Ord. 509-183 02-09-98ORDINANCE NO. 509-183
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 BEING 0.89532 ACRES OUT OF 4.846 ACRES, CALLED THE
EAST ONE-HALF OF THE WEST ONE-HALF OF LOTS 63 & 64, SECTION 9,
H.T.&B.R.R. CO. SURVEY, A-234, AS RECORDED IN VOL. 2, PC. 24, OF THE
DEED RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 241) (7029
BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JAMES MALLETT,
AGENT, FOR MELVIN DILLING, 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 Mallett, agent, for Melvin Dilling, owner, filed on November 6, 1997,
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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 26th day of January, 1998, 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 27th day of January, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by James Mallett, agent, for Melvin Dilling, 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 (GB); 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 February 9, 1998, 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 Mallett, agent, for Melvin Dilling, owner, facts were 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 Suburban Development District (SD) is
hereby for all purposes changed and reclassified as General Business (GB); such property
being more particularly described as:
Being 0.89532 acres out of 4.846 acres, called the east one-half of the west
one-half of Lots 63 & 64, section 9, H.T.&B.R.R. Co. Survey, A-234, as recorded
in Vol. 2, pg. 24, of the deed records of Brazoria Co., TX (7029 Broadway).
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.
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second. and
final reading.
3
ORDINANCE NO. 509~183
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
February ,1998.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of Februarv , 1998.
A'I'FEST:
TOM REID
MAYOR
CITY ATTORNEY
23rd day
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Change in Zoning Classification from: SaiedhatgAirok tO:
Change in Regulations in Section#:
Specific Use for:
_. - ...,•-i
Property address: i.4. ♦- a''- / /
Lot: Block: Subdivision:
Metes & Bounds Description: 1
(unplatted property only; attach survey) „ i
Tax l.D. number:
Proposed use of land within requested designation:
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if
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i1 Record owner's name. /04%,„, 0,,..
1. Owner's mailing address:
Owner's telephone number:
•
Agent'` Hanle: // _______1a
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Agent's mailing address: I
1 � - s
Agent's telephone number:
i
• l'C'fITION: As owner/agent, I hereby petition the City for approval of the above described request a•
provided by the. laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use 1
Permit request to allow a residential use in a business zone (OP, NS '
' way be. incomp:teible with current and future uses on properies in my vicinity.acknowledge iJ t such use
r
Owner'� 11LII�IIIIfC: /
/ Agent's �./
fi signature;. ��/
Fees Maid: S 5 0. ' - -- =,1/i i/ i,
k«s� f ,y• � � # Date paid: ,: :>�w11 / 6,-C 7 ,y
-- = — Cl �GG L�f: - ' r,a,.. n iht t :awn.:, -•; ,_ , - . I
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31 63
h rti:,
ZONE GB •
200'
(TYP.) • 39,000 SQ. FT. 0
ICITY LIMIT LINE
32 64 L.
0
ZONE GB ZONE SD
200'
(TYP.) •
BROADWAY
ZONE GB
O� CON ZONE R-1 p ZONE SD
• (S)
ti
r— a_
LL_ b_
ZONE R—1 APPLICATION NO.241
ZONE GB ZONE R-1 ZONE R-1
Cfty of Peartand,Texas
MELVIN DIWNG
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT ZONE ROM GE
SD SUBURBAN DISTRICT - SD TO GB
GB GENERAL BUSINESS DISTRICT �cec.. 1997'. «¢.;•-200, SHEET
- - . D.n 7•J.E.B. GILD nlE:
- . - ' a+kd Br0. SMITH 97-1078 0r 1
- - 26 L. G. Ullnitt , . . J /V I 11.L.
N. 20.0 Arburckle Q 999/423 J_wann y DUBL/N
44 Pat J. Lyons 693/381 a
cr
-1--omen A1nrl.1 1 r: 411 /378 j 1
1267 702 iO.0 — - =- I 123.31 As
CSrlen W. O'DaY �.
J.F. Anthony 27 J.D. Smith �� 850/635 Q
667/335 John C. Crowder =
45 C. L. Anderson 1762/889 10.0 I
R�,ss i �_ 60 1 J Guy F. 42 I K.
J . Q. 64-261 8 Wm. R. Morgan Brazoria
11 S Fabricating Allen LAUR/E I a3
46 � H�iddleston, Inc. 1289/922 634/ •• 751 ,R
u: 9.92 B r I l y C. Long •
�3 Rbt.
E .- B -'I U S 29 61 J.A. Prebi Is 20 L.A. Duc L
- o W.R. Pietsch Sawyer
Louis E. Lentz 730/227 I 111111
N N 47 874/417 1143/214 _ — - •• ' ' ' . . 44 -
GARDENIA ••OR (
r` 00 '.'.D. Weir �21 porl 782
r Hurst Barbee 21�'0 32 1304/3 Ferrel
N ': - m� .
``- U 636/38 12 280 10.0 2
48 J.F. Hegwood 45 Jm (`�Q(` °N°p G 11
31 o Francis E.P. Crow Jr a Q�? Q.
