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Ord. 509-358 10-25-99 FailedFailed 10125199 ORDINANCE NO. 509-358 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 2.605 ACRES OUT OF THE NORTH % OF LOT 41, FIGLAND ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-240, RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 744) (HATFIELD ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF MIGUEL AND YOLANDA AGUILAR, OWNERS, PROVIDING FORAN 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, Miguel and Yolanda Aguilar, Owners, filed on February 3, 1999, a 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 27th of September, 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 5th 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 Miguel & Yolanda Aguilar, Owners, 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 October 25, 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 Miguel & Yolanda Aguilar, Owners, 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 2.605 acres out of the North % of lot 41, Figland Orchard Subdivision, H.T. & B.R.R. Co. Survey, A-240, recorded in volume 3, page 77, plat records of Brazoria County, Texas (Hatfield Road) 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. 509-358 PASSED, APPROVED, and ADOPTED on First Reading this ,1999. day of ATTEST: TOM REID MAYOR YOUNG LORFING CITY SECRETARY of PASSED, APPROVED, and ADOPTED on Second and Final Reading this ,1999. day ATTEST: TOM REID MAYOR YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY ORDINANCE NO 509-358 October 5, 1999 Honorable Mayor and Council Members City Hall Pearl*md, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 744 Request of Miguel and Yolanda Aguilar, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District (GB) on the following described property, to w t. Being 2.605 acres Out of the North ~A of Lot 41, Figland Orchard subdivision, H.T.&B ILIL Co. survey, A-240, recorded in Vol. 3, pg. 77, plat records of Brazoria Co., TX (Hatfield Road) Honorable Mayor *md Council Members: At a regular meeting held on October 4, 1999, 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 denial of Zone Change Application No. 744. Motion to deny failed 2 to 3. This is submitted for your consideration. Sincerely, /pK? hairman Planning & Zoning Commission CITY OF PEr. AND ZONE CHANGE APPLICATION revised 3151916 __ Change in Zoning Classification from: __ Change in Regulations in Section #: __ Specific Use for: * to: Property address: Lot: ~ I Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) (~©"Z'..~ Tax I.D. number: 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 ownedagent, 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 Peadand. *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 with current and future uses on properties in my vicinity. Owner's signature: Fees paid: $ Received by: Agent's signature: ~ [~ ' Date Fcld: APPli~at!~n nu~ ZONE SD 29 35 58 39 ZONE SD 24- 36 37 40 ZONE R-~ ZONE 42 4-1 ZONE R-4 ZONE SD 45-- SD SUBURBAN DISTRICT R-1 LOW DENSI'P( SINGLE FAMILY DWELLING DISTRICT R-4 MAXIMUM DENSITY SINGLE FAMILY DWELLING DISTRICT GB GENERAL BUSINESS DISTRICT 10 / ZONE OHAN~E FROM 80 TO ~IB · 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 ,~-/C~. ~- 19 '~-~" NO. Date 19 No. Date 19 No. Date 19 __ No. Date 19 __ (~resident ;ubscribe and sworn to before me this day of '-~--~ -~ Nota~ ~s 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 cimulation in Brazoria and Harris Counties, for / issues, as follows: NO. No. No. No. 'Date ' 'Date Date Date Date 19 '~ 19 - 19__ 19. ~Pres~dent Subscribe and sworn to before me this 19 ~ day of Notary Pablic, State of Texas t Zoni