Loading...
Ord. 509-207 07-27-98ORDINANCE NO. 509-207 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 A 1.90516 ACRE TRACT OUT OF LOTS 20 & 21 OF THE GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, A-70, IN THE PLAT RECORDS, VOLUME 166, PAGE 145, BRAZORIA COUNTY, TEXAS, (APPLICATION NO. 309) (1700 F.M. 518) FROM CLASSIFICATION GENERAL BUSINESS (GB) TO COMMERCIAL (C) AT THE REQUEST OF LEROY AND BETTY JEFFRIES, 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, Leroy and Betty Jeffries, owners, filed on May 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 29th of June, 1998, 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 29th day of June, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Leroy and Betty Jeffries, owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of General Business (GB) to Commercial (C); 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 13, 1998, 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 Leroy and Betty Jeffries, 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 General Business (GB) is hereby for all purposes changed and reclassified as Commercial (C) ; such property being more particularly described as: A 1.90516 acre tract out of lots 20 & 21 of the George W. Jenkins subdivision in the W.D.C. Hall League, A-70, in the plat records, Volume 166, page 145, Brazoria County, Texas (1700 F.M. 518) 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 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 hereinabove described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO. 509~207 PASSED, APPROVED, and ADOPTED on First Reading this July ,1998. 13th TOM REID MAYOR day of ATTEST: of PASSED, APPROVED, and ADOPTED on Second and Final Reading this July , 1998. ~., TOM REID MAYOR ATTEST: TY S ETARY APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY 27th day ('llan[,,c'. m kr.,y, uhBOns in Suct~ol~ #'. I,rol~crty addrc~s. ..... T~o separate. I .~. 20, 21 and Metes & Bou.dx Dcscription'- (unplatted pro~rty ollly: attach surVeY) ]700 FM 518 (E. Broadway), Pearland, tracts 2~,~k: Subdivision: Texas Coo. Jenkins Leagnm ,Abstract 70 See Metes ant] Bounds and Survey attached 'i'i~x I.D. ,mmbcr: 5410-O010-001 and 5410-00] ()-120 Proposed use of land v~ilhin ,'equcsted de. Sigl'~ation; (C15matized and Non C]i~tized) Self Storage Facility Rcc{~rd ow,~f's name: IPcRoy Jeffries and Betty Jeffties 110 Fnxnbar Estates Drive, Owncr's mailmE address: 7rie~]~ood, Texas 77546 2505 Ow.er's Iclcl~}mne number: (281) 992-4924 Agc,.'~ name: Mary A. Kole c o 'RE'MAX Soufh'B~] t" 1~717 ~ighland Me, aS.;Tiw Drive Agcnl's mailing address: Houston.!. Texas 7708'7) Agcnt'S leleph.nc number: (281) 484-0066, C/t:. 21 PI'Z'FI [']ON: As 0wnct/agenl, ! hereby petitran the provaried I~y the l~w~ Ot the Siaie ot Texas and Ordinancc~ of the City of Pcatlund *On a S~cific Use Permit rcqucsl to allow a :csideniial use in a business zo.c (OP, NS, GB), I acknowledge that s.ch se may be .~conxpa~ihlc willl current and future uses on pto~rllcs ZONE R-2 SLEEPY CREEK ZONE R-2 I ZONE GB ZONE GB ZONE GB ~ 90516 BROADWAY 200' (~'P.) ZONE C ZONE C R-1 R-2 GB C LOW DENSITY SINGLE FAMILY DWELLING DISTRICT MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT GENERAL BUSINESS DISTRICT COMMERCIAL DISTRICT e~, J,E,B, ICldsd it; D. SMI'IH 98-8043 OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, 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 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 ~ Editor / day of (~ SSION OF THE Cn'Y OF AR~ND, TEXAS i~e~shereby:~Ji~en.i, that:~ ~,Brazdria~nd Ant Publ{cHearing in the jncit Chambers, Cjty Hall, i9 LibertyDrive, Peadand~ xas, on the request of MaW Ko e, REMA}( South Belt, ant for Leroy, &'. Betty ffries, owner~ far err amend; · -nt to the Land:Use~and'- ~-' ban Development dinanCe-bf said~trom-~: ,klns sulxliv~6iO~' i~:~' p: asShall ..... .-! ,!:a opportune". hnd AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER ~iEWS, a newspaper of general circulation in Brazoria and Harris Counties, for t issues, as follows: No. __ ' Date 19 No. Date 19 N o. Date 19 Editor Subscribe and sworn to before me this 19 ~0 day of C~7 Notary Laura is er ...,,.~, the 29th day of Jane, 1998, at · 6E3Q p.m,, the Ci~ Council an~the pIj~niBg an~ Zoning.' Commission of the City of 'Pearland, Bmzoda and Hards: Counties, Texas, will ~ndbct ~ j0 nt Public Headqgin the . 3ounciI.Chambem, Ci~ Hall, ~5t9 Lib~.D~ve, Peadan~,: exas, on th~ request of M~ ' ~. Kole~ REM~ S~tb;Be!t ..... 8gent for Leroy & Bet~ Jeffdes. owner for an amend- ~t ~Q the ~nd Use and ~an.pevelDpment ~inance of said CiW from: ; assifi~tion General ' "' ' ~. au}iness Distdct (GB) to ;~ :~mme~ial DisIdol (~) on, '~]. e foil0Wing described prop- ~ ~, to wit: Lots 2Q & 21, George W. Je~ki~s subdivision in the W;D.¢ H~II League, A-70, ac¢o~ing to the plat as r~,in Vol. 16, P9. 145, · ' lot R~s of Brazoria . ~;.TX (~700' F.M. 5~8) ..... ~eadng all interested' all have the fight ' '~unity to appearand ~on the subject,' .... .. .~ung Lofting 2. ....,,; ";:~'~,, ,,..:; July 2, 1998 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 309 Request of Leroy & Betty Jeffties, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business (GB) to Commercial (C) on the following described property, to wit: A 1.90516 acre tract out of lots 20 & 21 of the George W. Jenkins subdivision in the W.D.C. Hall League, A-70, in the plat records, Vol. 166., pg. 145, Brazoria Co., TX (1700 F.M. 518) Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint Public Hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Scott and seconded by Commissioner Beltz to approve Application No. 309. Motion to approve passed 4 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairperson Planning & Zoning Commission