Ord. 509-254 12-14-99ORDINANCE NO. 509-254
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 45 OF THE HT & B RR CO. SURVEY, SECT. 20, A-
506, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX
(APPLICATION NO. 451) (8603 W. BROADWAY) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB)
AT THE REQUEST OF JAMES O. WINSTON IV, 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, James O. Winston IV, owner, filed on August 5, 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 26th day of October, 1998, a joint public hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland, Te~<as,
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.z of
Ordinance No. 509; and
WHEREAS, on the 26th day of October, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by James O. Winston IV, 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 Busin,.~ss
(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 November 23, 1998, 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 Ihe
application of James O. Winston IV, owner, facts were presented which, in the judgmen~ 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 (GB); such prop~;rty
being more particularly described as:
Being Lot 45 of the HT & B RR Co. survey, sect. 20, A-506, according to the
plat records of Brazoria Co., TX (8603 W. Broadway)
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 b~;en
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 mandate,,, 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 pro 3er
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 1his
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second ~nd
final reading.
ORDINANCE NO. 509-254
PASSED, APPROVED, and ADOPTED on First Reading this
'F~ ~,~~' ,1998.
TOM REID
MAYOR
day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~L~
of ~/~1('~ ~ , 1998.
ATTEST:
TO'~ EID R
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
<lay
Change in Regulations in Section//:
__ Specific Usb' for: *
Property address: 8603 W. FI, f 518
ABST 506 4.721. ACRES
Lot: 45A and 45C Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number: 0506-0022-000
Proposed'use of land ~ re,quested designation:
FUTURE GENERAL BUSINESS NOT DETERMINED.
Record owner's nanle:
J~ES O.W~S~N ~
Owncr's mailing address: PO BOX 2351',' PEAI'q_gND, TEXAS 77588
Owner's telephone number: 281-485-4975
Agent's name: CHARLIE EASON,--HARDCASTLE REAL ESTATE
Agent's mailing actdress: PO BOX 846, PEARLAND, TEXAS 77581
Agent's telephone number: 281-485-6000
PETITION: As owner/agent, I hereby petition time City for at3proval of tile above described request as
provided by tile laws of tile 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 be inconipatible with current and future uses on properties in my vicinity.
Received b '' '~
29
59
50
ZONE SD
0
0
I
12
'AC. /
17
CITY
LIMIT
LINE
ZONE SD
60
BROADWAY
ZONE SD
22
27A
ZONE G8
15
ZONE SD
18
23
SD
gB
SUBURBAN DISTRICT
GENERAL BUSINESS
DISTRICT
FROM
8D TO
,,,,= SEF"r...~sge
'VE:RT=I""" 1
mm e/:J,E,B, cam FHZ:
add e~: D, SMITH gS-B182 OF 1
AFFIDAVIT OF PUBLICATION
'Fhe Pearland Report. er News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby ccrl. ily that l. he notice hereby appended was published
in Brazoria and Harris Counties in tl~e REPORTER NEWS', a newspaper oi' general
circulation in Brazoria and Harris Counties, for ./_ issues, as lollows:
No. Dal. c
............................. 'I 9
No. Date 19
No. Date 19
No.. ....................Dal. c
19
Subscribe and sworn to bcl'orc me this
--- ~) -___ day of _..1~22)~ .....
L~
~ ~'~ AURA A. FMMONS
~ons, Publisher
i:2. i.eAND:ZONING COM- '
~MISSION OF THE:CITY OF .
~'~EARLAND, T~XAS '
.. ~ .. . ~... ... ,.~
. NotiCe is hereby given that ~n
::. the 26th day of October,
~' :~ 998, at 6:30 p.m., the City
,:~',Go~Cil apd thq P arming and
:. ZQnin~ .Comm issidn 0f the
~,~ ....,.
Hards Couniies, Texas, will1
· conduC. t a.Joint public
H.eari,ng in the. Counqil
Chambers, City HaJ, 35.19
Liberty Drive, Pearland,.
Texas, 0n. the mque~t of
Chalie Eason, Hardcastle
'Realty, agent for James O.
Winston IV, owne. r, f.or an.
'amendment to the Land Use
and Urban DevelOpment
.OrdinanCe 9! ~a dC ty from
classification Suburban
Development (SD) to General
. Business District (GB). on the
following described property,
to wit: ·., :..
· ~i~:co~ir~g.to:the p. lai. ie~o/'dli. ':.
:~aBrci~id~q'yi'' ". ":::':"':':,'::;" ',:..
..':!;:":':' ".1~"'~': "" 7.' : ",' '; .-, ....'.,.'.
.,. .. . ....~:..
"' ~ ' .
AFFIDAVIT OF PUBLICATION
Tile Pearland Reportel' News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cun'~mings, hereby certily that the riolice hereby appended was published
in Brazoria and Harris Counties in [hc REPORTER NEWS, a newspaper o~ general
circulation in Brazoria and Harris Courtlies, lot / issues, as lollows:
No. , ........ Dal. c
No. _ ...................Da[c
19
No.. ....................Date
19
No. _ ....................Date
19
Editor
Subscribe and sworn to be[ore me this
_/,F' day of Zgd-~
..... NOTICE OF A JOINT PUB-"
~:'LIC HEARING OFTHE t3tY
COUNCIL'ANDTHfR-L;A~. :.
NINe :~IDiZO~iiNG COM~
MIS~iONj. OF 'THE '(~iTY OF .
PEA~i~ND, TEXAS
;...:...:: ~.':..:.. :.
Notice is hereby:given that on!
,~.he 2~h 'day of dctober, .....' ;
~i1998, at 6:30 p.m., the Cily
'ouncil end .the.planl~ing and-
"~;'ncina gOmmi.iori Of ih~ ". '
..Hearing i le,council
~hambem, Ci~ Hell, 3519
Libe~ D~ve,. Pearland,
Te~, on the muest of
Chalie Earn, Ha~asMe
~y, agem for James O.
Winran IV, owner, for an.
~dmnt to ~e ~. Use
"' I~el~ment (SD) jo General
~ijness Distd~ (GB) on me
li~ng d~d~d p~dy,
' ' aght '
: ':~ar and
, ~ .Subje~.
26 October 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Application N0. 362 & 451
Request of owners for 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 described properties, to wit:
1. Zoning Application No. 362
Legal Description:
Lots 11 & 12, BIk. 7, Hickory Creek Place subdivision, out of the HT
& B RR Co. survey, A-219, according to the plat records, Vol. 11,
pg 1, Brazoria Co., TX (Corner of O'Day Rd & Olin Dr.)
Owner:
Leon H. & Paula K. Payne
14103 Melanie Lane
Pearland, Texas 77581
2. Zoning Application No. 451
Legal Description:
Being Lot 45 of the HT & B RR Co. survey, sect. 20, A-506,
according to the plat records of Brazoda Co., TX (8603 W.
Broadway)
Owner:
James O. Winston, IV
P.O. Box 2351
Pearland, Texas 77588
The motion was made by Commissioner Jack Mathis and seconded by Commissioner Emil Beltz to approve the
zone change application request listed above.
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,
Mary Starr, Chairperson
Planning & Zoning Commission
City of Pearland