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Ord. 509-344 10-25-99 ORDINANCE NO. 509-344 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 LOT 8A, (ADJACENT TO WEST LEA SUBDIVISION), H.T. & B.R.R. CO. SURVEY, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 747) (FM 1128 @ WEST LEA) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)TO GENERAL BUSINESS DISTRICT (GB)AT THE REQUEST OF LISA M. MASSEY, 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, Lisa M. Massey, Owner, filed on February 11, 1999, 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 13th of September, 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 23rd day of September, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Lisa M. Massey, 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 District (SD) to General Business District 1 . (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 October 11, 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 Lisa M. Massey , 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 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)to is hereby for all purposes changed and reclassified as General Business District (GB); such property being more particularly described as: Lot 8A(adjacent to West Lea Subdivision), H.T. & B.R.R. Co. Survey, according to the plat records of Brazoria County, Texas (FM 1128 @ West Lea) 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 • Ill. 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. 3 ORDINANCE NO. 509-344 PASSED, APPROVED, and ADOPTED on First Reading this day of b4-obe'c , 1999. ____S__=---Af7211a4- TOM REID MAYOR ATTEST: , . -./d.,// /� ,:e. —..i tUNG I 'P.1- / TYS�' RETARY / - PASSED,APPROVED, and ADOPTED on Second and Final Reading this day of QC+Obe/ , 1999. c .__._....... )Gnu/ i, TOM REID MAYOR ATTEST: Ai .LV .r m ,L, 401 NGL•r=r ► � / Y SEfi ARY APPROVED AS TO FORM: 044,‘".. ii. c DARRIN COKER CITY ATTORNEY 4 ORDINANCE NO 509-344 September 23, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 747 Request of Lisa M. Massey, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District(GB) on the following described property, to wit: Lot 8A(adjacent to West Lea subdivision), H. T. & B. R.R. Co. survey, according to the plat records of Brazoria Co., TX(FM 1128 @ West Lea) Honorable Mayor and Council Members: At a regular meeting held on September 20, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Vice-Chairperson Tommy Scott and seconded by Commissioner Emil Beltz to recommend approval of Zone Change Application No. 747. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, S- CtkA, 011 Mary tan, Chairman Planning&Zoning Commission \� \~��'^��.'`��tt�l�l�._r�\\fig,�a 4t ��.f.1nt ��if;.:T.'�t �1.4^,< .`��i.��i;\2� � t��c. 'a Y�,��1� �.t�`�'� ��t*�' . „j sy,..iki%P.,LA.'s„kKx,,,,„,..„ ,\ ._ C'hange in Zoning Classification from: s'1� to: �4w! i'Irfc a 0a' .. .. Change in Regulations in Section k: Specific Use for: * _ i Property address: F,,4 //),, r M- Go s1- Lot: F/3. Block: Afs4-, S-44 Subdivision: A0 74-e-CA- 4-6 W% 1- L69 i Metes & Bounds Description: La r4 64". `AI"�' 1-44- 5.4) Cc"' H144- 4 /zfZ (unplatted property only; attach survey) ,g-cars 0, 42 p ' Tax I.U. number: 4546-- 0013-• 600 Proposed use of land within requested designation: Record owner's name: L/ S4 111• 1r)4-SWe Owner's mailing address: -3S// r{aes/f/milli' vws ad, (y ou ,4 -77& _‘Zo& Owner's telephone number: 711_ 77/ -T &9 . Agent's name: &/l 4-11-t46 S'o V Agent's mailing address: 7, 0, g$d ?ids (-A6.90_144,-A/4 -773—A- , Agent's telephone number: / - I-j j25---6ecyO 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'I'cxas and Ordinances of the City of Pcarland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use , _n may b . incompatible with current and future uses on properties in my vicinity. • Owner's signature: _- Agent's signature: ... Fees paid: $ ce C Date paid: - ( ( -9 9 - _ .y ':^.: :' y i"w iv!5 44w 1 wh ` .... w'ict a " v ... ....t elll V«t l J ' 159 + Y # w 0YS OYri"," , ‘) ql i 1 i ��pGN 5 10 4 ZONE SD MOCKINGBIRD LN. ZONE SD 1 06-ti 200' Q 1 14 Z PA ;rYP.) J Y n Q }- 6 7 v �_ (Y ZONE SD Q CC 200' F-- (1YP.) 5 0 Z � ZONE SD - z 1-5 ck 7 10 ,.4s'., City of Peariend Texas U8A At MALMSEY ZONCHANGE FRO SD TO GB SD SUBURBAN DISTRICT MF Noa747 so. SHEET MIK MARCH. 