Ord. 509-299 04-26-99 FailedORDINANCE NO. 509-299
ORDINANCE NO. 509-299
FAI LED 4-26-99
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 LOT 2A, SHARONDALE SUBDIVISION, H.T. & B.R.R.
CO. SURVEY, A-546,' BEING APPROXIMATELY 0.533 ACRES, AS
RECORDED IN THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 589) (16230 HARKEY) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB)
AT THE REQUEST OF JOHN L. COLE, 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, John L. Cole, owner, filed on October 19, 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 5th 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 6th 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 John L. Cole, 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 April 12, 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 John L. Cole, 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 General Business (GB); such property being
more particularly described as:
Lot 2A, Sharondale Subdivision, H.T. & B.R.R. Co. survey, A-546, being
approximately 0.533 acres, as recorded in the plat records of Brazoria County,
Texas (16230 Harkey)
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.
2
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.
3
ORDINANCE NO. 509-299
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED,APPROVED, and ADOPTED on Second and Final Reading this day
of , 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
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jV Change in Zoning Classification from: 50 to: Ge •
Change in Regulations in Section //:
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Specific Use for: *. . . ._ —__, . ` • _ _
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Property address: /G z 3 O # X y�'Q .
s,V/f,poN 4416--
Lot: Z/ Block: A14 Subdivision: -
Metes & Bounds Description: 4ocV 6(HT 'o'-f'c') L T 24,
(unplatted property only; attach survey) - C1' $' p, 5-3 3
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Tax I.D. number: BG 47.0 ' 76"6-3 000 Z OD O
Proposed use of land within requested designation: 0 f /CG STOrp/lab
71- S//Y Z 6- At,11i4 }- si , 70
1 Record owner's name: jQ/7/47L,COG
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Owner's mailing address: r j 5 2 O Gz , C/ACL 6 �TX�7 75//
Owner's telephone number:2 S/ — 9 9 7— 7O O /
Agent's name: /},/� •
Agent's mailing address: /190
Agent's telephone number: /1/4 1
PEITI'ION: 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 Pe rrland. *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: ,&—. Q Agent's signature: /✓/4-
I:ces paid: $ N Date paid: b 9'
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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 3-- 19 11
No. Date 19
No. Date 19
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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 3 ' 19 C}
No. Date 19
No. Date 19
No. Date 19
No. • Date 19
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6 April 1999
Mayor& City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 589
The above referenced zone change applications were reviewed by the Planning&Zoning Commission
at a regular meeting on Monday, April 5, 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) on the following properties,to wit:
Application No. 589
Owner: John L. Cole
3520 East Circle
Pearland, TX 77581
Legal: Lot 2A, Sharondale subdivision, HT&B RR Co. Survey, A-546,
being approximately 0.533 acres, as recorded in the plat records
of Brazoria Co., TX (16230 Harkey Road)
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Emil Beltz
to approve the applications listed above.
The motion to approve passed unanimously (6-0).
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, Ap
34/a4.
Mary an, Chairperson
Planning&Zoning Commission
City of Pearland