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Ord. 509-130 05-12-97 ORDINANCE NO. 509-130 AN ORDINANCE 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 2.7106 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 29, PAGE 9 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, 17635 SH 35. (APPLICATION NO. 208) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M2) AT THE REQUEST OF GATECH ENTERPRISES, INC., 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, Gatech Enterprises, Inc., owner, filed on December 12, 1996, 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 14th day of April, 1997, 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 15th day of April, 1997, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application of Gatech Enterprises, Inc., owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit 1 "A" from its existing classification of Suburban Development District (SD) to Heavy Industrial District (M2); 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 28, 1997, 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 Gatech Enterprises, Inc., 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 District (M2). 2.7106 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R.R. Survey, A-551, (G.C. Smith Survey), recorded Vol. 29, Page 9 of the Deed Records of Brazoria County, Texas (17635 SH 35). 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 reclassi~cation of the hereinabove 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 ')rh ~ ,1997. day of TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this of C~~,, ,1997. ATTEST: TOM REID MAYOR Change in Zoning Classification from: Change in Regulations in Section//: __ Specific Use for: * Property address: ] 7& ~ J~ rot: /7~elo~,: Metes & Bounds Description: (unplatted property only; attach survey) .~'e3c,3 ,35 '~e_,a t- b nc't Subdivision: a-~©ehect Exh, Ta~ I.D..umber: 7 4 -/c? ,3 2 { 8,3 Proposed use of land within requested designation: Record owner's name: ~ ct JC~ (J ~ Agent's mailing address: VQ c9 r3 Lt -f ~3 c Tk t.t r l r') ~ E nJcerp rt se5 _L'ne. Owner's mailing address: Agent's name: Agent's telephone number: F'r-~'r~dlsLOOocr/; 'T'X. 7 7754q-0//~' 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 curren future us.e.a. on properties in my vicinity. 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