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Ord. 509-323 09-27-99ORDINANCE NO. 509-323 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 5.000 ACRE TRACT , THE NORTH '/Z OF LOT 21, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 81, H.T. & B.R.R. CO. SURVEY, A-300, RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 694) (2202 SMITH MILLER ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JIM ORESCHNIGG, 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, Jim Oreschnigg, Owner, filed on January 19, 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 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 2nd 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 Jim Oreschnigg, 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 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 Jim Oreschnigg, 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: Being a 5.00 acre tract, the North % of Lot 21, Allison Richey Gulf Coast Home Co. Subdivision, Section 81, H.T. & B.R.R. Co. Survey, A-300, recorded in Volume 2, page 98, plat records of Brazoria County, Texas (2202 Smith Miller Road) 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. nl. 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. AU 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. 509-323 PASSED, APPROVED, and ADOPTED on First Reading this 1 h day of Q 0--m )r , 1999. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 974 h day of Se pkm b , 1999. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 TOM REID MAYOR September 2, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 694 Request of Jim Oreschnigg, 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: Being a 5.000 acre tract, the North Y2 of Lot 21, Allison Richey Gulf Coast Home Co. subdivision, Section 81, H.T. & B. R.R. Co. survey, A-300, recorded in Volume 2, pg 98, plat records of Brazoria Co., TX (2202 Smith Miller Road) 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 Vice -Chairperson Tommy Scott and seconded by Commissioner Donald Glenn to recommend approval of Zone Change Application No. 694. Motion to approve passed 6 to 0. This is submitted for your consideration. Sincerely, ;& ihActi Mary Starr, Chairman Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: St Change in Regulations in Section #: Specific Use for: * Property address: 0 to: Son. t rn LER_ 'RI). Block: IU/A- Metes & Bounds Description: (unplatted property only; attach survey) S g" ,47'7 b Lot: Subdivision: ALLI gom _ R/c ycy GUCPe©,T t^ Tax I.D. number: Z/(041- Off _ '7 "l8 L-( Proposed use of land within requested designation: LI t,ve SS Record owner's name: J %I\ iZ EC --14 M 1 6.61 Owner's mailing address: Po Box I I q °1 F o n - Owner's telephone number: 17/3- q3(,- l g6,7 Agent's name: Agent's mailing address: tiN 10\ Agent's telephone number: I Q 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 . o a resi•` ntial use in a business zone (OP, NS, GB), I acknowledge that such use may be incompati • le th c t and future ses on properties in my vicinity. Ilittr / Fees paid: $ h Owner's signatur Received by: mime_ Agent's signature: Date paid: Application number: f0. -`1"9 13 SD SUBURBAN DISTRICT GB GENERAL BUSINESS DISTRICT 23 24 33 34 City of Pe♦rlend, Texas 4: 1 JIM ORISSCHNIOQ ZONE CHANGE FROMT SDB SHEET 1 CAD FILO 99-8047 OF 1 1 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 j —/d 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this 19 � S President Iladay of Notary Public, tate o exas Is hereby given that day of L4arch,1' :30 p.m„ the City the Planniriyand Zoni iasion of the City o AV RI* comme,tier4411. Way Dievik fill s, on the request of Aft schnigg, owner, for an ndment to the Land Use Urban Development inane of said City from ssification Suburban veloprnent (SD) to General ness District (GB) on the lowing described property, wit: a 5.000 ac. tract, the N /2 of Lot 21, Allison Richey ulf Coast Home Co. subdivi- sion, sect. 81, HT& B.RR Co. survey, A-300, recorded in Vol. 2, pg. 98, Plat Records of Brazoria Co., TX (2202 Smith -Miller Road} At said hearing all interested arties shall have the right nd opportunity to appear and heard on the subject. Lorfing Secretary 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 3-- / 19 111 No Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this / day of LikaAr-A 19 C1� 11111 ur_ 4 ktFr 10q, kali .. 11ti 1�'\11'�11^\'� 1•`"\1'\'1 =.�'• • 1. is her tate of Texas bey HEARING OF THE CITY NCIL AND THE PLAN - G AND ZONING COM OF THE CITY OF ,TEXAS '> - is herby given that on 29th day of March, 19997 tManning �" Gonial mmission of the City of , Brazoda and Mob araillme M it eXat at te NNW 0141M reschnigg, owner, for an endment to the Land Use nd Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business District (GB) on the following described property, to wit: Being a 5.000 ac. tract, the N 1/2 of Lot 21, Allison Richey Gulf Coast Home Co. subdivi- ion, sect. 81, iiT& B RR Co. urvey, A-300, recorded in oL 2, pg. 98, Plat Records of razoria Co., TX (2202 -Miller Road) said hearing afi interested rties shall have the right opportunity to appear and heard on the subject. ng Lorfing