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Ord. 509-454 06-12-00ORDINANCE NO. 509-454 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 AND GRANTING A SPECIFIC USE PERMIT FOR A PROFESSIONAL/MEDICAL OFFICE BUILDING (OUTSIDE KENNELS) ON THE FOLLOWING PROPERTY, TO -WIT BEING 2.19 ACRES, BEING A PORTION OF TRACTS 38-40, ALLISON RICHEY GULF COAST HOME CO.'S SUBURBAN GARDENS SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS AS RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 914 & SPECIFIC USE NO. 80) (BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB-S) AT THE REQUEST OF JACK MCGUFF, JR., A.I.A., AGENT FOR BOBBY L. STEVENER, D.V.M./PEARLAND PROFESSIONAL PLAZA, L.L.C., OWNER, 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, Jack McGuff, Jr., A.I.A., agent for Bobby L. Stevener, D.V.M./Pearland Professional Plaza, L.L.C. , Owner, filed on March 3, 2000, 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 April, 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 5th day of May, 2000, the Planning and Zoning Commission of the 1 City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Jack McGuff, Jr., A.I.A., agent for Bobby L. Stevener, D.V.M./Pearland Professional Plaza, L.L.C. , 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 -Specific Use (GB-S); 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 May 22, 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 Jack McGuff, Jr., A.I.A., agent for Bobby L. Stevener, D.V.M./Pearland Professional Plaza, L.L.C, 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 General Business - Specific Use Permit (GB-S); such property being more particularly described as: 2.19 acres, being a portion of Tracts 38-40, Allison Richey Gulf Coast Home Co.'s Suburban Gardens Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, Brazoria County, Texas as recorded in Volume 2, page 107, plat records of Brazoria County, Texas (Broadway Street) II. The City Council of the City of Pearland finds and determines that the recitations in 2 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 3 final reading. ORDINANCE NO. 509-454 PASSED, APPROVED; and ADOPTED on First Reading this22nd day of May , 2000. MAYOR ATTEST: NG L!f FG Y SE' ' ETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of June APPROVED AS TO FORM: , 2000. COCl n.:4--/ A,Cam_ DARRIN COKER CITY ATTORNEY 4 TOM REID MAYOR May 5, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 914 WITH SPECIFIC USE NO. 80 Request of Jack McGuff, Jr. A.I.A, agent for Bobby Stevener, D.V.M./Pearland Professional Plaza, L.L.C., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to General Business District -Specific Use Permit (GB-S) for outside kennels on the following described property, to wit: 2.19 acres, being a portion of Tracts 38-40, Allison Richey Gulf Coast Home Co.'s Suburban Gardens Subdivision, Section 85, H. T. & B. R. R. Co. survey, A-304, Brazoria Co., TX as recorded in Vol. 2, pg 107, plat records of Brazoria Co., TX (Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on May 1, 2000 after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Emil A. Beltz to recommend approval of Zone Change Application No. 914 with Specific Use No.80. Motion to approval passed 5 to 0. This is submitted for your consideration. Sincerely, tarrJChairman Planning & Zoning Commission „wasi htSked J/5/06 ...., ” - Change iti toning Citiatifitation from: 4/0 id: Change in ftedUlatione iii Section 0: Specific LIselok I Property tiddreit: FM 518 Wt6T Lot: — block: — &Ubdiviiroti: - Metes & Pounds befieriptiOn: 1-.11 (imPtalled OfatiarlY Willy; IfIlIkii talIvell \J-1 Af-RES ± , 1:karmi3 of "fittkeiS 38,51 4 go p-to-t putrfttoaos isgA1411A (pint -le ;ix_ Tax I.D. humbet: Proposed Use bt land Within refit/tilted designation: Peofts5t64.1-frWEAL 4 I ritE sip& 6666-y L , Record owner's name: PE4Atecut 0 1:12,256i01\1A1-- 4-rww.Ittik. , Pi M r tiell-A L. L. C. Owner's maiting addreiti: UP° I iss . Aid N PtikiklAao ,11- --ng 1 telephone number 181 495 94147' owners _ .