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HomeMy WebLinkAboutOrd. 2000M-0100 2013-03-25ORDINANCE NO. 2000M-100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 9.930 ACRES OF LAND, LOTS 30-30A, OF THE ALLISON — RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 20, OF THE H.T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS. (LOCATED AT 8809 BROADWAY, PEARLAND, TX), ZONE CHANGE 2013-04Z, A REQUEST OF LISA MARINO, APPLICANT AND THE OLD PLACE INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE TO THE GENERAL BUSINESS (GB) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Lisa Marino, applicant and The Old Place Inc., owner, filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district from Neighborhood Service (NS) to General Business (GB); 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 more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 18th day of February, 2013, 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 hereto and made a part hereof for all purposes as Exhibit "C", said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and ORDINANCE NO. 2000M-100 WHEREAS, on the 18th day of February, 2013, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of Lisa Marino, applicant and The Old Place Inc., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Neighborhood Service (NS) to General Business (GB), said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 11th day of March, 2013 and; 25th day of March 2013; 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 Lisa Marino, applicant and The Old Place Inc., owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently classified as Neighborhood Service (NS) to General Business (GB), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: Page 2 of 4 Ord No 2000M-100 ORDINANCE NO. 2000M-100 LEGAL DESCRIPTION: BEING 9.930 ACRES OF LAND, LOTS 30-30A, OF THE ALLISON — RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 20, OF THE H.T. & B. RAILROAD COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS GENERAL LOCATION: 8809 BROADWAY, PEARLAND, TX Section 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. Section 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. Section 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. Section 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. Section VI. The City Secretary is hereby directed to cause to be prepared an Page 3 of 4 Ord No 2000M-100 ORDINANCE NO. 2000M-100 amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 11th day of March, 2013. ATTEST: TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of March, 2013. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 4 of 4 Ord No 2000M-100 EXHIBIT "A" Application Ordinance No. 2000M-100 CHAr+GE APPflO ! Page 1 of 4 Updated October 2012 City of Pearland C©rnmuniry uevelopment 3523 Liberty Drive (CGrr unity Center) Peariand, Texas 77581 221-352-17& 281-552-1702 fax APPLICATION FOR A CHANGE IN ZONING Cur rentZoning District: Proposed Zoning District: i rope y information: P18„8 yd88: ;35 ui88C y i/ 9 T I Q t1' U VV 1 -' 2, Tax ticcourn No. Sutxliv;suDr'1: Lot: A comp l to epplication must include alb information Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME ADDRESS ,1 CITY psis FAX( 75! E-MAIL ADORE' STATE / ( ZIP { 'Property owner must be the As owner and applicant, by UIC Unified Dee owners Signature, Aaent's/Applican Sicnature:' current owner cf the ,.I hereby request 1 ijCi ii Ls#ltiti "1Ji U prope Block: APPLICAN T AGENT 1 FOR TION: cry. the ADDRESS r, CITY Ittnrt FAX( E-MAIL ADDRESS the tirl STATE -r-x, ziP submittal of the €ppiicatlon, and not the party the above described request as provided for Date s , DATE 'Gtry EXHIBIT "B" Location Map Ordinance No. 2000M-100 Vicinity & Zoning Map Zone Change 2013-04Z 8809 Broadway This product is for information purposes and may not have been prepared for or be suitabl for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative ocation of property boundaries. SUNDOWN DR PUD \\\\\\\\\\\\\\\\\\\\ BROADWAY ST "\\ 0 75 150 300 Feet 111111111 EXHIBIT "D" P & Z Recommendation Letter Ordinance No. 2000M-100 Planning & Zoning Commission Recommendation Letter February 27, 2013 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2013-04Z Honorable Mayor and City Council Members: At their meeting on February 18, 2013, the Planning and Zoning Commission considered the following: A request of Lisa Marino, applicant and The Old Place Inc., owner, for approval of a zone change from the Neighborhood Service (NS) zone to the General Business (GB) zone for 9.930 acres on the following described property: LEGAL DESCRIPTION: Being 9.930 acres of land, Lots 30-30A, of the Allison — Richey Gulf Coast Home Company Subdivision of Section 20, of the H.T. & B. Railroad Company Survey, Abstract 506, Brazoria County, Texas GENERAL LOCATION: 8809 Broadway, Pearland, TX Following staff presentation, Commissioner Linda Cowles made a motion to approve the zone change. The motion was seconded by Commissioner Neil West. The vote was 6-0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties Ordinance No. 2000M-100 Exhibit "C" I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: 'No. / Date / " 20 20 /3 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 30 20/3 day of CFO Laura Ann Emmons, Publisher Notary Public, State of Texas Published Jan. 30, 2013 NOTICE OF A JOINT LEGALS PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLI- CATION NO. 2013.04Z Notice is hereby given that on February 18, 2013 at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Lisa Marino, applicant and The Old Place Inc., owner, for approval of a zone change from the Neighborhood Service (NS) zone to the General Business (GB) zone, on property locat- ed at 8809 Broadway, more specifically de- scribed below: Being 9.930 acres of land, Lots 30.30A, of the Allison — Richey Gulf Coast Home Company Subdivision of Section 20, of the H.T. & B. Railroad Company Sur- vey, Abstract 506, Brazoria County, Texas. At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addi- tional information, please contact the Planning Department at 281-652-1765. Harold Ellis City Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Ga!vest-on Counties, for / issues, as follows: No. / Date /- 20 20 /3 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 /3 1-U CFO day o Laura Ann Emmons, Publisher Notary Public, State of Texas Published Jan. 30, 2013 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLI- CATION NO. 2013.05Z Notice is hereby given that on February 18, 2013 at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, LEGALS Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Christy Smidt (Kerry G. Gilbert & Assoc.), applicant and Beeman E. Strong (for the Settegast Family), owner, for approval of a zone change from the Planned Development (PD) zone to the General Business (GB) zone, on property locat- ed north of Broadway on Pearland Pkwy, more specifically described below: Being a 31.3165 acre (1,364,147 square foot) tract of land situated in the Thomas J. Green Survey, Abstract Num- ber 198 in Brazoria County, Texas, and being out of and a part of the called 118.775 acre tract of land described in deed to Marion E. Settegast, et al as recorded in Volume 1421, Page 25 of the Brazoria County Deed Records, said 31.3165 acre tract of land. General location: Approximately 700' North of Broadway on Pearland Pkwy At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addi- tional information, please contact the Planning Department at 281-652-1765. Harold Ellis City Planner