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Ord. 509-574 03-24-02ORDINANCE NO. 509-574 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 3 ACRES, OUT OF A 12 ACRE TRACT, BEING OUT OF THE SOUTH 99 ACRES OF THE H. T. & B. R.R. COMPANY SURVEY, SECTION 7, A-219, AND RECORDED IN VOLUME 868, PAGE 239, DEED RECORDS OF BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1029) (6301 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT- PLANNED UNIT DEVELOPMENT(GB- PUD) AT THE REQUEST OF JIMMY VAUGHAN, AGENT FOR JIM MARSH, 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, Jimmy Vaughan, Agent for Jim Marsh, Owner, filed on February 13, 2002, 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 11 th of March, 2002, 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 1 ORDINANCE NO. 509-574 WHEREAS, on the 12`h day of March, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Jimmy Vaughan, Agent for Jim Marsh, 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 General Business District -Planned Unit Development (GB PUD); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and the recommendation of the Planning and Zoning Commission, at a regular meeting on March 25, 2002, 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 Jimmy Vaughan, Agent for Jim Marsh, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby for all purposes changed and reclassified as General Business District -Planned Unit Development (GB PUD); such property being more particularly described as: 3 acres, out of a 12 acre tract, being out of the South 99 acres of the H. T. & B. R.R. Company Survey, Section 7, A-219, and recorded in Volume 868, page 239, Deed Records of Brazoria County, Texas (6301 Broadway Street) 2 ORDINANCE NO. 509-574 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. 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. 3 ORDINANCE NO. 509-574 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 25 day of March , 2002. ATTEST: 4 TOM REID MAYOR ORDINANCE NO. 509-574 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8 day of Apri 1 , 2002. ATTEST: :,r ,// AO , UNG r-1r / Y S' RETARY APPROVED AS TO FORM: DARRIN COKER. CITY ATTORNEY 5 TOM REID MAYOR eo CITY OF PEARLAND ZONE CHANGE APPLICATION 1 revised 10/20/01 VChange in Zoning Classification from: S) to: 66 ` P (A6 Change in Regulations in Section #: Specific Use for: * • Property address: 1 G- 0 \_ IADRra-P Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Current use of land: '� GG \......_Nry-s\crt-A---br)SPro osed use of land: YiCi�� Gar&rk1� Record owner's name: k ‘f`rN t ' `a_‘C6r Owner's mailing address: 'ICI t q r t ©n+ c `e i . Owner's telephone number: ‘-r\d S ` 0 IA T' 1 OL Agent's name: cY1vr ociuLk G in L Agent's mailing address: l � C55 5 5cw Qojb cuSCcICie' `R--1----+-36y Agent's telephone number: ' - c ci Lf T L &7 - I 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: Agent's signature: 1/1-31 Fees paid: $ r\ (., Date .pad: '" 3 -0 P- Received by: �i ( 0_,pA Application number: i Cr\ 11111111111111 111111111111 IIMIMIIIII 111.51r. orgiiiiiii Ali liniMill Mg ellION111111 r rr ■ NI IIIIIIIIIIII rr 1Mill 1.1rr ere0 11111•111 Liiiirii. 111Meinri11 iii I � irrirrr��arklimmuni AMIN ■ it rr ;��r r�r i \.. '‚1 ;rrr -rr� r IIIIMMIM �+rri _ a� r z» •3= gum limmmini r�r+ 11111 _maim, ,... as swksw..... iii I 1 SI rfekvi P. 1 ,. - d'j it, r'�MIMI MEIN MIN Lai Zone Change Application No. 1029 James Marsh/Jimmy Vaughan 6301 Broadway Street (SD -GB PUD) W E s C I C III - - II II 'II Zone Change Application No. 1029 James Marsh/Jimmy Vaughan 6301 Broadway Street (SD -GB PUD) w - s E 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, asfollaws: No Date -2'.2-o 20 L No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this r,\ LF s.. yeti .. Notzr t: EtaEtats 4 Commission Expires 9-9-02 % 1<-4 g?-0/a7._ President Laura Ann Emmons, Publisher Notary Public, State of Texas Application No. 1029 Bublished Feb. 20 & Feb. 27, 2002 NPTICE 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 11 th day of March, 2002, 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 Hail, 3519 Liberty Drive, Pearland, Texas, on the request of Jimmy Vaughan, agent for Jim Marsh, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to General Business District Planned Unit Development "(GB-PUD) on the following 'described property, to wit: '3 acres, out of a 12 acre tract, 'Being out of the South 99 'acres of the H.T.&B.R.R. Co. Survey, Section 7, A-219, and (ecor'ded in Volume 868, page 239, Deed Records of `Brazoria 'Co., TX (6301 Broadway Street) At, said hearing ail interested poles shall have the right nd opportunity to appear and be heard on the subject. /s/ Mott@ Alin Phlpps Developmet Coordinator APPLICATION NO.1029 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 n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of;general circulation in Brazoria, Harris & Galveston Counties, for / issues,' asfollows: No. / Date . ' — 7 20 D 2- No Date 20 No. Date 20 No. Date 20 No. Date 20 4 g)•%/k7".._._ President Subscribe and sworn to before me this day of '0 6� = L,' ) wi, v% Notary rc taia of Texas 4 `'�,. °' Commission Exp;res 9-9-02 wzArr Laura Ann Emmons, Publisher Notary Public, State of Texas Application No. 1029 Published Feb. 2 & Feb. 27,, 2002 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 11th day of. March, 2002, 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 Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Jimmy Vaughan, agent for Jim Marsh, owner, for an amendment to the Land Use: and Urban Development Ordinance of: said City from Classification Suburban Development District (SD) to General Business District - Planned Unit Development (GB-PUD) on the following described property, to wit 3 acres, out of a 12 acre tract, being out of the South 99 acres of the H.T.&B.R.R. Co. Survey, Section 7, A-219, and recorded in Volume 868, page 239, Deed Records of Brazoria Co.,' TX (6301 Broadway Street) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phi Development Sc APPLICATION NO. 1029 March 12, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1029 Request of Jimmy Vaughan, agent for Jim Marsh, owner for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to General Business District -Planned Unit Development (GB PUD) on the following described property, to wit: 3 acres, out of a 12-acre tract, being out of the South 99 acres of the H. T. & B. R.R. Co. survey, Section 7, A-219, and recorded in Volume 868, page 239, Deed Records of Brazoria Co., TX (6301 Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on March 11, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Commissioner Todd Iocco to forward Zoning Application No. 1029 to City Council for approval with a second made by Commission Don Sederdahl. Motion to approve passed 6 to 0. This is submitted for your consideration. Sir cerely,, ird(401/4 H. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg Page 1 of 1