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Ord. 509-317 10-25-99 FailedFailed 10125/99 ORDINANCE NO. 509-317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND, 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 AN 18.00 ACRE TRACT, THE NORTH %, OF THE NORTHEAST %, SECTION 16, H.T. & B.R.R. CO. SURVEY, A-546 PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 594) (15902 HARKEY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF M. WAYNE SMITH, 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, M. Wayne Smith, owner, filed on October 21, 1998, 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 application 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 M. Wayne Smith, 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 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 27, 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 M. Wayne Smith, 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) is hereby for all purposes changed and reclassified as Commercial District (C); such property being more particularly described as: Being an 18.00 acre Tract, the north % of the Northeast %, Section 16, H.T. & B.R.R. Co. Survey, A-546, plat records of Brazoria County, Texas(15902 Harkey 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. 509-317 PASSED, APPROVED, and ADOPTED on First Reading this ~0 ~ ~ ~ , 1999. day of ATTEST: C~Y SF_~ETARY ~/ c/ TOM REID MAYOR 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 M. COKER CITY ATTORNEY Change in Cha nde in Regulations in Section S~cific Use for: * Lot: Block: / Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: 7.4/ Proposed use of land within requested designation: Record owner's name: Owner's mailing address~ ~_~,.~1~_ ~/)7~Z'?' Owner',., telephone number: ,e~/~"'/ Agent's name: Agent's mailing address: Agent's telephone number: PETITION' As(~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 of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (dP, NS, GB), I acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signat ~-~. ~//~ ~ Agent's signature: Fees paid: $ ...Date paid:/~/~ ./ 7A SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT R-.3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING DISTRICT hi. WAYNE SMITH ZONE OHANQE 8D TO M-1 m,~ JULY~ 1999 "0~z:1'-400' ,,~' , YERT: 1',- I Ch~ ~ D. ~lm.I gg.-804e 0f' I M-1 LIGHT INDUSTRIAL DISTRICT ORDINANCE NO 509-317 24 August 1999 Mayor & City Council members: City Hall Pearland, TX 77581 RE: Zoning Application No. 594 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 fi.om Classification Suburban Development (SD) to Heavy Industrial District (M-2) on the following properties, to wit: Application No. 594 Owner: M. Wayne Smith P.O. Box 267 Pearland, TX 77588 Legal: Being an 18.00 ac. Tract, the N 1/2 of the NE 1/2, sect. 16, HT& B RR Co. Survey, A-546, plat records of Brazoria Co., TX (15902 Harkey Rd.) The motion was made by Commissioner Tommy Scott and seconded by Commissioner Todd Iocco to approve as a Commercial District (C) the application listed above. The applicant has agreed to this upgraded zoning approval. The motion to approve passed with a vote of 5 to 0. Please read this information into the official records of the City of Pearland and provide a written copy to the City Secretary for the same purpose. Sincerely, Mary Sfarr, Chairperson Planning & Zoning Commission City of Peadand ,~I-I-IL~AVl ! C~i~ PUBLICATION 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 follow.s: -. No. Date 19 ~ No. Date 19 __ No. Date 19 No. Date 19 ~ ipresident .~ubscribe and sworn to before me this day of Jo~ MMONS ~ ~~ he r Notary Public, State of Texas CITY COUNCIL AND TH~ PLANNING AND ZONING COUUISSION OFTHE CITY OF PEARLAND; TEXAS ~otice is hereby given that on ~e 9 th day of August, 1999~ ~t 6:30 p.~m., the City Council [nd 'the Planning and Zoning iommisSion~of the city of 'earland, Brazoria and Harris :ounties, Texas, will conduct Joint Public Hearing in the :0uncil Chambem, City Hall, 1519' Liberty Drive, Pearlartd, ~'exas~ on the request of M. Yayne Smith,' owner, for an. ~mendment to the Land Use md .Urban Devel.opment )rdinance of said City from ~lassification SubUrban !evelopmefit'District (SD) to .ight Industrial District (M-l) ~)n the following described "property, to wt~ ',~ :; Being a 3.00 acre tract, out Of AFFIDAVIT OF" PUBLICATION The Pearland Reporter NeWs 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties !, 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 /~" ?'"~' :' 19 ~' No. Date 19 __ No. Date 19__ No. Date 19 __ No. Date 19 __ President Subscribe and sworn to before me this ~her Notary Public, State of Texas [~iL AN~'THE {~NG,.AN D ZONING ~MMISSION OF THE CiTY ~ PEARLAND; TEXAS ~tice is he ieby~given that on k~ 9 th~day °f'AugUSt' 1999; [;~ 6:30 p,m.~ the City CoUnCil [~d the planning and Zoning I!~ommission of the City of ~earland, Brazoria and Harris f;~;~oUnties. Texas, will Conduct iai. Joint PUblic Hearing in the ~Council Chambers, City Hall,. 3519 Liberty Drive Pearland, ~exas, en the~request ~aYne smith;0Wner; fo~ an: hendment 'to the Land U~e ~d';?ban DeVelOpment rdin~nce of;sa deity fr6m' lassification Suburban eVeidpment ~l~t::lndusiria!i Diet,Ct tl~) · n~: the~.f:Oll~wing ~i~e~ ~P~ to Wit:: ~:~.; ~: S~id:hea~ng all interestea' I :~~ ~ies shall have the ~ght and ~uni~ to appear: and be ~ard 0n the Subject. ~ yoUng Lo~ing '