1999 , . 1 GB GENERAL BUSINESS DISTRICT Dm ord.E9. coo FIE COW OF D. SMITH 99-8110 OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties dandy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria and Harris Counties, for ( issues, as follows: - No. I Date 02C 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 / President bscribe and sworn to before me this Z 1 day of 46(g, 41i is �% 1.4*47: rfoEmitimaint*Rhilaii er Notary Public, State of Texas E .210- isilL `92 Young Lofting ft City r " PEARLAND (281)652-1655 Telecapier(281)652-1706 X A r. 8 Y' December 3, 1999 Lisa M. Massey 3511 Fresh Meadows Dr. Houston, Texas 77063 Dear Ms. Massey: On October 25, 1999, the City Council voted to approve Application No. 747 requesting the change of classification of certain real property from the classification of Suburban Development District (SD) to General Business District (GB). Enclosed is a copy of Ordinance 509-344 for your records. Sincerely, A:47:4KS/4 Young Lorfing City Secretary Enclosure 3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 •281-652-1600 • www.ci.pearland.tx.us •UBLIC HEARING OF THE I. TY COUNCIL AND THE I LANNING AND ZONING _ • OF THE OTT F PRA11LA1 1+TEXAS C Nice is hereby Own that on She 13th day of Septsnber. 1999, at 6:30 p.m., the City f Council and the Planning and Zoning Commission of the City of Peadand,Brazoria and Harris Counties,Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 ;Liberty Drive, Pearland, 'Texas, on the request of Charlie Eason, agent for Lisa M. Massey, owner, for an' amendment to the Land Use/ and Urban Developmenti Ordinance of said City from Classification Suburban Development(SD)to General ;Business District(GB)on the following described property, o wit: of 8A(adjacent to West Lea ubdivision), HT&B RR•Co. resurvey,A-546,being 0.620 tacres, according to the plat records of Brazoria Co.,TX (FM 1 128 at West Lea) t said hearing all interested parties shall have the right nd opportunity to appear and heard on the subject. oung Loafing Secretary .a... ' L' 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 rculation in Brazoria and Harris Counties, for / issues, as follows: -• No. • Date 91""- 19 /7/ No. Date 19 No. Date 19 No. Date 19 No. Date 19 - // ‘r,ris � - President ibscribe and sworn to before me this day of ..L., Laura.Ann E. nmons,`Publisher _ . , -exas 'OTICE OF A JOINT •UBLIC HEARING OF THE ITY COUNCIL AND THE '° •LANNING AND ZONING • MISSION OF THE CITY r •F PEARLAND.TEXAS otice is hereby given that he 13th day.of Septem 999, at 6:30 p.m.,the uncil and the Plannin oning Commission o ity of Pearland,Brat Harris Counties,Texa` conduct a Joint Pnly Hearing in the Co Chambers, City Hall, Liberty Drive, Pearl, Texas, on the rogues , Charlie Eason,agent for M. Massey, owner, fon amendment to the Land le and Urban Developmn� Ordinance of said City frtm •Classification Suburban Development(SD)to General usiness District(GB)on the ollowing described property, 'wit: .t 8A(adjacent to West Lea bdivision), HT&B RR Co. rvey, A-546,being 0.620 res, according to the plat cords of Brazoria Co.,TX t 1f at West Lea) ..r si ai NONNIII " fll fi O Ma VII P_.\1tiL�6 TI be heard on the subject. Young Lolling__ sea AP LIONNONMO.?V