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Ord. 509-322 09-27-99ORDINANCE NO. 509-322 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 A 1 ACRE TRACT OUT OF THE NORTHWEST END OF LOT 21, G.W. JENKINS SUBDIVISION, IN THE W.D.C. HALL SURVEY, A-70, RECORDED IN VOLUME 1101, PAGE 279, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 682) (1709 BROADWAY) FROM THE CLASSIFICATION OF GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF J.R. MAY, 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, J.R. May, Owner, filed on December 29, 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 29th day of March, 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 30th 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 J.R. May, owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of General Business District (GB) 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 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 J.R. May, 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 PEARl_AND, TEXAS: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as General Business (GB) is hereby for all purposes changed and reclassified as Commercial District (C); such property being more particularly described as: Being a 1 acre tract out of the Northwest end of Lot 21, G.W. Jenkins Subdivision, in the W.D.C, Hall Survey, A-70, recorded in Volume 1101, page 279, deed records of Brazoria County, Texas (1709 E. Broadway) 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. 509-322 PASSED, APPROVED, and ADOPTED on First Reading this ?X~/~-~ b¢~r~' ,1999. TOM REID MAYOR day of ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this C~~ day of ~"~~J("_ , 1999. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY August30,1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 682 Request of J. R. May, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business District (GB) to Commercial District (C) on the following described property, to wit: Being a 1 acre tract out of the Northwest end of Lot 21, G.W. Jenkins subidivision, in the W.D.C. Hall survey, A-70, recorded in Vol. 1101, pg 279, deed records of Brazoria Co., TX (1709 E. Broadway) Honorable Mayor and Council Members: At a regular meeting held on March 29, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Pat Lopez and seconded by Commissioner Jack Mathis to recommend approval of Zone Change Application No. 682. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Mary Starr, Chairman Planning & Zoning Commission __ Change in Regulations in Section #: __ Specific Use for: * Property address: Lot: /~/ Block: Metes & Bounds Descriptioni (unplatted property only; attach survey) Subdivision: 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: V"I / Ok. PETITION: As owner/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 (OP, NS, GB), I acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Agent's signature: ~"--- SLEE CRE1 d' 8 7 200' ZONE R-1 200' p ARK MAR CREEl,( ZONE C ZONE GB 7' BROADWAY ST. ZONE C GB GENERAL BUSINESS DISTRICT · C COMMERCIAL DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING BISTRICT 1709 BROADWAY STREET EC C~y of Pea~an~ Texa. J~. MAY ZONE C~E FROM QB TO C ~. ~.:6~ ~le: $H[~ / ~ ~J.~B. ~ n~ 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 ,2.-/'~ 19 d~ No. Date 19 __ No. Date 19 __ No. Date 19 __ No. Date 19 __ Subscribe and sworn to before me this 19 ~ day of shor ~ota~ ~ublic, State of lexas ~'i. LIC HEARING OF THE CITY t~-~CoUNClL AND THE PLAN. I~NiNG AND 'ZONING' cOM. i MISSION, OF~THE CITY OF !';PEARl:AND, TEXAS Notice is hereby given that on ~the 8th day of March,.:1999, al ~:30 P,m;~ t~e City Counci and the Planning and Zoning Commission of~ the City0f Pea~and, BmzeHa and Ha~s Counties, Texa~; will conduct a Joint Public Headng in the- Council Chambem, ~ Hall, 3519 Libe~ Drive; Pea~and, ' Texas, on the request of J.R. May, owner, for an amend. .~ent ~t0 'the L~andr~Use a~d ,. ~rbAn 'DeVelopm~ntLQ'rd. 7h~e .of said Gi.ty f~0m Classification :G~er~l Bbsi. ~ess District (CB) to Commercial D strict (C~ ~ ' ~t~e following desc~b~~pmp. Being a"l ac tract out:of the 21, G.W. ~,' in the AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, her. eby 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 ~ day of /~-¢__~. r City Cetmcll ~g:and Zoning ~)f the City of .z~da end Harris ~d, wll!/Cc~duct : :Hearihg i'~' the Council Chambers, City-Hell, 3619 Liberty,.Drive, Peadand, Texas, on the request of-J~R. May, owner,, for an amend. ment to the~Land Use and Urban Development Ordi- nance of said City from Classification General Busi- ness District (GB) to Commercial~District (C) on the following described prop- eny, to wit: Being a 1 ac; tract-Out ~f. the NW end of;-~ot,2t, G.W. J~nkins su~lvl~iOn,..in~'the W.D.C, Hallr~survey, A-70, recorded in Vol. 1101, pg. 279, deed records of arazoria Co.; TX ( BroadwaY)~: