Ord. 509-304 04-26-99ORDINANCE NO. 509-304
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 4.9678 ACRES, THE SOUTH 1/2 OF 9.9319 ACRES,
LOOT 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 559) (14535 MAX ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF LOYE W. &
MARY S. YOUNG, 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, Loye W. & Mary S. Young, owners, filed on September 25, 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 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 Loye W. & Mary S. Young, 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 Loye W. & Mary S. Young, 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 District (GB); such property
being more particularly described as:
Being 4.9678 acres, the South 1/2 of 9.9319 acres, Lot 29, Allison Richey Gulf
Coast Home Co. Subdivision, Section 9, H.T. & B.R.R. Co. Survey, A-234, plat
records of Brazoria County, Texas (14535 Max 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 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. 509-304
PASSED, APPROVED, and ADOPTED on First Reading this c2r~/~'t'h day of
ATTEST:
TOM REID
MAYOR
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10~q day
r'~tr)k_,V ,1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
/'Change in Zoning Classification from:
Change in Regulations in Section #:
Specific. Use for: * ~rx, o ~ ~
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner'-,. telephone number:
Agent's name: ~ [
Agent's mailing address:
Agent's telephone number: V'X, ~ ~
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 bc incompatible with current and future uses on properties in my vicinity.
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~(--A
URA A~
law ~blic, State of Texa8
Corn saon · 9
m~,~ her
NotaW Public, State of Texas
ND.-'ZONtNGCOM,
~ ~SlONOF~T~E;:~C~Op
.~ ~::,: ~ ,.,:,~
:':~ommission.of~{he Cify of
..'hadand, Bmzoda and Haffis
,.~unties, Texas, will ~n~ct
~a Joint Public Hearing in the
· ~uncil Chainbern, Ci~ Hall,
. ~19 U~ Ddve, Pearland,
; ~e~s, on the ~u~ of Loye
:. ~. & Ma~ S Young, owner,
'~'~r a Specific Use Petit on
<~ 9.9319 acres, Lot 29
;[ison~Richey:~GUt~.C~t ~
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 ~5
No. Date 19
No. Date 19
No. Date 19
No. Date 19
%presid~entntntntn~
Subscribe and sworn to before me this
19 ~
day of
"' otary,~bliC, State of Texas
Nota~ Public, State of Texas
':' P ~RLAND, TEXAs.
· I )tics is hereby given thai on
12th day of 'April, 1999, at
;! ;30 p~m., the City Council
'~Bnd the 'Planning and Zoning
.."~ommissio'n of the City of
i. Pearland, Brazoria and Hards
J~ounties, Texas, will conduct
~' Joint Public Hearing in the
i'.¢ouncil Chambers, City Hall,
8519 Liberty Drive, Pearland,
~exas, on thrte~luest of Loye
& r. Aa,y s. ow.er
~.~ r~l SBecific Use Permit<oni
· '.For 9.9319 ac're'~!..:.l~ot.:!:2~./
· ,~:~llison-Richf~l~ 'Gulf"CobS'~.
:....~i
i, , plat records ofBrazO~ia
~uested to ~nstmct a msi-
;dence in a General Business
?~i?t.ct zone. At.~i~headng
interested parties shall
ffave the dght and ~uni~
to a~ear and ~ hea~ on ~e
19 April 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Applications No. 559 & Specific Use Application No. 68
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, April 12, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban Development (SD)
to General Business District (GB) with a Specific Use (S) on the following properties, to wit:
Application No. 559 & Specific Use No. 68
Owner:
Legal:
Loye W. & Mary S. Young
P.O. Box 2176
Pearland, TX 77588
Being 4.9678 acres, the S. 1/2 of 9.9319 acres, Lot 29, Allison
Richey Gulf Coast Home Co. subdivision, sect. 9, HT& B RR Co.
survey, A-234, plat records of Brazoria Co., TX (14535 Max Rd.)
The motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil Beltz
to approve the application listed above including the granting of specific use permit no. 68.
The motion to approve passed unanimously (5-0).
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,
Planning & Zoning Commission
City of Pearland
46
47
48
ZONE SD
29
ZONE SD
ZONE GB RESERVE
5O
__ RESERVE 'A'
N
ZONE SD
BROADWAY
SD
GB
C
S
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
SPECIFIC USE PERMIT
I
City of Padend, Texas
LOYE&MARYYOUNQ
zo%o~~-
I 8D .T..O.e_~;'~