• Agent's Mtn*: JAC/Ft AALI,I4 fr , 3g, A IA Agent's Mailing iddreit 520$ 4Sgo pp LuAl 13/4 2.O ; IfkAA146.00 15(- 71 8 1 Agenti telephone iitimber: 2.8 LA-85 5'9-00 P1TI11014: At 6W1'iethigent, I hereby petition the City tot ApprovM bt the Above described request it provided by the la** el the State of texas and ordinance* Of the City bt heartand. *On a Specific Ilse Permit tecOleOt to ntlo* O tet1411001 Use In 4 bUtinete tone (OP, Hs. GB), I eckno*Iedge that such use may be incompatible with tUrrent end future tiSeS on Properties In my vicinit 't Owner's signature: Agentli signnture: ), Pees paid: i asp ctO _ bate paid: 3 .a. Received by: rr)pry-c) F.Z----ip-frci 001°1100R nthnber. q 14 ez ai:), g ______J 15 19 20 30 Z� RESERVE "C" II I�„I,i:n!I©IIlI1 SUMMER BREEZE DRIVE R-1(252) Ill El Wm 111110 Ell a ri Oa MO z _ an � SI IMMO til BROADWAY CO 20 SUNNYCO GB(S) (376) GB(S) (399) 2 Aprii Leal Clgr of Peerlaed, Texas BOBBY L 81EVENEFI, DVM ZONE CHANGE SD TO ©B 114 SO-B0 miA MARCH. 2000 Hamm r-400' Dw, EMJ.E.B. Cad Sr B. 1UMIIJNSO CAD MD 00-8021 SHEET OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria and Harris Counties, for / issues, as follows: No. / Date `ir `] 20 Do No. Date 20 No Date 20 No, Date 20 No. Date 20, )scribe and sworn to before me this (10 A7-grwJL11-71 President err) LA 'RA A. EMMONS wary Public, State of Texas �! omission Laura ' nn m • ■ • 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. 1 Date lilt 20 a° No. Date 20 No. Date 20 No. Date 20 No. Date •20 Subscribe and sworn to before me this 29 11) y nif President ay of;f cogitsfujo NOTICE OF' A JOINT; PUBLIC HEARING OP THE .CITY COUNQIL AND THE mPLANNING AND ZONING COMM1$s►QN OF THE`CIT Y' OF PEARLAND, TEXAS Notice is hereby given that on' the 24th day qt Ppnl, 2D90, at 6:30 p.m. theuQlty Coungir and the Planning -end 'Zoning Commission of the City of Peadand, Brazoria, Hants and ` Fort Bend Counties,'Textts, will conduct a Joint?p tic Hearing in the Cdudoil` Chambers, City Hal05t9*, ?.Liberty Drive, Peedand, Texas, on the regdeat etJeekr McGud, Jr., agent for Bobby° L. Stevener, DVM of Peadaad Processional Plaza L L A, owner, for an amendment to the Land Use and Urba4l * ;Development Ordinance of said City`irorn Classifida86n, :;Suburban Development District (SD) to ,General Business District SW:kW (GB-S) for a SpecItI Permit on the foltowin described prot3arly, to wtt 4 2.19 acres, being a portion of Tracts 38-40, Allison- - Gulf Coast Home, Co.'s Suburban Gardens Subdivision, Sect. 85 14 T &'z; B. R.R. Co. survey, A.$04 s. Brazoria Co., TX as reeoids" in Vol. 2, pg 107, plat records of Brazoria Co., TX (Broadway Street) oung Loding ity Secretary r - - APPLICATION NO 914 SPECIFIC .USE PERMIT IttP SIC Q,$0 a } NOTICE OF -A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING r COMMISSION OF THE CITY` ! OF PEARLAND, TEXAS Notice is hereby given that on the 24th day of April, 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 Jack McGuff, Jr.,_ agent for Bobby L. Stevener, DVM of Pearland 'Professional Plaza, L.L.C., owner, for an amendment to—, the Land Use and Urban Development Ordinance of !said City from Classification , Suburban Development ' District (SD) to General Business District Specific Use (GB-S) for a Specific Use Permit on the following described property, to wit: i 2.19 acres, being a portion of Tracts 38-40, Allison Richey Gulf Coast Home Co.'s 1 Suburban Gardens Subdivision, Sect. 85, H. T. & B. R.R. Co. survey, A-304, ' Brazoria Co., TX as recorded in Vol. 2, pg 107, plat records of Brazoria Co., TX (Broadway Street) At said hearing all interested parties shall have the right and opportunity to appear and I be heard on the subject. Young Lorfing City Secretary • APPLICATION NO. 914 SPECIFIC USE PERMIT APPLICATION NO. 80