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Ord. 509-329 09-27-99ORDINANCE NO. 509-329 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 4.3026 ACRE TRACT, THE NORTH % OF LOT 38, SECTION 2, H.T. & B.R.R. CO. SURVEY, A-542, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 807) (1702 N. MAIN) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF DAVE A. FERRI, 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, Dave A. Ferri, Owner, filed on June 24, 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 2r 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 Dave A. Ferri, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Light Industrial District (M-1) to Commercial District (C); and; WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the 1 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 Dave A. Ferri, 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 Light Industrial District (M-1) to is hereby for all purposes changed and reclassified as Commercial District (C); such property being more particularly described as: Being a 4.3026 acre tract, the North 1/2 of Lot 38, Section 2, H.T. & B.R.R. Co. Survey, A-542, plat records of Brazoria County, Texas (1702 N. Main) 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 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. 3 ORDINANCE NO. 509-328 PASSED, APPROVED, and ADOPTED on First Reading this . -t'day of SO na-sbPx-- , 1999 TOM REID MAYO R ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this a-74hday of Cep crn , 1999. APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 1)01-7-7 TOM REID MAYOR ORDINANCE NO 509-329 September 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 807 Request of Dave A. Ferri, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Light Industrial District (M-1) to Commercial District (C) on the following described property, to wit: Being a 4.3026 acre tract, the North %2 of Lot 38, Section 2, H. T. & B. R.R. Co. survey, A- 542, plat records of Brazoria Co., TX (1702 N. Main) Honorable Mayor and Council Members: At a regular meeting held on September 7, 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 Todd Iocco to recommend approval of Zone Change Application No. 807. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, S7L1t4_ Mkt° Mary Starr, Chairman Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 J./- Change in Zoning Classification from: M - / to: e Change in Regulations in Section #: Specific Use for: • Property address: / 7Da N. M 4 1 iv //wry 3S P.e i 1 X 41.3o21„ ac. TR of Iii* >i o F NT+6Rk Lot: 3? Block:Sec-Tx A-54Z Pe4i' L A t Subdivision: C�er j i F',c.R-r , 3/p1 % rA2. Ce,.Ty Metes & Bounds Description: E.-0 (unplatted property only; attach survey) S E ll t f 7T c h a i Tax I.D. number: O SLI-a -- O O I) - o O o Proposed use of land within requested designation: 14 oTL IResTA-ur-Q14'�' CDNV eNje.nDce. S-t-©re_ A1Vb kLAJi... (),\ ad- el-lbuS�S64 t l qr o F Pr'o per-ry Record owner's name: t R U E A. Fe. rr I Owner's mailing address: 1702 N • MA t t Wy 3.5- SOwner's Owner'stelephone number: 2$ i- 148S---39 (o b Agent's name: 3 0 --77 D /r 5 c Agent's mailing address: 11 717 1l 191, L a przi `I l t c'Ac) oub, 11 CA. Th,,, TK 7702'1 Agent's telephone number: 2 g J-Veil- Dd 4,44 Ex 3 4, 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 allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signature: p,2s7-ig x Agent's signature: , Fees paid: $ ``� �� _ � Date paid: � . �e Received by: Vv.„,t � , - ,Application number: r HALIK ST. ZONE M-1 ZONE C ZONE M-1 4.3026 ACRES 1702 MAIN STREEr ZONE C RICE DRYER RD. SD SUBURBAN DISTRICT C COMMERCIAL DISTRICT M-1 LIGHT INDUSTRIAL DISTRICT ZONE M-1 w cc z AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ;tate of Texas razoria 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 irculation in Brazoria and Harris Counties for/ issues, as folloo ws: No. % Date 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 A«1 Jbscribe and sworn to before me this ) q6' OF Notice ishereby given that on the 23rd day of August, 1999; t 6:30 p.m.`the City Council nd the Planning and Zoning ommission of the City of Pearland, Brazoria and Hams unties, Texas, will conduct Joint Public Hearing in the ounce Chandlers, City Hall, 19 Lberty Dive; Pearland, exas;'on the request of obby Thompson, agent for David A. Ferri, owner, for an americlnent to the, Land Use and Urban Development Ordinancb of said City from Classification'Light Industrial 'strict (M•1) to Commercial ' ricf (C) on the following property, to wit: a 4:3026..acre tract, the 1/2 of.Lof 38, sect.2, HT& B RR Co. survey, A-542, ccording to the plat records Brazona Co., TX (1702 N. ain) At said hearing all interested parties shall have the right and.opportanity to appear and be heard on the subject w 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 .culation in Brazoria and Harris Counties, for / issues, as follows: No / Date / ' , J/ 19 No. Date 19 No Date 19 No Date 19 No. Date 19 ibscribe and sworn to before me this ‘7?ti--,/int., l\CIPresident day of Si -- Notary Public, State of Texas r PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,'TEXAS Notice is hereby given that on the 23rd day of August, 1999, at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria and Hams Counties, Texas, will conduct a Joint Public Hearing in. the Council Chambers, City, Hall, 3519 Liberty Drive, Peadand, Texas, on the request of Bobby Thompson, agent for David A. Ferri,owner, for an amendment to the Mase and Urban Development Ordinance of said City from Classification Light Industrial District (M-1) to Commercial District (C) on the following described property, to wit: Being a 4.3026 acre tract, the N 1/2 of Lot 38, sect2, HT& B RR Co. survey, A-542, according to the plat records of. Brazoria Co., TX (1702 N. Main) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject =C offing