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Ord. 509-190 03-23-98ORDINANCE NO. 509-190 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 LOCATED ON A 3.0 ACRE TRACT OF LAND, OUT OF LOT 19, OF THE ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29, H.T.&B.R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4818 MAIN STREET) (APPLICATION NO. 239) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF THOMAS W. & CANDACE M. DEWEY, 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, Thomas W. & Candace M. Dewey, owner, filed on October 27, 1997, 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 23rd day of February, 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 24th day of February, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Thomas W. & Candace M.. Dewey, 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 District (SD) to Heavy Industrial (M-2); 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 March 9, 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 Thomas W. & Candace M. Dewey, 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 District (SD) is hereby for all purposes changed and reclassified as Heavy Industrial (M-2). A 3.0 ac. Tract of land, out of Lot 19, of the Allison-Richey Gulf Coast Home Co. Subdivision, Section 29, H.T. & B. R.R. Co. Survey, A-292, Brazoria County, TX (4818 Main Street.) 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. 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. ORDINANCE NO. 509-190 March , 1998. TOM REID MAYOR AllEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this of March ,1998. ATTEST: TOM REID MAYOR 23rd day APPROVED AS TO FORM: INTERIM -AM-Y-~Mig-T-ES-MGPjL-HzEE)EtGH DARRIN M. COKER CITY ATTORNEY 4 Change in Zoning Classification from: Change in Regulations in Section #: __ Specific Use for: * Property address: '~C~ 1¢,;~ [X/L~ l~ Lot: { q : Metes & Bounds Description: (unplatted pro~ offiy; attach su~5 ALLiSoN -Rtc~'cr' Subdivision: k~ c> nle' EXHIBIT Tax I.D. number: Proposed use of land within requested designation: , C uJL p Record owner's name: C-.,,~-,(xdc:xct-." [M,. '~¢::c...u e ~.. Owner's telephone number: 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 (OP, NS, GB), I acknowledge that such use _may be incompatible with current and future uses on properties in my vicinity. ()wncr's sign;dure- I:ccs paid $ Received !}y Agent's signature: i)atc paid: /g9/a2 '7/d/7 .......... :' A ppl icat i0,n.':riii mbei :' · 'c~"?. ,.'.'. "3':" : .'.~;::':':::':::.' ": ':..~';::i.';:'i '.'. .' :' 4818 MAIN STREET 3.000 ACRES ZONE SD ZONE SD Z lg 13 CITY LIMIT LINE SD SUBURBAN DISTRICT M-2 HEAVY INDUSTRIAL DISTRICT ZONE SD '200' (TYP.) I 200' (TYP.) ZONE SD City of Pearland, Texas THOMAS & CANDACE DEWEY ZONE CHANGE FROM SD TO M-2 0 rr 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: Editor Subscribe and sworn to before me this 19 day of OUil4~.AND.~THE PLAN- I1~1~ RIID ZONING,COM- mm oF 'mE crrv oF EARI,;iAND,;:~': TEXAS! he,23,rd day of February, ~99e,~t~o p:m,, the Csty Zoning (:;ommiesion o! the Harris Counties, Tex~s, will conduSt '~' Joint Public Hearing in abe Council ~Texas, on abe request' jThomes W & Candace M. Den~/~owner.*lorenamend- me~bi ~o thb~Lend Use and! Urban . Development: Go. sUrvey, A-292, Binotis ~ C:~nN, TX (4818 !V~in St.) AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 EXHIBIT 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 N o. Date 19 N o. Date 19 No. Date 19 Subscribe and sworn to before me this day of ~ HEARNG OF THE CITy AND THE PLAN- ND ZONING COM-; N OF THE CITY OF nLANO: TEXAS ticeb'he~giv~mat~o' -' 23t(1 d;y of .Febtuary~= teal a J~im,~biic berry D~ve, Pearland, i~08i On;~t~:~:~reques~ of, ~ma8 W & Candace:M, ~.~ ~ ~ a. ame~- ent to the Land Use than' Developr~en[' ~rdinance of said City from .qaMi~on, l',::,.8ubUrban towit: ;; ~ .. ~ .m. ,of. me ~.~.-.~ sacera ~,ty, x mm 'm~' st.),. t~.r. ~n ;:~he subject..