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Ord. 509-576 04-08-02ORDINANCE NO. 509-576 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 AND GRANTING A SPECIFIC USE PERMIT FOR A DETENTION POND ON THE FOLLOWING PROPERTY, BEING1 ACRE, BEING PART OF TRACT 29, H. T. & B. R.R. COMPANY SURVEY, A-304, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO.104) (WOOTEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD-(S)) AT THE REQUEST OF CHAD MOSS OF PROPERTY COMMERCE DEVELOPMENT COMPANY, AGENT FOR WINNIFRED WOOTEN, 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, Chad Moss of Property Commerce Development Company, Agent for Winnifred Wooten, Owner, filed on February 12, 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 11th 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; WHEREAS, on the 12th 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, Chad Moss of Property Commerce Development Company, Agent for Winnifred Wooten, Owner, whereby the Commission recommended and approved a 1 ORDINANCE NO. 509-576 change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Suburban Development District - Specific Use (SD(S)); 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 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 Chad Moss of Property Commerce Development Company, Agent for Winnifred Wooten, 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: 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 Suburban Development District - Specific Use Permit (SD(S)); such property being more particularly described as: 1 acre, being part of Tract 29, H. T. & B. R.R. Company Survey, A-304, Brazoria County, Texas (Wooten 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 2 ORDINANCE NO. 509-576 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. 509-576 PASSED, APPROVED, and ADOPTED on First Reading this 25 day of March 2002. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this s day of April , 2002. TOM REID MAYOR ATTEST: UNG Y SERETA"Y APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 1 CITY O1' PEARLAND • ' .. ZONE CHANGE APPLICATION , ,.' revised 10/20/01. _ Change in Zoning Classification from: to: Change in Regulations in Section #: x Specific Use for: ' •, . ,d Property address: See Attached Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Current use of land: Vacant Land . Proposed use of land: Detention Pond . Record owner's name: Winnifred Wooten Owner's mailing address: P.O. Box 1682, Pearland, Texas 77588 - 1682 Owner's telephone number: Agent's name: Chad Moss, Property Commerce ›eve- .Dpl-r-te.4 6 i,,,�, Agent's mailing address: 7676 Woodway, Suite 280, Houston, TX 77063 713-860-0607 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 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 f . uses on properties in my vicinity. ,JrJ ,P Owner's signature Agent's signature: �o Fees paid: $ ai s. Date paid: —1 Da Received by: .Jq*,Z) Application number ' . i oy Fil2niii11111100kam .. is *'�� II ., ,,'llilllt!fA*;IMi/11///rM .. niiiiimiiir Oft �i111 1 Miran L`fii Mtn �� MUM wormpro 44111111111. ounianim Specific Use Application No. 104 Winnifred Wooten Chad Moss © Property Commerce Dev. Co. Wooten Road (SD-SD(S)) amiumins 111111 immummirmtwar t1r1'lFIRPR #���1�4�►__ i%11111111111111111111 W E Specific Use Application No. 104 Winnifred Wooten Chad Moss @ Property Commerce Dev. Co. Wooten Road (SD-SD(S)) N s 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, as1ollows: No 1 Date -20 20 _ C 2- No. Date 20 No. Date 20 No Date 20 No. Date 20 subscribe and sworn to before me this 'O hZ g-0/0„...._ President day of j. f r1�'a 1 AUrii{ ri , i • , k,,ti,j �Laura Ann Emmons Publisher \\.J'. Nct.'ry Pubj!c, tEte O: !�::c:$ t-y , commizzion E,cG res g 3-02 c� Notary Public, State of Texas `firs .sy Specific Use Permit No. 104 Published Feb. 20 & Feb. 27, 2002 NOTICE OFA JOINT PUBUC *RING OF THE CITY COUNCIL AND THE PLANNINOANDZONING COMMISSION.=QF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the filth 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 Jan_ Public') ' a fie ChamEfaii, Liberty� .Peat Texas, 9f the revue Chad , ,oss ,ot Prp Commerce Devretopr Company, a'gef for Win Wooten, own r for ; Sp Use Permit fors pond on the ; IIQw hg described property, to wlt 1 acre being part of Tract29, H.T. & B. R R. Co. Survey,'; A-304, Btazorre'Go _TX (Wooten Road) At said hearing all interested parties shall have the right and opportunity to appear and. be heard on the subject. - IsI Mona Ann Phipps Development Coordinator SPECIFIC USE PERMIT APP AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties , Randy Emmons, hereby certify that the notice hereby appended was published n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general ;irculation in Brazoria, Harris & Galveston Counties, for 1 issues, esfollows: No / Date -1177 20 D 2. No. Date 20 No. Date 20 No. Date 20 No. Date 20 subscribe and sworn to before me this 0 61-- 1Notary ^w.,. = " COmti IISI0r7 E.(G.%es9� 9-a2 { 4 g)-0/o.,_ President day of Or -- Laura Ann Emmons, Publisher Notary Public, State of Texas Specific Use Permit No. 104 Published Feb, 20 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 filth day of March, 2002, at 6:30 p.m., the City Council, and the Planning a r Zoningi Commission of theitpt, Pearland'Brazoria;l ts and Fort Bend Count Texas, will conduct a Joint Public Hearing"inthe "Comet chambers..city"Halt, ;dig (iberty. D e, ,P_e nd Texas, on t f eg tt` o rt) .men nPany, Agent w Wooten,:owner for `a SpeciUi Use Permit for a-detentioi pond on the followint described property, to wit: acre being part off, H.T. & B. R. R. Co. Survey, A•304 Brazoria Co., TX {Wooten Road) At said hearing ali interested parties shall have the right and opportunity "to appearand be heard on the subject. is/ Mena Ann Phipps Development Coordinator March 12, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE APPLICATION NO. 104 Request of Chad Moss of Property Commerce Development Company, agent for Winnifred Wooten, owner for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to Suburban Development District -Specific Use (SD(S)) for a detention pond on the following described property, to wit: 1 acre, being part of Tract 29, H. T. & B. R.R. Co. survey, A-304, Brazoria Co., TX (Wooten Road) 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. Commissioner McDonald made a motion to table the Specific Use Application No. 104 until the developer and the owner of the land settle any disputes with the tenants. Commissioner Sederdahl seconded the motion. Motion to table failed 1 to 5. Voting Record: "Aye" — Commissioner Selemon. "No" — Chairman Viktorin, Vice -Chairman Donald Glenn, Commissioner's Iocco, McDonald, and Sederdahl. Commissioner Iocco made a motion to forward Specific Use Application No. 104 to City Council for approval with a second made by Commissioner Sederdahl. Commissioner Iocco stated that in the first chapter of the ordinance it states that the Commission is to look out for the safety and morals of the citizens. Mr. Iocco stated that he would like to make a motion to table the motion for approval until they receive written notification from the owner, Mrs. Wooten, stating that something has been worked out. Commissioner Selemon seconded the motion. Motion to table the motion for approval failed 3 to 3. Voting Record: "Aye" — Commissioner's Iocco, McDonald, and Selemon. "No " — Chairman Viktorin, Vice -Chairman Glenn, and Commissioner. Page 1 of 2 Chairman Viktorin called for a vote on the original motion for approval. Motion to approve passed 4 to 2. Voting Record: "Aye" — Chairman Viktorin, Vice -Chairman Glenn, Commissioner's Iocco and Sederdahl. "No" — Commissioner's McDonald and Selemon. This is submitted for your consideration. S'ncerel v KtilYM,(1*(ir H. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg Page 2 of 2