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Home My WebLink AboutOrd. 509-437 03-27-00 Failed FAILED 3/27/00 ORDINANCE NO. 509-437 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 A 10.0597 ACRE TRACT BEING LOT 3, OF THE ALLISON-RICH EY GULF COAST HOME CO. SUBDIVISION OF SECTION 10, H.T. & B.R.R. CO. SURVEY, A-505, BRAZORIA COUNTY, TEXAS, THE PLAT OF SAID SUBDIVISION BEING RECORDED IN VOLUME 2, PAGE 23 OF PLAT RECORDS OF BRAZORIA COUNTY, TEXAS {APPLICATION NO. 881) (13025 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF MARIE THOMPSON, 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, Marie Thompson, Owner, filed on November 15, 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 24th 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 8~ day of February, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Marie ThompSon, 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 Commemial District (C); 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 27, 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 Marie Thompson, 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 Commercial District (C); such property being more particularly described as: A 10.0597 acre tract being Lot 3, of the Allison Richey Gulf Coast Home Co. Subdivision of Section 10, H.T. & B.R.R. Co. Survey, A-505, Brazoria County, Texas,. the plat of said Subdivision being recorded in Volume 2, page 23 of plat records of Brazoria County, Texas (13025 Stone Road) I1. 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. 509-437 PASSED, APPROVED, and ADOPTED on First Reading this day of ,2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this __ day of ., 2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY February 8, 2000 Honorable Mayor and Council Members City Hall Pentland, Texas 77581 Re: RECOMMENDATION TO T[IE CITY COUNCIL ON ZONING APPLICATION NO. 881 Request of, Marie Thompson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Commercial District (C) on the following described property, to wit: A 10.0597 acre tract being Lot 3, of the Allison-Richey Guff Coast Home Co. Subdivision of Section 10, H. T. & B. R.R. Co. survey, A-505, Brazoria Co., TX, the plat of said subdivision being recorded in Vol. 2, pg 23 of plat records of Brazoria Co., TX (13025 Stone Road) Honorable Mayor and Council Members: At a regular meeting held on February 7, 2000, at, er a 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 Russ Selemon to recommend approval of Zone Change A4~plication No. 881. Motion to approve passed 6 to 1. This is submitted for your consideration. Sincerely, Mary Start, Chairman ~ ~J Planning & Zoning Commission __ Change in Regulation in Section #: __ Specific Use for: * Property address: seona RoaO I Allison Richey Gulf Cea t Lot~ 3 Block Abstract 505 Subdivision[ Home Co. Subdivision of Section 10 Metes & Bounds Description: (unplatted property only; attach survey) TaxI.D. number: 0505 0002 000, 0505 0002 110 Proposed use of land within requested designation: Continue current use as residence, leased buildings, and allo?l construction of microl,lave to~;er Record owner's name: Marie D. Thomson Owner,.s mailing address: 13025 Stone Road, Pearland, Texas 77581 (713 725-1488, (~8l) 520-5~-ll 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 Ordinance 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 ' ~, with current and furore used on properties in my vicinity. Owner's si Agent's signature: Fee paid: $ Received b' BROOKSIDE ROAD 2? _ zONE: SO 200' - ZONE SD 5 ~0 ZONE ~0 ,~1 50 ~2 Cl~ Of Pe~rlnnd. T~xns ~M ~TOG 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. J Date //~ ?'~' 20 No. Date 20 __ No. Date 20 No. Date 20 __ No. Date 20 -- Subscribe and sworn to before me this Notaw Public, State of Texas 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 ~O.~J. ~ 20 oo No. Date 20 No. Date 20 No. Date 20 No. Date 20 :-- President Subscribe and sworn to before me this (,, day of --~"-J k~ ~A~'~}~ ~U b~ ~e r ~ ta~ ~H~IIC, ~tato ol Ioxas N6f~(~e iS herebygive~f ~{6n the 24th( ! ~f;Jar~Ja~.y 35'i9 Cjassifi(~atk~n; and (