Ord. 509-253 12-14-99ORDINANCE NO. 509-253
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 LOTS 11 & 12, BLK. 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 (APPLICATION
NO. 362) (CORNER OF O'DAY RD. & OLIN DR.) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB)
AT THE REQUEST OF LEON H. AND PAULA K. PAYNE, 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, Leon H. and Paula K. Payne, owners, filed on July 21, 1998, an
application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use ~Lnd
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, i998, 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 affidavil 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/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 Ihe
proposed amendment application by Leon H. and Paula K. Payne, owners, whereby the
Commission recommended and approved a change of classification for the prop~;r~
described in Exhibit "A" from its existing classification of Suburban Development District (.';D)
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 Ihe
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 the
application of Leon H. and Paula K. Payne, owners, facts were presented which, in Ihe
judgment of the City Council, would justify the approval of said application, it is therefo,'e,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the (;ity
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:
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.)
II.
The City Council of the City of Pearland finds and determines that the recitation.,; 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 (;ity
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 ~er
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, s~ Jch
portion shall be deemed a separate, distinct, and independent provision and such hold ing
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 lhis
Ordinance and its amendments thereto shall be and are preserved for the benefit of the (2 ity.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to Ihe
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 ~Lnd
final reading.
3
ORDINANCE NO. 509-253
PASSED, APPROVED, and ADOPTED on First Reading this
~bVEl%btv"' , 1998.
day of
TOM REID
MAYOR
ATTEST:
~FYSE~ERTARy
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ~_~~j~' , 1998.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
<lay
............................................... ....:2~..:?.!.2..`.~ ?...::.!...5..::....~:22...:...;:.`.:.....`::..~.`.`..~2..-..`..`~.:..` .....
t Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
Property address: {52)
Lot: ']i a']'2' Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Bd
Subdivision:/41 2,L2o~'~ C,,v',z'e-/~ P~e_.(~,v/rote_J)
Tax I.D. number: q 76'0 (9 0 ? .7
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number: 2 S' I ~ q f"T" 3 ~ 2._/
Agent's name:
Agent's mailing address:
Agent's telephone number:
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
, :'2 - .,. ...... .............. ................ ......................................
~,{.......'....,,.,'z"=:,':~~.~~"',~' ~,,,,,,~,,,o,,,,,,,,,,~,,, ~L ................................ ~
®
ZONE SD
10 11
MARSHA LANE
5 7
10
8
10
ZONE SD G
52
5
200'
7
OLIN
200' .~ ~/
ZONE SD
I
L~
Z
O
N
6 7 38
SD
GB
R-2
KELLY LANE
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
MEDIUM DENSITY SINGLE FAMILY
DWELLING DISTRICT
LEON · PAULA PAYNE
ZONE CHANGE
AFFIDAVIT OF PUBLICATION
'l'he Pearland Reporl. er News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria ancl Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Coul'ltic5 in the REPORTEl:{ NEWS', a newspaper o[ general
circulation in Brazoria and Harris Counties, [or //_ issues, as lollows:
No. Date
No.
Date
No. Date
19
19
No. _ ...................Date
Subscribe and sworn to before me this .......
Editor
day Of
.,.Notice is hereby'giVen tl~a.t ~n
'~e' ~sth day .~f'~t~,l~r, .'.'
· ~998, at 6~'~:,: the .City .
.. . :..~...~
Ci~ of Peadan~;' 8mzo~a-an~
~is a~untie~Xe~is. will: "*.
c~uct a doin~Public
Chpmbem, Oit~ Nail, 3519
Lily D~ve; ~prland,
Tdias, on the. ~uest of'.Leonj.
:H,:&.PauI~K P~yne, owner,' "'
:fO~ bn amendment to the
Land Use and Urban.
AFFIDAVIT OF PUBLICATION
Tile Pearland F{epor[er News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby ccrl. ily that tile nol. icc hereby appended was published
in Brazoria and Harris Counties in the IREPORTER NEWS, a newspaper el general
circulation in Brazoria and Harris Counties, lot / . issues, as lollows:
No. / Date /~9 -/L/
No. _ .....................Date
No. _ ............. Date
No.. ................. Date
No. _ ................ Dal. c
19
19
19
19
Subscribe and sworn to before me this
day o[ ~ ~
35i9
Lk.: Payne, owner,
am~tdment t~.the... '~.'~:..:
and Urban
'~)~velopment Ordinance :of
~. i~iC.ity f.rom ClassifiCation
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 Brazoria 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