Ord. 509-302 04-26-99 ORDINANCE NO. 509-302
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 11.7401 ACRE TRACT OUT OF LOTS 49
& 50, ALlSON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION
85, H.T. & B.R.R. CO SURVEY, A-304, PLAT RECORDS OF BRAZORIA
COUNTY, TX (APPLICATION NO. 695) (CORNER OF FM 518 & CR 93)
FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
HANNOVER ESTATES, LTD., 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, Hannover Estates, Ltd., owners, filed on January 20, 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 Hannover Estates, Ltd., owners, 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
District (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 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 Hannover Estates, Ltd., 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 Suburban Development District (SD) is hereby
for all purposes changed and reclassified as General Business District (GB); such property
being more particularly described as:
Being an 11.7401 acre Tract out of Lots 49 & 50, Allison Richey Gulf Coast
Home Co. Subdivision, Section 85, H.T. & B.R.R. Co. Survey, A-304, plat
records of Brazoria County, Texas (Corner of FM 518 & CR 93)
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.
ORDINANCE NO. 509-302
PASSED, APPROVED, and ADOPTED on First Reading this
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
TOM REID
MAYOR
ATTEST:
V/Z~~'' ~~)-~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
day of
/O'f"%ay
CITY OF PERRLRND ID:713-485-8764 $EP 30'98 9:04 No.005 P.02
{'..~. !.~ ',".;~i,!~!~: .': ~ i'::'.. ~' :; .:,i ~j.:'~;!' :";:7 ~e'-."'~,~"F:¢ :6 i :'ia"' 'F.i '::d7 :~ ""." "r~' ':',. !:;':"i, i'i '!i~. ~,~"~~t~.~:~ ~.~'.e.~:~:~..~,;~ ,7!:.-'..:
.
x Clmnge in Zoning Classification from: SD Io: C
Change in Regulatiotts in Section #:
Specific Use for: *
Property address: FM518 & County Road ];93
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: Sunrise
Exhibit "A"
Tax I.D. number:
Proposed use of land within requested designation:
Kecord owner's Iraroe:
Hannover Estates, Ltd.
Owner's rr, ailing address:
7676 Woodway, Suite 238, Houston, Texas
/
Owner's telephone number:
(713) 784-6102
Agcllt's viame:
Ken Caffey
77063
Agent's mailing address:
7676 Woodway, Suite 238, Houston, Texas 77063
Agent's tclephone trambet: (713) 784-6102
PETITION: As owner/agent, I hereby petition the City for approval of the above described re,quest as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Pertnit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may bc i?compatible with cu,'ren! and .future uses on properties m my_vic. inity. -. ~~
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SUBURBAN DISTRICT
LOW DENSI'[Y SINGLE FAMILY DWELLING
COMMERCIAL DISTRICT
DISTRICT
C~FI..~
~" D. SMITH 99-8076 OF I
AFFIDAVIT OF"' pUBLICATION'
The Peariand Reporter N,ews
2404 South Park
PearJand, 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:
~o. / a~t~ 3-p.-'-f~9 '%5
No.
No.
No.
No.
Date
19
-~ 19
Date
Date
Date
19
19
~~J~-preside~/7'hn~c''~'n''
Subscribe and sworn to before me this
19 ~
day of'''~'~('~
~'.~ur~ ~_.,,,ar~MoNs- '
,y.~%%l~c 8t.te ~it Tex. ~ her
NotaW Public, State of Texas
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 J~' -~/ 19 ~5
No. Date 19
No. Date 19
No. Date 19
No. Date 19
%Presid~en~
Subscribe and sworn to before me this
19 ~
day of (~/b:..L
-%. ' . EMMON~ -
"' o~ary Public, State of Texas
j~rgs, "~li her
Nota~ Public, State of Texas
Mitt, to TIffir--
-"-..g.?= =••
'7Xri't.'•
.,;$EAF11.1Nti OF THE CITY
-,)COUNCiLc"AND THE PLAN-
f,HINGAND.;ONINA..C.011'
:.imitsiotiroPlot coif:00
PEARLAND,TEXAS
Riitri*!.s he!eb y given that on 1
1412:to Oli,of?kpill;_1999,-at
ed the Planning and
ommission of the City of
lieanand,BraidrOArid,Hents
kbannties,Texas,will conduct
'.'a Joint Publio:Hearing le the '
Council Chambers,City.Hall,
135 9 Liberty Drive,Peartand,
Texas,on the request'pf Ken
'Gaffey, agent_for Hanoi/sr.
_
..Eatetes.;Ltd., owner,for an
amendment to the Land Use
ae-curti-Ein Development 1
_
Ordinance of said City from
.„.
Classification Suburban
oIperciàI Districtitc1;ierr.
A,follaWing described prop-yt
,
.ing an 11.7401 acre tract
Of Lot 49&Lot-.00;:mii§eff
21chey GuffCot Home Co Co survey A 304,plat
cords of Erritoria'.;p0;t:11(
denier of FM 519.11C.R1,.,93)
t said hearing:et interested
.arties shall'haVe the right
.;:nd ppportun!ty to appegr pit('
1.:.heard on the aubjent..,:.',"-
Young Lorfing
City Secretary .
kEtitCATIONA49.tsairitt
• - • '
)` Public Ream in the
NI-Char
9:Liberty:Djrve,Peufuid,,
s,on the request of Ken
. .ffey,agent for Hannover-.
states, Ltd.,,owner, for an.
•
endment to-the Land Use
ti,d Urban Development
'0 sinance of said City from
Gi:ssification Suburban
D. elopment; (SD)r to
C,nnmercial District(C)on
,Me?following described prop-
towrt
" 6eti►g an 11.7401 acre tract
A.` : a` , "of Lot 495 Lot 50,Allison.
` •ich•ey GulfCoast Home Co.
0 I' 0 A J01 _. 1:. i ubdivision,sect. 85,HT&B'
`HEARING•OF-THE CITY Co..-survey;A-304,plat:
i" OUNCIL AND THE PLAN-• records of Brazoria Co.,TX;
ING;AND ZONING CON-,1 (Comerof FM 518&C:R;93)`'
ISSION OF THE CITY OF
t LAND,TAWS At said hearing all interested•
parties shall•have the right
hce is lierebylpiren that on` arrd opportunity to appear and
12ttt.day of April,'1999,at be heahi on the subject.
,s 30 p mathe City Council
i d the Planning and Zoning ' �n9:L0 9
•ommission-of the City of-. ilY Secretary
•
•eadand°Brazorla end HanLg
Caonlies,:Tom.vi conduct •
S ,_ '-' `` -