49 °' U °' Powell 438/573 10.0 Nation m o
�- ri, a) z3 0 . 6 8 E o
�c noo a� 145/343 Bi I I E. Holtey 23 I z
ao x
'`'� o0 32 717/183 J.Blumentha (7)i 1- allip
® a�n 8 6 2 2C 2B 2A W. BROADWAY 3A
n 1a53 A3 3A,�L 1 7 ' * I _
CD CJ V Ilil d� I-
�r �c o J State Savings IL____
P Ed. R: 9 10 D m and Loan,Lubboc
Y
N of �c?'� cCO Spradley `L a coo 67-537 54.92 r
N 1 -:V � -`V � 12 86/3 w Q •c A, - v
N � _ 12.0 12 ll Q )—:
1 N I 3_ YoU Q `ir_
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3D • L3 • Q3 14 u_ �
'-1 M. R. RogPs, Jr. �c
- c Q 1 1697i683 16.61
cc . __ i7.) .r--
pj Jon G• Hawk 19 1178i6 15 R
CO
T1 . 1294/887 — 2 g R . Pearland ISD
H M
• CO - 9.389 — Co w
0, a M coM Ro L o W 1465,941 12.12 _
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j >, � . c � • ��2m O
., e 7 Alfred C. I co m rli m oc m cc • [ ----� - _
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 and Harris Counties, for f issues, as follows:
No. I Date f ` � 19 1g
No. Date 19
No. Date 19
No. Date 19
No. Date 19
aczce./nCe,i-rnin-1-;/(ar
Editor
Subscribe and sworn to before me this Z day of F
19
4104a-
,i, i1
Noldiygt.iiilid, Sta a flfzTexa
Laura Ann Emmons, Publisher
W.Te273.4:WWWf•X''A',W•
tp.44,tWj i,r: •
"F A JOINT PUB-•
CRY
- COUN
-• NING AND ZONING
. MISSION OF THE
PEARLAND, i •'
Notketi.- • glien.thriton
the 4:-• gay.of JanuarYj
1998, ;:30 the:City;
Council ing and.
Zoning)Oornmiss;•• he!
City-of Peirland,Braioria,) '
•
Harris Counties,Texas,
conduct , Joint
earing
• Cha.,,.0x71,: - 1-19
Te on the request of Mr:
JEiMer ett,,agerit;lor Mr.,
MelvirfDi - for an:
amendment.to se:
and..Urban Develop
Ordinance of said C.,.—.
Classifidatfon ;
Ge 00.• SS'District;
r. the follOwingl •
-
4;646,iiCres,ôalléd the...e, •
one-helf of the westone-h, ,
of Lots q3&64, ;•
&B13F1
pg.24,of
. .
records of Brazoria
(7029 Broadway) ;
• .
At sai interested,
parties have• . and;
_
opportunity to :•4 ' be;
heard on th • .
IS/V. t.rfing
City ,. ;•-iy
Zoning AprilNo.241
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 and Harris Counties, for / issues, as follows:
No. 1 Date / " 1 / 19 �8
No. Date 19
No. Date 19
No. Date 19
No. Date 19
, Ctevilnryut.i.
/ Editor
Subscribe and sworn to before me this 2-- day of /Z.
19 q)?
-
N € rat R,U ili: State:;of:Te*a
Laura Ann Emmons, Publisher
NOTICE OF A JOINT PUB-
,. •••E cny
• - •LAN-
NING AND Z• • OM-
MISSIO• ,.` •OF
p
N. •• •• •,•ton
the - • " Y. 1
, 19913,at 6:30 p.m."-. • Y
rCouncafldth: . and
Zoning C. •- ion of the
Cit) Fr . and,Brazoria and
H. • Counties,Texas,will
co ct, a Joint__Public
,Hea
-Chambers,City Ha ,
• Liberty Drive, d,
Texas,-on • . est of Mr.
Jame- -lett,agentior Mr.
Me oilling,owner,for an
r amen.' • • •. Use
an. ba. - .pment
P said City from
Classification ,Suburban
- •- :lo.mentPistrict(SD)to
Ge • • - •:ss_District
(GB) • t • following
described ,to wit:
- '
Being I. • of
4.946 acres,-called -ast
• one-hall.of the w•' -half
-of Lots13,3&.• 9,HT i
&B R rvey,-A-234,as
in Vol.2,pg 24,of
• 'rid
- e
At said • " ed
pa right and
o•ftr•-"';to appear and be
hea-
• -
/s/Young Lorfl ,••••,
City Secre
Zoning,:tkr.!"Aicin No.241
O
• �� 9
u •,[ ,,",Fa,w ,Q z a
PEARLAND
a%
January 27, 1998 I
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 241.
Request of Mr. James MalIett,agent, for Mr. Melvin Dilling, owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Suburban
Development District (SD) to General Business (GB) on the following described property, to
wit:
Being 0.89532 acres out of 4.846 acres, called the east one-half of the west one-half of Lots
63 &64, section 9, HT& B RR Co. Survey, A-234, as recorded in Vol. 2, pg. 24, of the deed
records of Brazoria Co., TX (7029 Broadway).
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on January 26, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Vice Chair Emil Beltz, and seconded by Commissioner Mary Starr to approve
Application No. 241.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
ff
at Lopez, Ch rrman
Planning & Zoning Commission
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 •_www.ci.pearland.tx.us