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Ord. 509-586 05-20-02 FailedFAILED 5/20/02 ORDINANCE NO. 509-586 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 THE NORTH 5 ACRES OF TRACT 21, ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS, SECTION 8, H.T. & B.R.R. COMPANY SURVEY, A-504, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 22-24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1038) (2533 & 2537 ROY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF MIKE HOLLMAN OF COLDWELL BANKER UNITED, AGENT FOR HOLLIS AND LINDA BARDWELL, OWNERS, 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, Mike Holtman of Coldwell Banker United, agent for Hollis and Linda Bardwell, Owners, filed on April 15, 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 13`h of May , 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. 509-586 WHEREAS, on the 14th day of May, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Mike Holtman of Coldwell Banker United, agent for Hollis and Linda Bardwell, Owners, whereby the Commission recommended and denied 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 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 May 20, 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 Mike Holtman of Coldwell Banker United, agent for Hollis and Linda Bardwell, Owners, 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: 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) is hereby for all purposes changed and reclassified as Commercial District (C), such property being more particularly described as: 2 ORDINANCE NO. 509-586 The North 5 acres of Tract 21, Allison Richey Gulf Coast Home Company Suburban Gardens, Section 8, H.T. & B.R.R. Company Survey, A-504, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 22-24, plat records of Brazoria County, Texas (2533 & 2537 Roy 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. 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 3 ORDINANCE NO. 509-586 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. PASSED, APPROVED, and ADOPTED on First Reading this day of , 2002. ATTEST: YOUNG LORFING CITY SECRETARY 4 TOM REID MAYOR ORDINANCE NO. 509-586 PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2002. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 TOM REID MAYOR CITY OF PEARLAND ZONE CHANGE APPLICATION revised 10/20/01 Change in Zoning Classification from: S14 b Tete /O pe he11 f to: ammep /O d l Change in Regulations in Section #: Specific Use for: * .� Property address: �,��_� }�- a 5,� � /�©t/ Pegx'4,9c/��-���--- Lot: 02 � /gel - Block: Subdivision: /% Metes & Bounds Description: (unplatted property only; attach survey Tax I.D. number: 4,19- 9 - /4/l ' Current use of land: ,410 f N Proposed use of land: Nan z° 1-6 inch necJa'e// Record owner's name: Owner's mailing address: is 9 We 70 y 'Reil Owner's telephone number: r,/ / - /� " S 9 Agent's name: 7/ _'LDS- a/ / %/A/z//ioA1 4/6/zve.//,-7/5;/4 a/74-er/ Agent's mailing address: '7/ % Agent's telephone number: a2 7/ - 4I 4/ '/1. 3 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), 1 acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. 1 Owner's signature: Agent's signature: E11416JiPs64a J- 111111111111 MITTOMITI Wirj111111111111 MOM WM. ,Tiri Aromok .402•1111 NMI mum aim a nal Mad ••• Zone Change Application No. 1038 Hollis & Linda Bardwell Mike Holtman of Coldwell Banker United 2533 & 2537 Roy Road (SD-C) W 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, as follows: No. Date - 4{---2y 20 01-- No. Date - 20 _ No. Date 20 • No. Date 20 No. Date 20 Subscribe and sworn to before me this �s day of qx-f-j 20 0�-- N�.. l « = Notary Public Statefigtudil—:i r f ca • Commission Expires 9-9-02 I nn Emmons, Publisher Public, State cf Texas Application No.1038 Published April 24 & May 1, 2002 NOTICE OF AAPO PUBLIC HEARING OF THE CITY COOL. AND THE PLANNING 'AND ZONING COMMISSION OF THE CITY OF P,TEXA6 Notes Is heisOlin that on the 13th day:. of May, 2002, at 6:3f1 p mthe City Council and --Planning and ZoningCommission of the City of Peadand, Brazoria, Harris, and 'Fort Bend Counties, Texas; _ will con- duct a joint public hearing in the. Council Chambers,; of City Hall, 3519 Liberty Drive, Pearland, Texas, ` on the request of Mike Holtman of Coldwell Banker;, United, agent for Hollis and Linda Bardwell, owner, for an amendment to the Land Use and Urban .Development Ordinance of said City from Classification "`Suburban Development District (SD) to Commercial 'District (C) on the following described propertyttQ..wit The North 5 acres of Tract 21, Allison Richey Qulf Coast Nome ColSuburban Gardens, Section 8, H T & B. R. R. Co. Survey, Brazoria Co., TX, according 30 the map or plat thereof recorded in Volume 2, Page 22-24, plat records of Brazoria Co., TX (2533 and 2537 Roy Road) `At said hearing all interested pa eve the right and €_ .-to appear and be n the subject. /s/ Mona Ann Phipps Development Cogrdinator: APPLICATION P4 .1038 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas 3razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for 7 issues, stsfollows: No / Date S /- - = 20 d= No. Date - 20 - No. Date 20 No. Date 20 No. Date 20 ubscribe and sworn to before me this day of #'t '`:�!"j i:vtUi\v iI.s 7 .%f :Netary F ibi°c St- ` �4 .' Commission Exp res 9-9-02 Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Application No. 1038 Published April-24 &May-1, 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 13th day of May, 2002, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, Brazoria, Harris, and Fort Bend Counties,, Texas, will con- duct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Mike Holtman of Coldwell Banker United, agent for Hollis and Linda Bardwell, owner, for an, amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban 1_ Development District (SD) to Commercial District (C) on the following described property, to wit: The North 5 acres of Tract i 21, Allison Richey Gulf r Coast Home Co. Suburban Gardens, Section 8, H. T. & B. R. R. Co. Survey, A-504, Brazoria Co., TX, according to the map or plat thereof recorded in Volume 2, Page 22-24, plat records of Brazoria Co., TX (2533 and 2537 Roy Road) At said hearing all interested parties shall have the right and opportunity to appear i and be heard on the subject. /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1038 3