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Ord. 509-325 09-27-99ORDINANCE NO. 509-325 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 A, GARDEN ACRES SUBDIVISION, SECTION 3, AS RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 796) (6117 BROADWAY) FROM THE CLASSIFICATION OF GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF R. WEST DEVELOPMENT, 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, R. West Development, Owners, filed on April 22, 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 7th day 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 8th 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 R. West Development, Owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of General Business District (GB) to Commercial District (C); 1 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 R. West Development, Owners, 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 General Business District (GB) to is hereby for all purposes changed and reclassified as Commercial District (C); such property being more particularly described as: Lot A, Garden Acres Subdivision, Section 3, as recorded in the plat records of Brazoria County, Texas (6117 Broadway) 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 2 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. PASSED, APPROVED, and ADOPTED on First Reading this � .2-I- I-1 day of Sep -1 -ern be4 , 1999. 3 TOM REID MAYOR am ORDINANCE NO. 509-325 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 027411da v,o 4-Cryt be.K Y , 1999. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 TOM REID MAYOR September 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 796 Request of R. West Development, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business DistrictGB to Commercial District (C) on the following described property, to wit: ( ) Lot A, Garden Acres subdivision, Section 3, as recorded in the plat records of Brazoria Co. TX (6117 Broadway) Honorable Mayor and Council Members: At a regular meeting held on September 7, 1999, after Zoning Commission considered the above-mentioned A motion was made by Commissioner Emil Beltz and recommend approval of Zone Change Application No. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, CfootA ifi144° Mary Siarr, Chairman Planning & Zoning Commission the Joint Public Hearing, the Planning and request. seconded by Commissioner Todd Iocco to 796 • .11 ...1 1 1 V/ ► VARLAHD ZONE CHANGE APPLICATION revised 3/5/96 X Change in Zoning Classification from: GB Change in Regulations in Section /1: Specific Use for: Property address: 6117 Broadway, Pearland,TX Lot: A Block: Section 3 Metes & Bounds Description: (unplatted property only; attach survey) N/A Tax I.D. number: 76-0352627 to: C Subdivision: Garden Acres Proposed use of land within requested designation: Lawn & Garden Record owner's name: R. West Development Co., Inc. Owner's mailing address: 2510 Westminister Pearland TX 77581 Owner's telephone number (281)997-1500 Agent's name: Renee' L West, President Agent's mailing address: 2510 Westminister Pearland TX 77581 Agent's telephone number: (281)997-1500 'ETITION: As owner/agent, I hereby petition the City for approval cribed request as provided by the laws of the State of Texas and Ordinances of the Citythe of Pearland.e *On a Specific Use 'ermit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use nay be incompatible with current and future uses on properties in my vicinity. Dwner's signature: =ees paid: $ Received by: Agent's signature: Date paid: Application number: ZONE R-1 ZONE SD „e„ ZONE SD SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT GB GENERAL BUSINESS DISTRICT C COMMERCIAL DISTRICT AFFIDAVIT OFPUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ;tate of Texas .razoria and Harris Counties Randy Emmons, hereby certify that the � Brazoria and Harris Counties in THE REPO notice hereby appended was publishedR irculation in Brazoria and Harris Counties, for issues, NEWS, a newspaper of general issues, as follows: _ No. % Date No. No. Date No. Date No. Date Date >cribe and sworn to before me this CSL 19 19 i UBLIG HEARING QF THE tTY COUNCIL AND THE LANNING AND ZONING 01MISSION OF THE CITY PEARLAND, TEXAS otfce is hely given that on 23rd day of August, 1999, at 6:30 p.m, the City Council and the Planning and Zoning Commission of the City of Peartand, Brazoria and Harris °unties, Texas, will conduct Joint Public Hearing in the uncil Chanters, City Hall, 19 Liberty Drive, Peadand, exas, on the request of R. est Development Co., Inc., caner, for an amendment to e Land Use and Urban evelbpment Ordinance of id City from Classification eneral Business (GB) to rcial District (C) on the. °flowing described property, o wit: of A, Section 3, Garden res subdivision,; as record- I d in the plat records of razoria Co., TX (6117 dway) t said hearing all interested arties shall have the right opportunity to appear and be heard on the subject. e/ Young Lorfing r 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 wasu ' Brazoria and Harris Counties in THE REPORTER NEWS, a news p bushed culation in Brazoria and Harris Counties, for Paper of general issues, as follows: _ No. l Date No. Date No. Date No. Date No. Date )scribe and sworn to before me this 19 19 19 19 isher Notary Public, State of Texas THE ITY COUNCIL ANDIHE LANNING ANO ZONING OMMISSION OP THE CITY PEARLAND, TEXAS Notice is hereby given that on the 23rd day o$ August, 1999, at 6:30 p.m, the City Council and the Planning and Zoning Commission of the"City of Peattand, Braloria and Harris Counties, Texas, Will conduct a Joint Public Hearing in the Council Charnbers, City Hall, 3519 Liberty Drive, Portend, exas,'on the request of R. est Development Co., Inc., er, for an amendment to e Land Use' and Urban elopment Ordinance of id City from Classification eneral Business (GB) to ieraal District (C) on the 'ng described property, of A,. Section 3, Garden res' subdivision, as record- d in the plat records of arum's Co., • TX (6117 Broadway) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject.