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HomeMy WebLinkAboutOrd. 509-531 10-08-01 ORDINANCE NO. 509-531 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 80 ACRES OUT OF THE F. B. DRAKE SURVEY, A-508, SECTION 12, H. T. & B. R.R. CO. SURVEY, CITY OF PEARLAND, BRAZORIA CO., TX (APPLICATION NO. 988)(VETERANS ROAD @ SPRINGFIELD AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES CORNELIUS OF SOWELL & COMPANY, AGENT FOR MARY F. EDWARDS, 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 Cornelius of Sowell & Company, Agent for Mary F. Edwards, Owner, filed on July 16, 2001, 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 13th of August, 2001, 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 16th day of August, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-531 proposed amendment application by, James Cornelius of Sowell & Company, Agent for Mary F. Edwards, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Commercial District (C) and Heaw Industrial District (M-2) to Single Family Dwelling District (R-2) 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 August 27, 2001, 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 Cornelius of Sowell & Company, Agent for Mary F. Edwards, 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 Commercial District (C) and Heavy Industrial District (M-2) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-2); such property being more particularly described as: 80 acres out of the F. B. Drake Survey, A-508, Section 12, H. T. & B. R.R. Company Survey, City of Pearland, Brazoria Co., Texas (Veterans Road @ Springfield Avenue) 2 ORDINANCE NO. 509-531 Ih 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. II1. 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 c ty. 3 ORDINANCE NO. 509-531 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 8 day of October ,2001. TOM REID MAYOR ATTEST: 4 ORDINANCE NO. 509-531 PASSED, APPROVED, and ADOPTED on Second and Final Reading this ].2 day of November' , 2001. TOM REID ATTEST: MAYOR APPROVED AS TO FORM: DARRiN COKER CITY ATTORNEY 5 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 5/9/00 x Change in Zoning Classification from: c ano M-2 to: R-2 __ Change in Regulations in Section #: Specific Use for: * Property address: Block of Veterans Lot: Block: Subdivision: Metes & Bounds Description: Lots 15 and 16~ Section 12 HT&BRR Co. (unplatted property only; attach survey) survey, Abstract 508 Tax I.D. number: Current use of land: vacant, one home Proposed use of land within requested designation: Sttbdivision ~ec, or~ Or~;~e~S ~¢: Mary F. Edwards Ownefs mailingaddress: 7412 Kelvin Houston, TX 77030 Owner's telephonenumber: ~713) 661-5122 Agent'sname: James S. Cornelius, Sowetl & Co. Agent's mailing address: 1601 Elm Street, Suite 300 Dallas, TX 75201 Agent's telephone number: (713) 627-8021 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, OB), I acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's mgnature _ .~ Fees paid: $ . a.~. ~2) r~'-~" ...... Date paid: Received by: ~ V '~ I~ Application number: F  ZONE CHANGE FROM w E ~s Ma~ F. Edwards C AND M-2 TO R-2 Application No. 988 s August 16, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO TIlE CITY COUNCIL ON ZONING APPLICATION NO. 988 Request of James Cornelius of Sowell & Co., agent for Mary F. Edwards, owner for an amendment to the Land Use and Urban Development Ordinance of said City from Commercial District (C) and Heavy Industrial District (M-2) to Single Fsmily Dwelling District (R-2) on the following described property, to wit: 80 acres out ofthe F. B. Drake Survey, A-508, Section 12, H. T. & B. R.R. Co. survey, City of Peariand, Brazoria Co., TX (Veterans Road ~ Springfield Avenue) Honorable Mayor and Council Members: At a regular meeting held on August 13, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Robert Scherrer and seconded by Commissioner Todd Iocco to forward Zoning Application No. 988 to City Council for approval. Commissioner Selemon stated that he can not justi~ changing the Foreign Trade Zone and he thinks the Comprehensive Plan should be changed first. Motion to approve failed 2 to 2 (Commissioner Seherrer and Commissioner Ioeco voted for the motion to approve, and Chairman Viktorin and Commissioner Selemon voted against the motion to approve) This is submitted for your consideration. Planning & Zoning Commission 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, Harris & Galveston Counties, for. / issues,'as follows: No. /~ Date ~- ?__5' 20 o/ No. Date 20 __ No. Date 20 __ No. Date 20. No. Date .20 __ President 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, Harris & Galveston Counties, for / issues, as follows: No. / Date ?-/' 200/ No. Date .20 No. Date 20 __ No. Date 20 No. Date 20 __ Subscribe and sworn to before me this ~ day 20 ,'1 _ ' i ~~,~'_P~.¢¢1i~ he r ,~:x.q,,~~'