Ord. 509-312 09-27-99 ORDINANCE NO. 509-312
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 TRACT 1: THE EAST % OF LOT 64 &TRACT
2: THE EAST % OF LOT 63, SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234,
RECORDED IN VOLUME 13, PAGE 615 DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 642) (14610 ROY ROAD) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF FRANCES POWELL
ADAMS, 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, Frances Powell Adams, owner,filed on November 16, 1998,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 8th day of March, 1999, 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 29th day of March, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Frances Powell Adams, 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 Commercial
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District (C); 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 June 14, 1999, 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 Frances Powell Adams, 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:
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:
Being Tract 1: The East'/of Lot 64 &Tract 2: The East'/ of Lot 63, Section 9,
H.T. & B.R.R. Co Survey, A-234, recorded in Volume 13, page 615, Deed
Records of Brazoria County,Texas (14610 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.
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Ill.
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.
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ORDINANCE NO. 509-312
PASSED, APPROVED, and ADOPTED on First Reading this 1 J-h day of
90.pri-ern be7( , 1999.
c
TOM REID
MAYOR
ATTEST:
/ / 4•I,vi'
BUNG L� 'r�1
SEETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this a-1+hday
of c e,r} 1\D , 1999.
TOM REID
MAYOR
ATTEST:
` • NG " G /
S-s �1'ETARY
APPROVED AS TO FORM:
Je\iCtlIA;,-.-A()f\ 090- 4-
DARRIN M. COKER
CITY ATTORNEY
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Change in Zoning Classification from: 5 0 to:
Change in Regulations in Section #:
Specific Use for: *
Property address: 2614 (14610) ROY ROAD PEARLAND, TX 77581
1j Lot: 63 _ Block: Section 9 Subdivision: A0234 HT & B RR SURVEY (5 acres)
I Metes & Bounds Description:
(unplatted property only; attach survey) SEE DEED ATTACHED
Tax I.D. number: BCAD # 0234 0072 000
Proposed use of land within requested designation: ,
Record owner's name: FRANCES POWELL ADAMS
Owner's mailing address: P. 0. BOX 956 PEARLAND, TX 77588-0956
Owner's telephone n tuber: 281 - 485-3286 (OFFICE)
Agent's name: JOANNE PARISHER
Agent's mailing address: P• 0. BOX 2383 PEARLAND, TX 77588-2383
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Agent's telephone number: 281 - 485-3286 (OFFICE)
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 1p ./ u-t� ezot„),,wLAgcnt's signature: t~e/ /
Ices paid: $ Date paid: /_
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City of Pearland.Texas
FRANCES POWELL ADAMS
ZONE CHANGE
SD SUBURBAN DISTRICT FROM
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT SD TO C
GB GENERAL BUSINESS DISTRICT App.Na.:642 xolr. SHEET
JAN., 1999 aRz:1'-300 1
C COMMERCIAL DISTRICT Own a,:J.E.B. r„o FILE:
Chkd Or D. SMITH 99-8041 OF 1
ORDINANCE NO
509-312
2 June 1999 .
Mayor& City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 642
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday,March 29, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban Development (SD)
to Commercial District (C) on the following properties, to wit:
Application No. 642
Owner: Frances Powell Adams
P.O. Box 956
Pearland, TX 77588
Joanne Parisher, Agent
•
Legal: Tract 1: the E 1/2 of Lot 64 & Tract 2: the E 1/2 of Lot 63, sect.9
HT&B RR Co. Survey, A-234, recorded in Vol. 13, pg. 615,
Deed Records of Brazoria Co., TX (14610 Roy Rd)
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd locco to
approve the application listed above.
The motion to approve passed with a vote of 6 to 0.
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
17d24 .4.V06--Sr.
Ma rr, Chairperson
Planning& Zoning Commission
City of Pearland
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Change in Zoning Classification from: 5 0 to: C
Change in Regulations in Section #:
•
Specific Use for: *
Property address: 2614 (14610) ROY ROAD PEARLAND, TX 77581
•
Lot: 63 Block: Section 9 Subdivision: A0234 HT & B RR SURVEY (5 acres)
Metes d- Bounds Description:
(unplatted property only; attach survey) SEE DEED ATTACHED
Tax I.D. number: BCAD # 0234 0072 000
Proposed use of land within requested designation: ,
Record owner's name: FRANCES POWELL ADAMS
Owner's mailing address: P. 0. BOX 956 PEARLAND, TX 77588-0956
Owner's telephone n tuber: 281 - 485-3286 (OFFICE)
Agent's name: JOANNE PARISHER
•
Agent's mailing address: P. 0. BOX 2383 PEARLAND, TX 77588-2383
Agent's telephone number: 281 - 485-3286 (OFFICE)
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 signature2A) ,7_24ra a0L,__7,1_____Agent's signature: ,, j
Fees paid: $ Date paid:
Received by:•v Y:
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GENE TUMLINSON, CHIEF BUILDING OFFICIAL
DATE: AUGUST 31, 1999
RE: ZONE CHANGE APPLICATION NO. 642
At the June 14, 1999 City Council meeting,Director of Planning and Community Development
Dennis Smith asked that the above mentioned item be tabled. He was to contact the owners to
see if they would agree to go General Business rather than Commercial.
Today,we contacted the property owners and they have chosen to continue with the original
request to change to Commercial. Therefore,we are presenting this item for your consideration.