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Ord. 509-319 09-23-99 TabledTabled 09~23~99 ORDINANCE NO. 509-319 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 2.5 ACRES OUT OF LOT 13, ALLISON RlCHEY GULF COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R. CO SURVEY, A~219, ACCORDING TO THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 745) (13603 SUBURBAN GARDEN RD.) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF THE RANDALL CRAIG EDWARDS AND CAROL BOYD, OWNERS, 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, Randall Craig Edwards and Carol Boyd, Owners, filed on February 11, 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 9th day of August, 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 24th day of August, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Randall Craig Edwards & Carol Boyd, Owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit 'W' from its existing classification of Suburban Development District (SD) to Heavy Industrial District (M-2); 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 September 13, 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 Randall Craig Edwards & Carol Boyd, 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 (SD) to is hereby for all purposes changed and reclassified as Heavy Industrial District (M-2); such property being more particuarly described as: Being 2.5 acres out of Lot 13, Allison Richey Gulf Coast Home Co. Subdivision, Section 7, H.T. & B.R.R. Co. Survey, A-219, according to the deed records of Brazoda County, Texas (13603 Suburban Garden 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. II1. 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. t//Change in Zoning Classification from: --~ to: /90 -..2 __ Change in Regulations in Section #: __ Specific Use for: * Property address: /.3~ tO....T ,.~ct ~ct ~/3,.~',-J ~D~-~,.J ,,~.D , Lot: / 3 Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Proposed use of land within requested designation: Record owner's name:/E~ D.&c c Owner's mailing address: Owner's telephone numar: ¢72 - ~ ~ ~// Agent's rome: Agent's mailing address: Agent's telephone numar: PETITION: As owner/agent, I hereby ~tition ~e City for approval of the a~ve descried request as provided by the laws of ~e State of Texas and Ordimnces of ~e City of Pearland. *On a S~cific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use may ~ incompgtibl%with curr~nd ~re us~s on pro~rties in my vici~ty. Ow ' nets s,gna ure:~ at pa, . Fees paid: $ ORDINANCE NO. 509-319 PASSED, APPROVED, and ADOPTED on First Reading this day of , 1999 TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED,APPROVED, and ADOPTED on Second and Final Reading this day of , 1999. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 ZONE SD 25 31 13 SHARON DR. 14 ZONE SD ZONE SD 33 ZONE SD 28 HICKORY SLOUGH 16 29 SD SUBURBAN DISTRICT M-2 HEAVY INDUSTRIAL DISTRICT Olty of Pea'land, Texaa RANDALL EDWARD8 · OAROL BOYD ZONE CHAN~IE FROM 8D TO M-2 N~- Ik~745 lind.: SHEET · ~I.=MARCH, 1999 V~RT:I"--HO~Z:I''300' I ~ ~;D. 5HrrH gg--810~ OF' 1 24 August 1999 Mayor & City Council members: City Hall Pearland, TX 77581 RE: Zoning Applications No. 745 & 746 The above referenced zone change applications were reviewed by the Planning & Zoning Commission at a regular meeting on Monday, August 23, 1999. The owners requested an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Heavy Industrial District (M-2) on the following properties, to wit: Application No. 745 Owner: Randall Craig Edwards & Carol Boyd 1830 Tompkins Grand Prairie, TX 75051 Legal: Being 2.5 acres out of Lot 13, Allison Richey Gulf~Coast Home Co. Subdivision, sect. 7, HT& B RR Co. Survey, A-219, according To the deed records of Brazoria Co., TX (13603 Suburban Garden Rd. Application No. 746 Owner: Stephen E. Edwards & Stephanie Edwards 13525 Garden Road Pearland, TX 77581 Legal: Being a 5.00 ac. Tract, the N 1/2 of Lot 13, Allison Richey Gulf Coast Home Co. subdivision, sect. 7, HT& B R Co. Survey, A-219, according to the deed records of Brazoria Co., TX (13424 Suburban Garden Road) The motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to approve the applications listed above. The motion to approve passed with a vote of 5 to 0. AFFIDAVIT OF" PUBLICATION The Pearland Reporter N, eWs 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 '~' 2--'~ 19 .~' No. Date 19 __ No. Date 19 __ No. Date 19 __ No. Date 19 __ President Subscribe and sworn to before me this 19 tiff sher Notary Public, State of Texas ~|PUBI. IC HEAFIING OF THE ~ClTy COUN¢!!,; ?ND yHE /PI. ANNiNG AND ZoNIN(~ COMMi~$10N OF'THE /OF pEAFILAND; T~XA$ Notice is herebY given that on the g tl~ daY0f AugUstI i999; at 6:30 p,ml; the City COUnCil :and the~Planning and zoning CommiSsion Of {h~City Of pearland, BraZoria and Harris CountieS, Texas, Will~ conduct a jOint Public Hearing in the Council Chambers, Cty Ha Ji~3519 Liberty DriVe Pearland t TeXas I Ran*d~ii:~ Ctai~ E(~i;d~ & I Car°lYn BoYd, oWh~'tor a'n I; amendment'{5 the Land Use L~nd Urban, Development I ~'~)rdinenc'e °f'Said CitY :fr°m ~dUstHai ;District {M~2)i on the ~Ilowinrg deSCril~ ~pr°perty;: i acres out of L°t RlcheY ~Gu!f: C~t The Pearland Reporter N~ews 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 No. Date 19 President Subscribe and sworn to before me this day of Jud(~ her Notary Public, State of Texas i.ylC HEARING OF THE · COUNCIL ANDTHE ~NNING AND ZONING ~UISSION OF THE CITY ~EARLAND, ,TEXAS ' 'i~ce.is hereby given that on ~9 th day 0flKugust, 1999, ~t~:30 p m, the Cty Council ;~the Planning and Zoning mission of'the City of ~l~ariand, Braz0ria and Harris ~unties, Texas, ~;~ will conduct ~Joint Public Hearingin the ~.~ ~.'ouncil Chambers, City Hall, .~ ~519 Lil~erty Drive, peartand, ii;~exas, on the '~equest of Craig 2.5 aci'es out~.of.-Lot 13, RicheY GUlf (~oast', ORDINANCE NO 509-319 24 August 1999 Mayor& City Council members: City Hall Pearland, TX 77581 • RE: Zoning Applications No. 745 & 746 The above referenced zone change applications were reviewed by the Planning&Zoning Commission at'a regular meeting on Monday, August 23, 1999. The owners requested an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Heavy Industrial District (M-2) on the following properties, to wit: Apphcatron Na..745 = _ <3 Owner: Randall Craig Edwards& Carol Boyd 1830 Tompkins Grand Prairie, TX 75051 Legal: Being 2.5 acres out of Lot 13, Allison Richey Gulf-Coast Home Co. Subdivision, sect. 7, HT& B RR Co. Survey, A-219, according To the deed records of Brazoria Co., TX (13603 Suburban Garden Rd. Application No. 746 Owner: Stephen E. Edwards& Stephanie Edwards • 13525 Garden Road .Pearland, TX 77581 Legal: Being a 5.00 ac. Tract, the N 1/2 of Lot 13, Allison Richey Gulf Coast Home Co. subdivision, sect. 7, HT& B R Co. Survey, A-219, according to the deed records of Brazoria Co., TX (13424 Suburban Garden Road) The motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to approve the applications listed above. The motion to approve passed with a vote of 5 to 0.