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Home My WebLink AboutOrd. 509-386 12-13-99 ORDINANCE NO. 509-386 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 LOCATION BEING 13.2558 ACRES OUT OF LOTS 12-16 OF THE DOOLEY PARTITION, JAMES HAMILTON SURVEY, A-881, AS RECORDED IN HARRIS COUNTY, TEXAS (APPLICATION NO. 842) (BELTWAY 8 FEEDER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF ED R. WEATHERALL, AGENT FOR REC-TIME, 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, Ed R. Weatherall, agent for Rec-Time Inc., Owner, filed on September 17, 1999, 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 8~ of November, 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 16~ day of November, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Ed R. Weatherall, agent for Rec-Time Inc., Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit'W' from its existing classification of Suburban Development District (SD) to General Business District (GB); 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 December 13, 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 Ed R. Weatherall, agent for Rec-Time Inc., 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) to is hereby for all purposes changed and reclassified as General Business District (GB); such property being more particularly described as: Being 13.2558 acres out of Lots 12-16 of the Dooley Partition, James Hamilton Survey, A-881, as recorded in Harris County, Texas (Beltway 8 feeder read) 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 herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. ORDINANCE NO. 509-386 PASSED, APPROVED, and ADOPTED on First Reading this 13th day of December ,1999. ATTEST: TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day of Dpcpmhp~ ,1999. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY November 16, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO TIlE CITY COUNCIL ON ZONING APPLICATION NO. 842 Request of Ed R. Weatherall, agent for Rec-Time, Inc., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to General Business District (GB) on the following described property, to wit: Being 13.2558 acres out of Lots 12-16 of the Dooley Partition, James Hamilton survey, A- 881, as recorded in Harris Co., TX (Beitway 8 feeder road) Honorable Mayor and Council Members: At a regular meeting held on November 15, 1~99, after the Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to recommend approval of Zone Change Application No. 842. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3~5~96 to: __ Change in Zoning Classification from: __ Change in Regulations in Section #: Specific Use for: * Property address: z~'~,~"/~.,~'- j4/,.~/~ ~ ,.~'~::~,,~"~--~',~ ~ Lot: Block: Subdivision: Metes & Bounds Description: ~/~ C~ ~~ ~~ (unplaCed prope~y only; attach su~ey) /~. Z~ ~ ~ ~ ~ Tax I.D. number: /~0 /&~ /~ 7 /~ 2 ~ Proposed use of land within requested designation: Record owner's name: Owner's mailing address: 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 3rovided by the laws of the State of Texas and Ordinances of the City of Peadand. 'On a Specific Use Pem~it 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: Fees paid: $ ~'~' Agent's signature: Oaten: Application number: BEL'TWA"( 8 SD SUBURBAN DISTRICT GB GENERAL BUSINESS DISTRICT 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 //d/- ~ 19 ~' No. Date 19 No. Date 19 No. Date 19 No. Date 19 (~lSresident Subscribe and sworn to before me this ~blisher Notary Publi-c~t~exas 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 /0 -,,?-") 19 ~' ~7 No. Date 19 No. ' Date · 19 No. Date 19 No. Date 19-- Subscribe and sworn to before me this. 19 ~ ~her