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Ord. 509-439 03-27-00 FailedFAILED 3/27/00 ORDINANCE NO. 509-439 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 2.4277 ACRES OF LAND, MORE OR LESS, OUT OF TRACT 39 OUT OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 890) (MILLER RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF KIMBERLY DURRETT, 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, Kimberly Durrett, Owner, filed on December 16, 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 28th of February, 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 7th day of March, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Kimberly Durrett, 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 Commercial District (C); and; 1 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 Kimberly Durrett, 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: 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: 2.4277 acres of land, more or less, out of Tract 39 out of the Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, Brazoria County, Texas (Miller Ranch Road) I I. 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. 2 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. 509-439 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. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 March 7, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 890 Request of Kimberly Durrett, 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: 2.4277 acres of land, more or less, out of Tract 39 out of the Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX (Miller Ranch Road) Honorable Mayor and Council Members: At a regular meeting held on March 6, 2000 after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Vice -Chairman Tommy L. Scott and seconded by Commissioner Donald Glenn to recommend approval of Zone Change Application No. 890. Motion to approve passed 4 to 0 (1 abstention). This is submitted for your consideration. Sincerely, (91"/C0— Mary Starrhairman Planning & Zoning Commission Z45) ZONE SD 28 29 30 BROADWAY t m w R-1(252) 111111111111111111111111111111 SUMMER ISM wm r 20 'dealer". 1111w- -w® IIIDL SUNNYCOAST LANE ►�Diji©01lltr 0 0 x 0 w J CITY LIMIT LINE 29 33 Clty of Rowland, Texas KIMBERLY a DURRETT ZONE CHk/INOE ENO SD TO C HORZcl'ASOD' VE R't'� SHEET OF 1 i, XChange in Zoning Classification from: SIN to: (— Change in Regulations in Section #: Specific Use for: * Property address: Lot: Block: atj/5PA/Zei/E/ at/7'�,/,�r Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: j0/a/ A1G LD r 7 b'e miters Record owner's name: I w be i a, 0 U, e_E / Owner's mailing address: -i b BD X -3D ?7 Owner's telephone number: -113 L/ _3 / - ID 0 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 ofPearland. *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 curre and future uses on properties in my vicinity. with Agent's signature: Owner's si azure: /,j/Ca iqye Fees paid: $ . Date paid /, i Received b y'\ / 4 �Ih�� Bibl [/ p''K� ����a"� €� ty�tiai,��at9E" u ��'., _a 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 02- 7 20 a) No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this day of /Te-4 20 60 ,(l ,PL tit [�+ (1 ErnmonspRiMittigir Notary Public, State of Texas 2q2- NOTICE _OF_ _AJOINT; 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 28th day of February, 2000, at 6:30 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 'Kimberly G. Durrett, 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)ori-the following described property, to wit: }} 2.4277_acres. 9f.land,.more or :I less, out of Tract 39, out of the Allison Richey Gulf. Coast` Home • Co. ' Subdivision, -Section 85, H. T. & B. R.R. • Co. survey, A-304, Brazoria Co., TX (Miller -Ranch Road) 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. 892 AFFIDAVIT OF. PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, 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 20 ,e No Date 20 No Date 20 No Date 20 No: Date 20 Subscribe and sworn to before me this 20 President Sta a of Vexes 'e nission Laura Ann Emmons, Publisher Notary Public, State of Texas . NOTICE OF A JOINT,1 'PUBLIC HEARING OF THE; CITY COUNCIL AND THE' I PLANNING AND ZONING' COMMISSION OF THE CITY; OF PEARLAND, TEXAS .. Notice is hereby 'given that on the 28th day, of, February, 2000, at 6:30 p.m., the City Council and the Planning and Zoning. Commission of the l City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas; will conduct a Joint Public Hearing iri the Council Chambers, City Wall, 3519 Liberty Drive, Pearland, Texas, on the' request of r Kimberly G. Durrett, 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 'property, 'to wit: 2.4277 acres of land, more or less, out of Tract 39 out of the Allison Richey Gulf Coast Home Co. 'Subdivision, Section 85, H. T. & B. R.R.' Co. survey, Af304, Brazoria Co., TX (Miller Ranch Road) 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. 892