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Ord. 509-409 2000-02-28 ORDINANCE NO. 509-409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, AN TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND CITY OF PEARLAND, TEXAS,RFOR DEVELOPMENT ORDINANCE OF THE C T THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.5 ACRES OF THE NORTHWEST OUT TOF A 40 'ACRE TRACT OF LAND IN THE SOUTHWEST SECTION 17, H.T. & B.R.R. CO. SURVEY,E ROAD)FROM CLASSIFIOCATION, TEXAS(APPLICATION NO.899)(8017 FI ) SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF GERALD W. OLSON, OWNER, PROVIDING FOR AN VINGS AMENDMENT OF THE LAND USE DISTRIN EFIFECTI CONTAINING DATE ANDAOTHER CLAUSE, A SEVERABILITY CLAUSE, AN RELATED TO THE SUBJECT. WHEREAS, Gerald W. Olson, Owner, filed on January 13, 2000, 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 22nd of February, 2000, 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 22nd day of February, 2000, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by,Gerald W.Olson,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 Commercial District(C); and; 1 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 February 28, 2000, 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 Gerald W. Olson, Owner, 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 Suburban Development District(SD)to is hereby for all purposes changed and reclassified as Commercial District (C); such property being more particularly described as: 2.5 acres of land out of a 40 acre tract of land in the Southwest ' of the Northwest 1/4 of Section 17, H. T. & B.R.R. Co. Survey, A-242, Brazoria County, Texas (8017 Fite 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. 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. 509-409 PASSED, APPROVED, and ADOPTED on First Reading this day of , 2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED,APPROVED, and ADOPTED on Second and Final Reading this day of , 2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 • �v`l ` \\\��4 :•ssNr�>hc:.�s,.;.s.,,.,,y,y:.,\��o. .\ti\\`0�� .s.\ 4.s v++ s�:r:;v;�ti•,.1..••{:.:.•.',.,.'N'N .>S.`x`:\` s4°0,:. �`... ,�'2�'\ `����\\�;i*;7..x'{ , \ ,'.';:•:; �'\\\`.;iA1.a11.., ., :a,; w ,.:h �\\ �\.,\ , \ \,:�\`\Z�.`.''• , ,`Y •#•\\*.w..l`s\2,.{.ti.:? • �3fi�A4��JJ�U\\� ,A:?hr;a?:�ai,�i:;z'��:\\J\�'''a Va\`\\\'w�a:", '''@�,\'"w �:.. , 'o t ;.,: \, ,>.r..;a:`»\,w„c�F, \\ a±�:{w�.tioas%4:ax,,.•sa\4i?���\,�a\ :a�J\�\, iata)Ya:;a2S::�,J:,�x't:^• ✓ check one iii /, Nimmuummos �� fn �om rci— Property address: 8b l') g-f E R�. <I Arcf i 4-1 %rac-71 Lot: Block: Subdivision: • Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: SUBMITTAL INFORMATION: Attach a plot plan or survey showing the location, size, relationship of all existing structures to boundary lines. zoni✓tg Explain why proposed ral■w is needed: Z,,, orJE r fv Co•17 c- Ia�S M y osi HESS i/1 /Car(pn� Record owner's name: 6 fa. . 0 50 Owner's mailing address: p • Re,,, /v 63./7 a n ✓C f', /t- o'5'e Owner's telephone number: 2.8/ - Agent's name: Agent's mailing address: Agent's telephone number: PETITION: As owner/agent, I hereby petition the City for approval of the above described request as provided by the laws of e State of Texas and Ordinances of the City of Pearland. Owner's signature: 1& Agent's signature: Fees paid: $ Date paid: ' - t 3 -OD a: ,w•'°s.>� -:t• „soh;•- '.:vi:4'`:;::5;:;.•:.s:r:::.;:.