Ord. 509-291 03-29-99 ORDINANCE NO. 509-291
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 4.542 ACRES, A PART OF LOT 1, BLOCK 26,
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION
4, TCRR SURVEY, A-675, VOLUME 2, PAGE 99, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS(APPLICATION NO. 690) (15707 SOUTH
FREEWAY 288) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF JAMES W. & BARBARA A. DIXON, 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, James W. & Barbara A. Dixon, owners, filed on January 13,'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 15th 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 22"d 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 James W. & Barbara A. Dixon, 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 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 March 29, 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 James W. & Barbara A. Dixon, 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 Commercial District (C); such property being
more particularly described as:
Being 4,542 acres, a part of Lot 1, Block 26, Allison Richey Gulf Coast Home
Company Subdivision, Section 4, TCRR Survey, A-675, Volume 2, Page 99,
plat records of Brazoria County,Texas (15707 South Freeway 288)
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. 509-291
PASSED, APPROVED, and ADOPTED on First Reading this
]'~1'12,/~ ,1999.
day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this J~,///day
of /Z2/~/~//--.- , 1999. ~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
ZAN-13-1999 10:05 FROM
DIXON MANUFACTURED HOMES TO
2814858?64 P.02
Ch;,nge in Regulado~ in Section #:
_ Specific U~c fur: "'
_property address:/,5' ,~.~
Lot: .¢~" Block:
Sutxlivision:
Metes ~: Bounds Description:
(uaplatted..propert), only; aUa~'h ~urvey)
Proposed usc of had within requr, stcd delignatiolx: ,
Record ownct's name; . ~ e~m,~ ~
telel one .n _ber:
.*1
A. gent's name:
Agem'$ mailing address:
AgetiCs telephnne. number:
PF:'rITION: As owner/agent, [ hcrcb)' petitiun tl~ City for approval or tire above described rexlu~st as
provided by the law~ of the State of Texas and Ordinances of the City of Purland. "'On a Specific Use
P~rmit request to allow a residential use m a business zone (OP, NS, GB), [ aclr. nowlcdge that such use
Hay Ix: incontpatiblc with current and future uses on properties in my viciniq,,
;~s:t , Agent s signature. . .-, . (~
~-T/O7B'rAIE
CRY LIMIT LINE
/
ZONE SD
~_~ SOUTH
COUNTY ROAD 403
I
ZONE SD
- 2
ZONE SD
0
3
SD
C
SUBURBAN DISTRICT
COMMERCIAL DISTRICT
FROM
~DTOC
· .- .,,J.u. ~ ,,~
,b"-= ,'~,!--~.:/
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 ,2- / '7 19 ~
No. Date 19
No. Date 19
No. Date 19
No. Date 19
c'~A.C;(,· ~fK/vc.o
resident
Subscribe and sworn to before me this
19
day of
' · Emmons
Y Public, State of fB~s
; her
Notary Public, State of Texas
: HEARING: OF THI~' CITY
)UNCiL AND
~IG AND ZONING.~)M-
iSSION OF. THE CITY OF
-;ARLAND,'TEXAS
~)tice is ~ereb~ given that on
'e lstdayof'March, 1999, at
'~:30 p.m., the City Council
~'.~l~d the Planning and :Zoning
~,.ommss qn ~f thb City of
B aftand, Bmzori8 and Hsrfis
"!~unties, Texas, will conduct
~"'!JOint PubfiG I-laring
'.~oil:,~;f~.a~be~ City!HaD,
~'ixon, o~Vne~ .for
'~ent to' th~ La'nd .use.and
..Urban . Devel.oPm~qn..t
.'Ordinl~nce of . s~.id 'City from
,;.:Ctas~iific~.ti. dn
;" .. :'....:. ;:.;~!~.....;...~...~,,~...~::~,:t
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, her, eby 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:
F4o./' D,~t~ ..2.- .P. ,.('~9 ~"~
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
'~9
President
day of
c
I
MI~JlON OF THE CITY OF
!PIeRLAND, TEXAS
thE~lSth day of M~mh,
6:30 p.m., ~he Gi~ Ceuncil
en~"the Planning ~nd"Zoning
Commission of [he City of
Pe~end, Bmzofi~ end H~ffis
CoUnCil C~mbem, Ci~ H~II,
35~g~Libe~ D~e, Pe~end,
Te~e, on ~he requeet
DixOn, owner, for ~n mend-
me ]~lo the L~nd US~'~
to,~h~ ":..: ' ' :
. , ::.
icing 4.~2 ac,, a ~ of.~'
BJk. 26,
~...~ ......
b~ hea~l o~ the subject.
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
L/~,/fT.b..fxr,,..~'
~President
Subscribe and sworn to before me this
('
day of
.~,.." A A. EMMON,.5
~/ , tic ~5tate v[ Tcx
.' '~ffPi .~ ' 'isher
of Texas
'x, UC!HEARINe, OF, THBCtTY
~*~COUNCIL-' AND,THB, P-~N'.
:~ NiNQ ~AND:Z0NIN61.
:;:: MI$$1ON!Q~THE/.'CITY~OF
'}Notice is.hereby:givad~that;on.'.
/ithe tSth day of MarCh i9997,
Xat 6~30 i~ni,;:th~'City Co'U'ndil
,and the Planning and Zoning
;;COmmission of the City of
~.,Peatia. nd, Brazoha and Harris
.. Counties, Texas, will conduct
'.~ Joint Public Heating in the
.Cour~cil Chainbern, City Hall,
'~519 Liberty Drive, Peatland,
!Tex~as; ~}nqhe request! of~i
JJmes W., & Barbara .A,
Djxon,t~,w~r~ ~r,~an ._amend*
i~q~'elopment , (.SJ~):,: ..
~mmercial .D.i.~triet:{.G.)~oh"
., :.,. ".: :;:. ;.,':...;~:: ,..-.....
i.,eard:.o;'~mesubject.
Cry S~cretan/
March 22, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 690
Request of James W. & Barbara A. Dixon, owners, for 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 described property, to
wit:
Being 4.542 acres, a part of Lot 1, Blk. 26, Allison Richey Gulf Coast Home Co.
Subdivision, sect. 4, TCRR survey, A-675, Vol. 2, pg. 99, plat records of Brazoria
Co., TX (15707 South Freeway 288)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 15, 1999, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Jack Mathis and seconded by Commissioner Emil Beltz to
approve Application No. 690.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Tommy Scott, Vice-Chairman
Planning & Zoning Commission