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HomeMy WebLinkAboutOrd. 509-503 01-08-01 ORDINANCE NO. 509-503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 16.655 ACRES IN SECTION 17 OF THE H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS, (APPLICATION NO. 957) (7434 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF EDWARD MALDONADO, AGENT FORJOSE C. RODRIGUEZ, OWNER, PROVIDING FOR AN AMENDMENT OFTHE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Edward Maldonado, agent for Jose C. Rodriguez, Owner, filed on October 16, 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 20`h of November, 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 1 ORDINANCE NO. 509-503 WHEREAS, on the 2151 day of November, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Edward Maldonado, agent for Jose C. Rodriguez, 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 (SD) to General Business District (GB); 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 January 8, 2001, 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 Edward Maldonado, agent for Jose C. Rodriguez, 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 (SD) to is hereby for all purposes changed and reclassified as General Business District (GB); such property being more particularly described as: Being 16.655 acres in section 17 of the H.T. & B.R.R. Co. Survey, A-242, Brazoria County, Texas (7434 Broadway Street). 2 ORDINANCE NO. 509-503 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, morals, 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. 3 ORDINANCE NO. 509-503 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 issuance of a Specific Use Permit. VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. VIII. This Ordinance shall become effective after its passage and approval on first and only reading. PASSED, APPROVED, and ADOPTED on the First and Only Reading this the _8_ day of January , 2001. ATTEST: 4 TOM REID MAYOR ORDINANCE NO. 509-503 APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 i7A_ TaOIIPSt)iI KNIGHT BROWN PARKER LEA No 2657P. 2/2 ,,;r•;; .a t'}-; ."; ,',F T., From:A.000UNTING M;* .ii ,f �I 111.1 1- ✓ 'r �(/ �bl%r t1ti sR TrM . , J Changc in Zoning Classification from: 5 0 to: G e Changc in Regulations in Section #; S. die Use for. • i Property address: 743 41 6 rreadwAi i Lot. Block: Subdivision: Metes & Bounds Description: (unplatted prperty only; attach survey) '1b-0($I3t Tax I.D. number:_ t3 Current use of land: VA [E,,.yt Proposed use of land within requested designation: ie I.1 dn. .,'eiq r4 n 3 7 Record owner's name: J o se. d C. Le o tier- 4 Owner's nailing address: 25,3) i Pi ., n s v I vsan 411 Ale, ., 54 r ... Rr. , . Owner's telephone number: 9 St - 3 9 9 . s- cite] Agent's name: E d aoa r d Ma I toydi a c a Agent's mailing address: Zq / / 64,.1-1 ey Cr Pear I a,.,d 7X 7 758L/ I Agent's telephone number 261 - 485 ' `{ 14 3 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, OB), 1 acknowledge that such use may be incompatible with current and future us n prope'ties in my vicinity. Owner's si at • o r enffssxsit attire- < i t —i Feespaid: S �4� n4t•'^`*'f- ' '-r41/ a :14 CITY UMIT U E 7434 BROAD STREET ZONE SD BROADWAY STREET 3C 8 5 ) w. i � WAY C B (81) 50 � w iPa!i.L_ . 30 Pr 11, MEM . � 20 ,0 GB(3735) 11111r2111111 3D C(1 13) z n ZON Jy c-3 3F SD 3 124) GE R-1 re R-1 w R— City of Pearland, Texas JOSE C. RODRIGUEZ ZONE CHANGE FROM SD TO GB A. N.957 Dow NOV.. 2000 14o¢ii-400' N.n Nr.1EB. yN Its C. 11.00UNJ00-BOBJ SHEET OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 :ate of Texas •azoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general -ciliation in Brazoria and Harris Counties, for / issues, as follows: No. / Date • • 7/ - / 20 av No. Date 20 No. Date 20 No Date 20 No. Date 20 bscribe and sworn to before me this CN ram• day of INNIIMMOMP NOTICE OF AJOI•WT Pds- EL1C HEARING. OF THE - CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE , WY OF PEARLAND, SAS Noticeis hereby given that on the 20th- day at November, 2000, at 6:30 p.m, the City Council and the Planning and Zoning Commission of the City al t' Parland, Brazoria, Harris nd Fort Bend Counties; was, will conduct a Joint ublic Hearing in the uncil Chambers,4ty 3519 Liberty Drtye -- Texaa; *es -vrf£'Edwifird nado, agent for Jose riguez. owner,_ for an endment to the. Land and Urban Develop - Ordinance of said (Sly on Classification SD uburban Development istrict) to GB,(Generaf • District) on the Col. described property, 4: U66 acres in Socha 17 H.T. & tR.R. Ce. , 4242, BrazodaCo., (7434.Broadaay St.) said hearing all interest - parties shall have the ht and opportunity to and be head a the Bung LMxrg Att1UAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 tate of Texas razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general rculation in Brazoria and Harris Counties, for % issues, as follows: No. l Date • . C/- S 20 ( No. Date 20 No. Date 20 No. Date 20 No. Date 20 12hde/ �i�i111.0e.0......_.: President � )scribe and sworn to before me this y day of ' SISINIFBMINSiale NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND. THE PLANNING mb ZONING COMMISSION OF THE CITY OF PEAHLAND; TEXAS Notice Is hereby:givenfhat on the 20th day of November, 2000, at 6:30 p.m:, the City Council and the Planning and:Zoning Commission of the City of Pearland, Brazdda, 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 Edward Maldonado, agent for Jose C. Rodriguez, ewrrer, for an amendment to the Land Use and Urban Develop- ment Ordnance of said City from Classification SD (Suburban Development District) to GB (General Business Distill) on the fol- lowing descend property, best `.. 161.655 acres b Section 17 ot_the H.T. & B.R.R._ Co. supey A laCo., TXeilfrosdA8j1St-) At said ag interest- ed' -parties shall have the right and opportunity to appear and be heard on the subject Is! Young Laing City Secretary November 21, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO.957 Request of Edward Maldonado, agent for Jose C. Rodriguez, owner for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to General Business District (GB) on the following described property, to wit: 16.655 acres in Section 17 of the H. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX (7434 Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on November 20, 2000, after a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Richard Tetens and seconded by Commissioner Russ Selemon to recommend denial of Zone Change Application No. 957. Commissioner Tetens stated that his concern for denying this application is because the back part of the requested area backs up to residential property. Motion to deny passed 3 to 2. Chairperson Mary Starr and Commissioner Emil Beltz voted for the 'request. This is submitted for your consideration. Sincerely, EIVAIary Starhairman Planning & Zoning Commission