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Ord. 509-395 01-24-00ORDINANCE NO. 509-395 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 1.986 ACRES OF LAND SITUATED IN TRACT "D" OF A SUBDIVISION OF A.C.H. & B.R.R. CO. SURVEY, SECTION 1, A-147, BRAZORIA CO, TEXAS (APPLICATION NO. 858) (WALNUT STREET) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF RONNIE & REBECCA ACOSTA, 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; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Ronnie & Rebecca Acosta, Owners, filed on October 29, 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 10th of January, 2000, 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 10th day of January, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed 1 amendment application by, Ronnie & Rebecca Acosta, Owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Multi -Family District (MF) 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 January 10, 2000, 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 Ronnie & Rebecca Acosta, Owners, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Multi -Family District (MF) to is hereby for all purposes changed and reclassified as General Business District (GB); such property being more particularly described as: Being 1.986 acres of land situated in Tract "D" of a Subdivision of A.C.H. & B.R.R. Co. Survey, Section 1, A-147, Brazoria County, Texas (Walnut 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 2 and to the City Council for consideration and decision. III. The City Council of the City of Pearland finds and determines that the Specific Use Permit granted herein promotes the health, safety, morals, 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 issuance of a Specific Use Permit. VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. 3 Ordinance No. 509-395 VIII. This Ordinance shall become effective after its passage and approval on first and only reading. PASSED, APPROVED, and ADOPTED on the First and Only Reading this the 10th day of January , 1999. ATTEST: APPROVED AS TO FORM: // DAR IN COKER CITY ATTORNEY TOM REID MAYOR 4 January 10, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO.858 Request of Ronnie & Rebecca Acosta, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Multi -Family District (MF) to General Business (GB) on the following described property, to wit: Being 1.986 acres of land situated in Tract "D" of a Subdivision of A.C.H.& B.R.R. Co. survey, Section 1, A-147, Brazoria Co., TX (Walnut Street) Honorable Mayor and Council Members: At a special meeting, held on January 10, 2000, immediately following the Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Vice -Chairperson Tommy Scott made a motion, seconded by Board Member Todd Iocco to approve Application No. 858. The motion passed 6 to 0. This is submitted for your consideration. Sincerely, Mary Starr,Chairman Planning & Zoning Commission CITY OF PERRLRND ID:713-485-8754 OCT 27'99 10:06 No.003 P.02 'lt1Cia attI�' i a, "tIt `1rft10 •e 4 ( 00 .. i 1 Change in laming Classification from:. m C to G Change in Regulations in Section #: V. Specific Use for: " CWe. i in M_ n e Property address: U3ot ' n u lV S-kre i 4 5 b -+ i A 6) ll td axm- Lot: 1)3 Block:Ab54. 1 L Subdivision: Metes & (rounds Description: (unplatted property only; attach survey) Tax ID. number.-1 ` (� 0 51 lQ 11� 0 4-0 c)e "'Phi- Pressed use of land within requested designation: u cko\ carQ Record owner's name: (ln_pi'l f 4- D b e cU A . (1 4 e iS-1-t" Owner's mailing address: c b 51 D. «pb ` Et K \ Dr ' Owner's telephone number: , )_ t4 5 a 0 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), 1 acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signature: P C C o 1\ AC cnl's signature: Fees aid: $ I Date aid: I'' t -1 Reccivedbr�/�/Lir14I. 1//.1 i4' 'il l„n; Ss4 V �51 as —ME13191-- as MIMS y -p Mae a mNIZMI a z 0 MINI MIEN WALNU LOCKHEED LIIIIIIIIFOIIIIIIII BEECHCRAFT cma K%q 0 cc z 0 12 10 J w z V1 so rew GB MF OW of Pearlend. Texas RONME a REBECCA ACOSTA ZONEEROCHNANGE MF TO GB APP. ■.+859 OHS NOV.. 1999 VERT.1' HORan•-300• awn E1-J.EB. GO MID Child Es 0. TUMIUNS01 99-8199 SHEET a1 ArriulAVE UE- PUBLIC:Ai ION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 3tate of. Texas 3razoria and Harris Counties , Randy Emrnons, hereby certify that the notice hereby appended was published n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general Arculation in Brazoria and Harris Counties, for / ' issues, as follows: No. No. . . • • . -Date Date r.. • • • • NO.- • .• • No. Date • subscribe and sworntobeforeniethis Laura Ann Emrncins, lisher Notary Public, State of Texas . . 'NOTICE OF A -JOINT) PUBLIC HEARING OF THE' --CITY-COUNCICAND THEi PLANNING FIND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 10th day of January, 2000, at 6:30 PM p.m., the City Council and the 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, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Ronnie & Rebecca Acosta, owner, for an amendment to the',Land Use and Urban Development Ordinance of said City from Classification Multi -Family District (MF) to General Business District' (GB) on the following described property, to wit: Being 1.986 acres of land situ- ated in Tract "D" ..of a Subdivision of A. C. H. & B. R.R. Co. survey, Section 1, A- 147, Brazoria Co., TX (Walnut Street) • At said hearing all interested parties shall have the, right and opportunity to appear and be heard on the, subject. Young Lorfing City Secretary - APPLICATION NO.858 iuuo luny o LPL r'; I liUN The Pearland . Reporter News 2404 South .Park Pearland, Texas 77581 tte of. Texas .zoria and Harris Counties 'andy Emmons, hereby certify that the notice hereby appended was published 3razoria and _Harris Counties in THE REPORTER NEWS, a newspaper of genera :ulation in Brazoria and Harris Counties, for / issues, as follows: )scribe and sworn to .before me this Laura Ann Emmons, Publisher Notary Public, State of Texas 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',onl the 10th day of January, 2000, at 6:36 PM p.m,; the City' Council and the Planning ands Zoning Commission of the City of Pearland, Brazoria, 'Harris and 'Fort Bend Counties, Texas, will conduct a Joirit Public Hearing in the Council Chambers, City Hall, • 3519 Liberty Drive, Pearland, Texas, on the request of Ronnie & Rebecca' Acosta, owner, for an amendment to the Land, Use' and Urban Development Ordinance of said City from Classification Multi-FamilyDistrict (MF) to General Business District (GB). on 'the following described property, to wit: - Being 1.986 acres of land situ- ated . in Tract ":D" of a Subdivision of A. C. H. & B. R.R. Co. survey, Section 1, A 147, Brazoria Co, TX (Walnut_ Street) At said hearing all interested parties, shall have the right and opportunity to appear and be -heard on the subject. Young Lorfing City Secretary APPLICATION NO.858. .