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Ord. 509-650 05-12-03ORDINANCE NO. 509-650 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 AND GRANTING A SPECIFIC USE PERMIT FOR HEAVY MACHINERY STORAGE AND REPAIR, ON THE FOLLOWING PROPERTY 2.00 ACRES OUT OF A 5.00 ACRE TRACT OF LOT 1, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 19, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS (8434 BROOKSIDE ROAD)(APPLICATION NO. 1094)(SPECIFIC USE NO. 126) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF JUSTIN BRANTLEY, 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, Justin Brantley, Owner, filed on February 10, 2003, 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 applications for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and; WHEREAS, on the 21st of April, 2003, 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 April, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Justin Brantley, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its 1 ORDINANCE NO. 509-650 existing classification of Suburban Development District (SD) to Commercial District - Specific Use (C(S)); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and the recommendation of the Planning and Zoning Commission, at a regular meeting on May 12, 2003; 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 Justin Brantley, Owner, 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 Commercial District - Specific Use (C(S)), heavy machinery storage and repair, such property being more particularly described as: 2.00 acresout of a 5.00 acre tract of Lot 1, of the Allison Richey Gulf Coast Home Company Subdivision of Section 19, H.T.& B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (8434 Brookside 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 2 ORDINANCE NO. 509-650 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 herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO. 509-650 PASSED, APPROVED, and ADOPTED on First Reading this 12th day of May , 2003. ATTEST: RMC TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of May , 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ten/ TOM REID MAYOR 4 April 29, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1094 AND SPECIFIC USE APPLICATION NO. 126 Request of Justin Brantley, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District- Specific Use (C(S)), on the following described property, to wit: 2.00 acres out of a 5.00 acre tract of Lot 1, Allison Richey Gulf Coast Home Company Subdivision of Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (8434 Brookside Road) Honorable Mayor and Council Members: At a regular meeting held on April 28, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1094 and Specific Use Application No. 126 to City Council for approval with a second made by Ray Bacon. Motion to approve passed 4-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Justin Brantley P.O. Box 583 Pearland, Texas 77588 Page 1 of 1 FEB 10 2003 13:26 FR CITY OF PEARLAND 281 652 1702 TO 92814853840 P.02 APPLICATION FOR A CHANGE IN ZONING Please check one: it Change in Zoning Classification from: City of Peatland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281.652-1702 fax www.ci.pearland.bc.us S. D. to: C. (r.), pd current zoning) Specific Use Permit Request for : O PE t Property Information: Address: S4.3 4 ZooKS l tc i&&Ar CC. R . t O Co G et (Y\ackiner S+©ragCe pa; Subdivision: At�i oN R;C.hE G3LI' `� i S'r Lot: 1 C BIOok;SECT+aN tg Tax I.D. Number: • I'I/A " For unplatted property, attach a copy of the metes and bounds description** Current use of property 5-6.RYtcC jgC(>R.►PsI Q'CSiTNseaCv+Oni �,TcC�n•�jt�� T (type of structures on property):To dasCA+-. Novnnt-Era oFFSl+oac COMeikAAc 6T12.\/. Proposed use of property._ 5Nr.ve. AS Cvrreo-c llsv deSCt A bcA Above, I. PROPERTY OWNER INFORMATION: APPUCANTIAGENT INFORMATION: NAME JEST bN 9(4AniTLC.y NAME ADDRESSP 0 • ?JOy. SF,3 ADDRESS CITY4. ANLPar n rt STATE T* ZIP 115 iiS CITY STATE ZIP PHONE(? ( ) 4$5.2"30 PHONE( ) FAX( 281 ), 4 bs - aS4o FAX( ) E-MAIL ADDRESS b .o;,a +ti s EVA0 L.. COM E-MAIL ADDRESS PETITION: As ownerlagent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. 1 certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: � Date: 2 po/ o Agents Signature: Date: OFFICE USE ONLY: y FEES PAID: L (15 oc DATE PAID: 0 - I I --C3 RECEIVED BY: fiC APPLICATION NO. I D9q +-S(A [ �� ** TOTAL PAGE.02 ** 0 200 400 Feet 11111 I Zone Change Application No. 1094 & SU 126 Justin Brantley 8434 Brookside Road (SD - C(S)) W E AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearlancl, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general �ulation in Brazoria, Harris & Galveston Counties, for / issues;: as follows: No. / Date 2`� 20 0S No. Date 20 No. Date 20 No. Date 20 No. Date 20 gd President scribe and sworn to before me this �� day of 2003 LANRA ANN EMMONS • �; Notary Public, State • '•.,1t Commission of Texas • Expires 09 ................................ ...,.. 09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1094 Published 03/05 & 12/03 Published March 5 & 12, 2003 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 24th day of March, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Justin Brantley, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described prop- erty, to wit: 2.00 acres out of a 5,00 acre tract of Lot 1, Allison Richey • Gulf Coast Home Company Subdivision of Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (8434 Brookside Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s Mona. Ann Phipps Development Coordinator APPLICATION NO. 1094 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published 3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general 3ulation in Brazoria, Harris & Galveston Counties, for / issues; as follows: No. / Date 3-/2 20_ _ No. Date 20 No. Date 20 No. Date 20 No. Date 20 scribe and sworn to before me this top z- President /-3 day of � "o"C� LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1094 Published 03/05 & 12/03 Published March 5 & 12, 2003 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice Is hereby, given that on the 24th day of March, 2003, at 8.30 p.m., the City Council and Planning and. Zoning Commission of. the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas, will conduct t joint public hearing in the Council Chambers of City HaU, 3519 Liberty Drive, Pearland, Texas, on the request of Justin Brantley, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (f) on the following described prop- erty, to wit: 2,00 acres out of a 5.00 acre tract of Lot 1, Allison Richey Gulf Coast Home Company Subdivision of Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (8434 Brookside Road) At said hearing all interested parties shall have the tight and opportunity to appear and be heardon the subject. /s Mona Ann Phipps Development Coordinator APPUCAATION NO. 1094 I I-i-tl�l�1/1l 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, Harris & Galveston Counties, for / issues,: as follows: No. / Date 9-2 20 02 No. Date 20 No. Date ' '20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 2002 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 I President day o Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1094 Specific Use No. 126 Published 04/02/03 ,Published April 2, 2003 •NOTICE -OF A JOINTI PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING 1 COMMISSION OF THE CITY I OF PEARLAND, TEXAS } Notice is hereby given that on the 21st day of April, 2003, at; 6:30 p.m., the City Council t -and Planning and Zoning 1 Commission of the City of 1 Pearland, Brazoria, Harris I and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519•r Liberty Drive, Pearland, i Texas, on the request of• ! Justin Brantley, owner, for an amendment to the Land Use: and Urban Development Ordinance of said City from Classification Suburban ' Development District (SD) to Commercial District - Specific Use (C(S)) for heavy machin- ery storage and repair on the following described property, to wit: 2 acres out of a 5 acre tract of Lot 1, Allison Richey Gulf Coast Home Co Subdvision of Section 19, H. T. & B. R.R. .Co. survey, A-243, Brazoria Co., TX (8434 Brookside Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 10941 SPECIFIC USE 'PERMIT APPLICATION NO. 126