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Ord. 509-368 11-22-99 ORDINANCE NO. 509-368 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 1.1671 ACRE TRACT OUT OF LOT 3, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 833) (2401 SMITH RANCH ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JOHN H. GEHRING, OWNER, PROVIDING FORANAMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, John H. Gehring, Owner, filed on September 1, 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 11~h of October, 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 19t~ day of October, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by John H. Gehring, 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 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 November 8, 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 John H. Gehring, Owner, facts were 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 1.1671 acre tract out of Lot 3, Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, recorded in volume 2, page 107, plat records of Brazoria County, Texas (2401 Smith Ranch 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 andto 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. October 19, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re-' RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 833 Request of John H. Gehring, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business (GB) on the following described property, to wit: Being 1.1671 acre tract out of Lot 3, Allison Richey Gulf Home Co. subdivision, Section 85, H.T.& B. R.1L Co. survey, A-304, recorded in Vol. 2, pg 107, plat records of Brazoria Co., TX (2401 Smith Ranch Road) Honorable Mayor and Council Members: At a regular meeting held on October 18, 1999, at, er the Joint Public Heating, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Emil Beltz and seconded by Vice Chairman Tommy Scott to recommend approval of Zone Change Application No. 833. Motion to approve passed 4 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning & Zoning Commission SEP Cl'gg 8:4) No 002 P.,~ CITY OF PEATO..AND ZONI~ ¢iIANGK APPLICA'I'iO~ revised 3151~6 X Changer i~ ZO~irig Cta$~l'l~atior, from; SI) .... IO; ~ 0]3 _ Char~o? [r~ ReguiaUohs in Section #: Ptopefiya~dre~e: 2401 Smith Ranch Eoad Peartand, TX l/bSi Abt 304 for: Part of Ivtetes & Bou~d~ Oescriplion: (unpta~ i~'ope~/on~y; attn©h nu~'vay) Surve Tax I.D. number, 0304/0037/110 PropOsed use of land~q~thin requested de~gnaticm: Continuation of existing Diamond Ice Co.~ Inc. Engaged in the manufacture and distribution of packag, £Ce. Record owners name: John H, Gehrins Owner'smallingaddress;2~26 W.~tm~nister Pearland Texas 77581 fJwner'stelephone number, Z81-485-4417 Agent's name: n / a ~nt'a mailing ad~re~s, n/a Agent's telephooo number; PETITION; As owner/agent, I hereby petition the City lot approval of the above deSCdl~ed request as D~ ~ the I~ of the ~tate of Te~s n~ ~en~ of ~e City of Peadand. '~ · $~fic Use Pe~ mq~St to al~w a re~nflsl use in a ~ness zone ~P, NS, GB), I ~nowledge that su~ use ~ ~ ~el~ ~ith ~r~t e~d ~tu~e u~ O~ p~flle~ ~ my vi~ty. ,~gent's signature, n / a ', . .... ow L~ L.,Z COUNTY ROAD 403 ZON~C 2 12 13 mN, m FROM 8D ~M,-1 SD SUBURBAN DISTRICT . M-1 LIGHT INDUSTRIAL 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 '~/-.,2.,~ 19 ~ No. Date 19 No. Date 19 No. Date · 19 .__ No. Date lg -- Subscribe and sworn to before me this day of ~~t~, Publisher Notary 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 ~4. Z-~-' 19 NO. Date 19 No. '~ Date 19 No. Date 19 No. Date 19 President Subscribe and sworn to before me this 19 (~o( dayof ~ - [;a~ Ann Emmons, Publisher Nota, Pubhc, State o[ Texas Classif