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Ord. 509-540 10-22-01 Failed FAILED 10/22/01 ORDINANCE NO. 509-540 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 AND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING PROPERTY, BEING LOT 16 & 17, BLOCK 2, MCGINNIS SUBDIVISION, AS RECORDED IN VOLUME 8, PAGE 7, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 95) (2410 DIXIE FARM ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R- 1) TO SINGLE FAMILY DWELLING DISTRICT (R-1 (S)) AT THE REQUEST OF AVERY GERMANY, AGENT FOR AVERY AND PAMELA GERMANY, 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, Avery Germany, agent for Avery and Pamela Germany, Owners, filed on August 27, 2001, 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 8th of October, 2001, 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 9th day of October, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Avery Germany, agent for Avery and Pamela Germany, Owners, whereby the Commission recommended and approved a change of classification for the ORDINANCE NO. 509-540 property described in Exhibit "A" from its existing classification of Single Family Dwelling District (R-l) to Single Family Dwelling District (R-I(S)); 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 October 22, 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 Avery Germany, agent for Avery and Pamela Germany, Owners, 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 Single Family Dwelling District (R-1) is hereby for all purposes changed and reclassified as to Single Family Dwelling District (R-I(S)); for a Church such property being more particularly described as: Lot 16 & 17, Block 2, McGinnis Subdivision, as recorded in Volume 8, Page 7, plat records of Brazoria County, Texas (2410 Dixie Farm Road) II. The City Council of the City of Peadand 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 2 ORDINANCE NO. 509-540 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. This Ordinance shall become effective after its passage and approval on second and final reading. ORDINANCE NO. 509-540 PASSED, APPROVED, and ADOPTED on First Reading this __ day of , 2001. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of ,2001. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 October 9, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE APPLICATION NO. 95 Request of Avery Germany, agent for Avery and Pamela Germany, ownem for an amendment to the Land Use and Urban Development Ordinance for a Specific Use for a church on the following described property, to wit: Lot 16 & 17, Block 2, McGinnis Subdivision, as recorded in Vol. 8, pg 7, plat records of Brazoria Co., TX (2410 Dixie Farm Road) Honorable Mayor and Council Members: At a regular meeting held on October 8, 2001, a~er a Joint Public Hearing, the Planning and Zoning Con,mission considered the above-mentioned request. A motion was made by Vice Chairman Doamld Glenn and seconded by Commissioner Robert Scherrer to forward Specific Use Application No. 95 to City Council for denial with no further discussion. Motion to deny passed 5 to 0 (1 abstention). Commissioner Kevin McDonald abstained. This is submitted for your consideration. Sincerely, H. Charles Viktorin, Chaimmn / -~' - Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised $/9/00 Change in Zoning Classification from: to: Change in Regulations in Section #: × sp~if,~ use for: '.. C .~..cct~ Met~ & Bounds Description: (~pla~ted prop~ty on~y; attach su~ey) Tax I.D. number: Current u~e of land: Proposed use of land within requested designation: (')/~c~-e~/~/ Ag~nes t~l~hone n~ber: ~ 3 i ~,, ~,,5', PETITION: As o~er/ag~t, I hereby p~tition pmvidedby~lawsof~StateofT~xas~dOrdinan~osof~Ci~ofPo~laM. *OnaS~ifi~Us~ P~it ~qu~t to allow a residential use ~ a bus~s zeno (OP, NS, incompatible with cu~ant ~d ~ uses on pretties SPECIFIC USE APPLICATION NO. 95 ~'~'-. Avery & Pamela Germany ~ 2410 Dixie Farm Road AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O. [lox 954 Friendswood, Texas 77546 ~tate of Texas _~alveston and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general :irculation in Galveston, Harris and Brazoria Counties, for / issues, as follows: No. I Date ~- J~ 20 OI No. Date 20 No. Date 20 __ No. Date 20 No. Date 20 __ ubscribe and sworn to before me this ~.o day of ~ 00I ~"~-- -'~ ~ Nota~ Pubtic ,State of Tex~~[ ~..~.C missi~'me'~cg-02 , - ~ m~hs,-Publisher Notary Public, State of Texas ~THE AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for ] issues, as follows: No. / Date ~' ?-(,, 20 ¢/ No. Date 20 __ No. Date 20 __ No. Date ~ 20 __ No. Date 20 ~ubscribe and sworn to before me this gh day of ~ ~.OOI ~ , sher Notary Public, State of Texas 3619 Texas, on ~rm~ny owner, for ~ S~e~i~e :~p[mit for a ~t =~6"~'1~lock 2~ f~Corded in VOL 8; Pg, 7, said hea~ng e~ ~ the