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Ord. 509-455 05-22-00 Tabled TABLED 5/22/00 ORDINANCE NO. 509-455 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 .460 ACRES , A.K.A. TRACT 301A, H.T. & B.R.R. CO. SURVEY, A-309, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 906) (3054 OLD CHOCOLATE BAYOU ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R~I) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF LONNIE TURNER, 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, Lonnie Turner, Owner, filed on February 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 24th of April, 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 WHEREAS, on the 5th day of May, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Lonnie Turner, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit ."A" from its existing classification of Single Family Dwelling District (R-l) 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 May 22, 2000, 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 Lonnie Turner, 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 PEAR. LAND, TEXAS: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Single Family Dwelling District (R-l) to is hereby for all purposes changed and reclassified as General Business District (GB); such property being more particularly described as: .460 acres, a.k.a. Tract 301A, H.T. & B.R.R. Co. Survey, A-309, plat records of Brazoria County, Texas (3054 Old Chocolate Bayou 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. 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. 509-455 PASSED, APPROVED, and ADOPTED on First Reading this __ day of ,2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this __ day of ,2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY ~ ZONE SD 1A-3 ZONE ~0I o~t~^-~_ lA-2 ZONE R-2 ~ ZONE May 5, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 906 Request of Lonnie Turner, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Single Family Dwelling District (R-l) to General Business District (GB) for the following described property, to wit: Being .460 acres, aka Tract 30A1, H. T. & B. R. R. Co. survey, A-~09, plat records of Brazoria Co., TX (30~4 Old Chocolate Bayou Road) Honorable Mayor and Council Members: At a regular meeting held on May 1, 2000 after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Todd Iocco and seconded by Commissioner Russ Selemon to recommend approval of Zone Change Application No. 906. Motion to approval passed 5 to 0. This is submitted for your consideration.