Ord. 509-303 04-26-99 ORDINANCE NO. 509-303
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 AN 18.00 ACRE TRACT OUT OF 136.955
ACRES, AKA DISSEN TRACT, RECORDED IN VOLUME 505, PAGE 86,
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 753)
(NORTHEAST CORNER OF FM 518 & PEARLAND PARKWAY) FROM THE
CLASSIFICATION OF SINGLE FAMILY DWELLING DISTRICT (R-3) &
GENERAL BUSINESS DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT
THE REQUEST OF ML PARTNERSHIP, 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, ML Partnership, owners, filed on February 18, 1999, 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 12th day of April, 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 19th day of April, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by ML Partnership, owners, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Single Family Dwelling District (R-3) & General Business District
(GB) to Commercial 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 April 26, 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 ML Partnership, owners, 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 Single Family Dwelling District (R-3) & General
Business (GB) is hereby for all purposes changed and reclassified as Commercial District
(C); such property being more particularly described as:
Being an 18.00 acre Tract out of 136.955 acres, aka Dissen Tract, recorded in
Volume 505, page 86, Deed Records of Brazoria County, Texas ( Northeast
corner of FM 518 & Pearland Parkway)
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 herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-303
PASSED, APPROVED, and ADOPTED on First Reading this
TOM REID
MAYOR
day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
TOM REID
MAYOR
,/0'fhday
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CIIY OF PE~RL~ND ID:7I~-485-8764
--., CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 315/96
-,,,..
FEB 17'99 10:05 No.O01P.02
__ Change in Regulations in Section #:
__ Specific Use for:.
Property address:
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property Only; attach survey)
Proposed use of land within requested designation:
Record owners name: /'~/-- /c-~-,r T'Cr~ -¢-r_r/~ r/
_ .Agent's name: ~4 ', L ~ ~
Agent's mailing address:
Agent's telephone number;
PETITION: AS owner/agent, I hereby petition the City for approval of the above described request as
provided by tho 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
·. e an s on properties in my vicinity.
, .. Agenrs signature: "
ZONE MF
k
ZONE R-3
ZONE R-2
ZONE GB
' 8.000 ACR:'S
ZONE R--3
ZONE GB
ZONE G:B
ZONE GB
ZONE GB
ZONE R--2
ZONE R-4-
ZONE C
R-2
R-3
R-4-
MF
GB
C
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MULTI - FAMILY DWELLING DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
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
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. Date 19
No. Date 19
No. Date 19
No. .Date 19
(~ n',-~'
President
Subscribe and sworn to before me this
19 G~
day of
as
'!eta ~o , sher
Ida D T~P~~~:I ~~ ~ If
~COUNCL'AN '. ~:. :i ~::~i FM 51~ & Pearland
MISSION OF ,THE~"C~ OF :'~, "~:, ~:~: :~:~ j":
~6~hp.m~ me Ci~ ~ou c: ,'.. heard on the subject.
and the Planning and Zoning '~ ~, ....~
Commission of the City of ~:'
Pearland, Bmzoda and Ha~s.'~.~
Counties, Te~s, will condin ~'
"a Jo nt:P~blic H.dng in The :~ ......
Council Chambeffi', Ci~ :Hall,:
~5t9 ;Libe~O~e, :Pearland,; ~
: ;~exas7 0n 'the~ request of
~obed Lewis, agent for ML
.., ;~ ',
.~nd.':-Urban:, DeVelopment
Ordin~nce','of~sald'CiW from
~lasSificatlon Single 'Family
iwelling:~:District (R-3) to:
,eneral Business Dist~iC~
~B)" on the
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 and Harris Counties, for / issues, as follows:
No. Date 19
No. Date 19
No. Date 19
No. Date 19
~President
Subscribe and sworn to before me this
19 ~
day of~
LIC HEARING OF THE CrrY
COUNCIL AN D.~:THE; I~L~N~.,
Notice is hereby given that on.
the 29th day of March, .1999,
at 6:30 p.m., the City Council
and the Planning and Zoning
Commission of the City of
PePfiend, Brazoda and Haffis
Counties, Texas, will conduct
a Joint Public. Headng in the
CoUncil Chambers City: Hall,:.
3519 Liberty'Drive, Pearland, .
Texas~,::onG:tha:~:r~equest
B0beft :i~wis; iageni.~fo~. MI~
partnership, owner, for an
lmendment to the Land Use
and Urban. D.evelopment
Ordinance .oi said City from
Classification..Slngle Family
~welling District (R-3) to
'jeneret Business
~... · ...
~n ~ract, r~brd~d in v~.
r ~f
,05: pg. 8~: :Deed RecOrds o
Jrazoria Co., TX (N~: cdi'ner
EN: 518 ~.& Peadand
~ffi&~ ~all have the right '
"' ~ dp~un~y to appear and
~='~d' On" {~ subject.
AFFIDAVIT OF"' PUBLICATION'
The Pearland Reporter N, ews
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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 and Harris Counties, for/ issues, as follows:
No. / Date 3~ ~ c/f 19 fi ~
No.
No,
No.
No.
Date
Date
Date
Date
19
19
19
19
~~(~preside~'~~?~
Subscribe and sworn to before me this
19 ~
day of'''~~(--A
" URA ~
· ~.ry.~u. blic, State of Texaa
her
Notary Public, State of Texas
. .
•4iltril rill I'N ffrat'
3 A. • ,
UC HEARING OF
OtiN.oicANO::THE:RIAN----
I NO ANO40.NING:ditim :-,:
ISSION OF THECITY Or,
'0EARLAND,TEXAS .
Notice is hereby given that on
rd,le 12th day of April,1999,at
gel3O p.m.,the City Council
or,F1 the Planning and Zoning
Commission of the City of
tFliarland,Braioria and Harris
-COunties,Texas,will conduct ,
joint Public Hearing in the,'
tncil Chambers,CityrHalL
i9-119 Liberty Drive,Pearland,
Tras, on the'requett-of •
RbertLewls, ogian(fOr•ML
Pa nershipr,T•owper;-for an
ndrnent-16...the iind.Use
ltrbarf-'•1)evelOPOlebt
.inance pf said City
.0isftiot(P173)ilo
ineralal-PIStrictiC)On
,
;11oWitg describedProp-
' • , .
•
--"pfi,'0.60:aetiketsput'
,
6955 acres, aka
" -TOci„rpr*ctecit.v.. ol..
a C'Prii
4f: tit,l'A'Ffetiii)anik
Pa
),
-04d hearing eli,inteittited
parties shall have the right
-.opportunity to appear and
'heard on the subject.
dung Lorfing
ItitY pecretary,
14CA1IO1 NO13:73 -;-;)
•