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Ord. 509-669 08-25-03ORDINANCE NO. 509-669 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 2.467 ACRES, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, TRACT 48A AND 48A2, BRAZORIA COUNTY, TEXAS (8027 BROADWAY STREET AT ZAPALAC ROAD) (APPLICATION NO. 1115) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF WILLIAM AND KATHERINE FAVOR, 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, Witham and Katherine Favor, Owners, filed on June 4, 2003, 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 21st of July, 2003, 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 22nd day of July, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, William and Katherine Favor, Owners, whereby the Commission recommended to approve a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District 1 ORDINANCE NO. 509-669 (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 the recommendation of the Planning and Zoning Commission, at a regular meeting on August 11, 2003; 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 William and Katherine Favor, Owners, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT 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) is hereby for all purposes changed and reclassified as Commercial District (C), such property being more particularly described as: 2.467 acres, out of the H.T. & B.R.R. Company Survey, Abstract 243, Tract 48A and 48A2, Brazoria County, Texas (8027 Broadway Street at Zapalac 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. 2 ORDINANCE NO. 509-669 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. PASSED, APPROVED, and ADOPTED on First Reading this 1 ith day of August , 2003. 3 ORDINANCE NO. 509-669 TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of August , 2003. ATTEST: APPROVED AS TO FORM: ft_ ca„ DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: Ftthange in Zoning Classification from: .5 D to: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: 2' / SEA �I%/Cf/t' Subdivision: G2`/e Lot: Block: Tax I.D. Number. —00/7 --//e) ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): Proposed use of property: PROPERTY OWNER INFORMATION: NAME `4J/ Z/ ?,A/� A/—n- ,4;91/D APPLICANT/AGENT INFORMATION: NAME ADDRESS`' �i��Tl___ i 1,Y ADDRESS ��i1/f CITY �i STATE77 ZIP %%Sg i CITY .� ST E...,..,ZIP PHONE(�5�/) 9 `©c"-� PHONE( FAX( jw.,,..."0-----/ 7 ) FAX( ) E-MAIL ADDRESS /L:ci1O.r- E-MAIL ADDRESS L� G'z e_� — /.2 _e' PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signatur Agent's Signature: Date: 6.-- Date: - OFFICE USE ONLY: FEES PAID: 3 r75 on DATE PAID: 6--'4-03 RECEIVED BY: APPLICATION NO. / / /5 0 200 400 Feet I''1I I Zone Change Application No. 1115 William and Katherine Favor 8027 Broadway Street (at Zapalac Road) (SD - C) 0 L T EAST --- 229-25 20°1?1`set iron pipe 209.25 .1\1 $ i i x x $ irdire.- I/0' i',ouse ,/..;:,..t,, il 11 :1 , ii .cttnarne ,-.).-.,-,--,ge, 1. i • 11 l'i".-% ...,„ ,... ii shed :x ix ; la 4 $ 1 $ , 1?i/i/14:'• :it f'/,`-'4.- fr.airre 1-1o1..ise::::;;C",1 1 cd , icao."4 . . spr ,,it drive ,-, tinn s d "Z 5. . ,- LOT 2,757 ACRES 0,2Z3 Ac. n EM, 528 0,217 Ac, in 40 Platted Road ; u — 2,277 ACRES NET '1• 1 i I 1 i 1 , • 20 1i 1 l , _, ___I .._ ..... -5- -- najt7it;ii pipe 209.25 Sou thwest corner lot 48 Allison Riciey Gulf Coast Horne CO. SID .Sec I. ion /9, A-243 set iron pipe t88.0 2.261 AC. TR. Vol. 1037, Pg, 514- •Is'f4") Powerpole o WEST .229.25 FARM IRONO. 5/8 Joe wieie) July 22, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1115 Request of William and Katherine Favor, owners for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C) on the following described property, to wit: 2.467 acres, out of the H.T. & B.R.R. Company Survey, Abstract 243, Tract 48A and 48A2, Brazoria County, Texas (8027 Broadway Street, at Zapalac Road) Honorable Mayor and Council Members: At a regular meeting held on July 21, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1115 to City Council for approval with a second made by Commissioner Ray Bacon. Chairman Iocco and Commissioner Greiner both shared concerns regarding the request for "Commercial" when the Comprehensive Plan calls for General Business District. Motion to approve passed 3 to 2 Voting Record: "Aye" — Commissioner's Bacon, Sederdahl, and Scherrer. "No" — Chairman Iocco and Commissioner Greiner This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: William and Katherine Favor, 3933 Meadowlark Way, Pearland, TX 77584 Page 1 of 1 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, Harris & Galveston Counties, for / issues;: as follows: No. / Date I-- 1 20 _ No. Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20_0 ................................ LAURA ANN EMMONS • Notary Public, State of Texas �'+,,a,�.•` Commission Expires 09-09-2006 President 7- /0 day of 7--)tX-14( Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No.1115 Published 07/02 & 07/09/2003 Published July 2 and July 9, 2003 NOTICE OF ; A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 21st day of July, 2003, at 6:30 p.m., the 'City Council and Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort :Bend Counties, Texas, will conduct °a Sint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of William and Katherine Favor, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to wit: 2.467 acres, out of the H.T. & B.R.R. Company Survey, Abstract 243, Tract 48A and 48A2, Brazoria County, Texas (8027 Broadway Street, at Zapalac Road) At said hearing all interested parties shall have the right' and opportunity to appear and be heard on the subject is/ Theresa Grahmann Planner APPLICATION NO. 1115 No. Date No Date No. Date 20 No Date 20 Subscribe and sworn to before me this 2002 LAURA ANN EMMONS �• Notary Public, State of Texas - ~'•,,a��.�' Commission Expires 09-09-2006 ................................ President day of 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, Harris & Galveston Counties, for / issues;: as follows: No. / Date 7 -Z 20 e3 20 20 Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No.1115 Published 07/02 & 07/09/2003 Published July 2 and July 9, 2003 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 21st day of Jury, 2003, at 6:30 p.m., the City Council and 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 of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of William and Katherine Favor, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to wit: 2.467 acres, outof the H.T. & B.R.R. Company Survey, Abstract 243, Tract 48A and 48A2, Brazoria County, Texas (8027 Broadway Street, at Zapalac Road) At said hearing all interested parties shall` have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I APPLICATION NO. 1115