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Ord. 509-365 1999 - FailedORDINANCE NO. 509-365 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 APPROXIMATELY 8.23 ACRES OUT OF AN 11.74 ACRE TRACT, PART OF LOTS 49 & 50, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 813) (CORNER OF FM 518 & CR 93) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAMES M. JOHNSON, AGENT FOR W.C. PROPERTIES, LTD., 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, James M. Johnson, agent for W.C. Properties, Ltd., Owner, filed on July 28, 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 11th of October, 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 19th day of October, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by James M. Johnson, agent for W.C. Properties, Ltd., Owner, 1 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); 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 25, 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 James M. Johnson, agent for W.C. Properties, Ltd., 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: I. 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: Being approximately 8.23 acres out of an 11.74 acre tract, part of Lots 49 & 50, Allison Richey Gulf Coast Home Co. Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, according to the plat records of Brazoria County, Texas (Corner of FM 518 & CR 93) 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 2 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 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. 509-365 PASSED, APPROVED, and ADOPTED on First Reading this day of , 1999. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 1999. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 October 27, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 813 Request of James Johnson, agent for W.C. Properties, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification General Business District (GB) to Commercial District (C) on the following described property, to wit: Being approximately 8.23 acres out of an 11.74 acre tract, part of Lots 49 & 50, Allison Richey Gulf Coast Home Co. subdivision, Section 85, H. T. & B. R.R. Co. survey, A-304, according to the plat records of Brazoria Co., TX (Corner of FM 518 & CR 93) Honorable Mayor and Council Members: At a regular meeting held on October 18, 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. 813. Motion to approve passed 4 to 0. Per Council request this item is being presented again as Specific Use No. 77 for a self - storage facility (partially climate controlled and partially non -climate controlled boat and R.V. storage) to be considered as a first and only reading. This is submitted for your consideration. Sincerely, gicuur Mary St Planning & Zoning Chairperson TO: YOUNG LORFING, CITY SECRETARY FROM: MONA ANN PHIPPS, PERMITS OFFICE MANAGER DATE: OCTOBER 14, 1999 RE: ZONE CHANGE APPLICATION NO. 813 Zone Change Application No. 813 went through Joint Public Hearing on October 11, 1999. It is scheduled for Planning and Zoning October 18t. This zone change request has, a sale pending on the property, therefore, the owner has requested that it be placed on the October 25th Council agenda. I have attached a copy of the application and map.