtland out of t Wittf tab SitiveyttBAc s 4 the'ak. r. sakt h r€�pilitler0Oidv' ttiisIItshaltshtve tt opp�rtuniiy b;appear�tt�; 3 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 in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general. circulation in Brazoria and Harris Counties, for / issues, as follows: No. / • Date 3-- / 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 rr,\GrY-1. President Subscribe and sworn to before me this / 1 day of LAW--1:\ 19 °A r"4` Ali her Nkomo rn," =' �= ic �tate of Texas t :, n "d. E 1 > 9 t .' Pd riitr� N. `ING AND ZONING COAT: ' 4,,z-,...4:. ''.!:i s f � k _'liceµ ts.h rsby en that iiii' -.•:- .Otli*,of Ape},c,l j-a.; •,30,p.tm the-4City Cbunci nd faa Planning 5Zori ,,gmmtssion of the City eriand,°,3mzona`'and t1elsis' K ' I ,,Texae;w ': x . , ,Public Hearing k the hncA Ctiarnb`er.City Hat s b e Land Usse aIa to f on ailirb n' +eve (SD)to Lit ,1: i • 1)o6 k"::10 ac,tragim`the;S .1ia"of•. NE,`14 sot SY-t l4 of ttie GCSn -sill, , Surveg in ' ;AS46ofthed sordeo2razo4 f,T c 4i 1At said hearing�all tntere ed 'parties:shall have''the right` •arid Wppod 1 tti and•' •be,heard on=fhe'subject. N }lam '{.{�. J } ', `f Q'Y • 6 April 1999 Mayor& City Council members: City Hall Pearland, TX 77581 RE: Zoning Applications No. 315, and 575 The above referenced zone change applications were reviewed by the Planning&Zoning Commission at a regular meeting on Monday, April 5, 1999. The owners requested an-amendment to the Land Use and Urban Development Ordinance of said City from Classifications Suburban Development (SD)to Light Industrial District(M-1)on the following properties, to wit: AppLc�ta�i-No 315 r Owner: Keith Sanders • 6041 Sharondale Pearland, TX 77584 Legal: Being 0.505 ac. Out of a 10 ac. tract in the S. 1/2 of the NE 1/4 of the SE 1/4 of the G.C. Smith survey, Sect. 16, A-546, of the Deed Records of Brazoria Co., TX Application No. 575 Owner: Charles R. Upshaw&Paul Mulcahey P.O. Box 218 Manvel, TX 77578 Legal: Being 2.0 acres, more or less, out of the HT&B RR Co. Survey, A-546, a.k.a. Tract 7B1, according to the plat records of Brazoria Co., TX(15910 Harkey Road) The motion was made by Commissioner Tommy Scott and seconded by Commissioner Emil Beltz to approve the applications listed above. The motion to approve passed unanimously (6-0). 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, Mary Starr, Chairperson Planning&Zoning Commission City of Pearland