•' Received by: 0 0 m 29 5 Wz ZONES D 6 30 ZONE SD 1111111111111/ I ZONE SD 2.5 ACRES zoNe sD 8017 FETE R-1(381) ■ ROAD F(TE R I fi � `� 101111011 tevairi,,C0.WW1° �� A � w p a© 11111011 :OURT ' ni -• c ■g ■ � ., v as o � ♦ 0 liNv - � 013L04 imumeo, o ♦ oi 511W 11111111Noe� of ts! v�o . o e i of .:4� E o , # * "Lam• '� :may qty of Pesrtand, Texas GERALD W.OLsON ZONEFRCHANGE OM 8D TO C Ayr.N..e899 l..le SHEET „oNZ:,-_4D0. 1 Dm kJ.EB. pp n us Othd Bp C. TUMIIJNSO44 00-8004 OF 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 0 '- Z5fk 20 a o No. Date 20 No. Date 20 No. Date 20 No. Date 20 „.1 d its&inn ident Subscribe and sworn to before me this ±k day of J a`^- j N\■; = 20 °° i . u., n/,, lug! ,:n.` Publisher Notary St-e of Texas NOTICE OF A JOINT 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 14th day of February, 2000, at 6:30 p.m.,the City Council and the,Planning and Y Zoning Commission of the i City of Pearland, Brazoria, Harris and Fort Bend Counties,Texas,will conduct a Joint Public Hearing in the Council Chambers,City Hall, 3519 Liberty Drive, Pearand, Texas, on the request of Gerald W.Olson,owner,for ' an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development OiNrict(SD)to CommeNIM bietnOt(C) on Ithe following dWecrf(1ed prop- erty,to wit: L. 2.5 acres of land out of a 40 1.„ acre tract of land in the .= Southwest 1/4 of the Northwest 1/4 of Sect. 17,H. T. &B. R.R.Co. survey,A- 242,Brazoria Co.,TX(8017 Ate Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing City Secretary APPLICATION NO.NO 05/01/2000 22:0 r 281485b i REPORTER NEWS PAGE 01/01 2: r� 54 . OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 to of Texas tzoria and Harris Counties andy Emmons, hereby certify that the notice hereby appended was published irazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ulation in Brazoria'and Harris Counties, for I _ _ issues, as follows: No. . ` _ Date f- 20 CL No. • Date 20 No. . Date No. Date 2n No. Date _ 20 � �-(m President i :vibe and sworn to before me this 5 . . • , �o . r LAUr?1 A. FVVONS / 1 rp n.. ,.o. ��T�s�on cxptt'e3 _ :.•,• , t� .� •,t, • her Notary Public, State of Tecas mom NOTICE OF A JOINT 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 14th day of February, 2000, at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties,Texas,will conduct a Joint Public Hearing In the Council Chambers,City HaI, 3519 Liberty Drive, Pear land, Texas, on the request of Gerald W. Olson,owner,for an amendment to the Land Use and Urban Development Ordinance of said City from CIusiUGa$tt 44,14,6211 (f } Coles WOO )„am ortn*wit . 2.5 acres of land out of a 40 acre tract of land in the Southwest 1/4 of the Northwest 1/4 of Sect. 17,H. T. &B. R.R. Co. survey, A- 242, Brazoria Co.,TX(8017 Fite Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Young Lorfing City SecaMity APPUOATION NO.NO February 22, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 899 Request of Gerald W. Olson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District(SD)to Commercial District (C) on the following described property,to wit: 2.5 acres of land out of a 40 acre tract of land in the Southwest 1/4 of the Northwest 1/4 of Section 17, H. T. & B. R.R. Co. survey,A-242, Brazoria Co., TX (8017 Fite Road) Honorable Mayor and Council Members: At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Todd Iocco and seconded by Commissioner Donald Glenn to recommend approval of Zone Change Application No. 899. Motion to approve passed 7 to O. This is submitted for your consideration. Sincerely, /Tor l Mary Starr, Chairman Planning& Zoning Commission