Ord. 509-242 10-26-98ORDINANCE NO. 509-242
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 0.6984 AC. TRACT OUT OF LOT "A" OF WESTGATE PARK,
A SUBDIVISION OF 9.575 AC. OUT OF LOT 40 & 47, ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION, SECT. 19, HT & B RR CO. SURVEY, A-
243, VOL. 16, PG. 320, PLAT RECORDS OF BRAZORIA CO., TX
(APPLICATION NO. 318) (7929 BROADWAY) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB)
AT THE REQUEST OF H. LOUIE AND MARY TASHAKORI, 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, H. Louie and Mary Tashakori, owner, filed on June 18, 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 us .= as
provided for in said Section 28, said property being legally described in the ori!]inal
application for amendment attached hereto, and made a part hereof for all purpose,,., as
Exhibit "A"; and
WHEREAS, on the 28th day of September, 1998, a joint public hearing was held
before the Planning and Zoning Commission and the City Council of the City of Pearl ~nd,
Texas, notice being given by publication in the official newspaper of the City, the afffida, ,it of
publication being attached thereto and made a part hereof for all purposes, as Exhibil "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 2nd 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 H. Louie & Mary Tashakori, owner, whereby the
Commission recommended and approved a change of classification for the prot~erty
described in Exhibit "A" from its existing classification of Suburban Development District ZSD)
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 o' the
Planning and Zoning Commission, at a regular meeting on October 12, 1998, and
WHEREAS, the City Council having fully heard the testimony and argument c,f all
interested parties, and having been fully advised in the premises, finds that in the case c I the
application of H. Louie and Mary Tashakori, owner, facts were presented which, ir the
judgment of the City Council, would justify the approval of said application, it is theref, ~re,
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 (S[)) is
hereby for all purposes changed and reclassified as General Business (GB); such prot~erty
being more particularly described as:
Being a 0.6984 ac. Tract out of Lot "A" of Westgate Park, a subdivision of 9.575
ac. out of Lot 40 & 47, Allison Richey Gulf Coast Home Co. Subdivision, sect.
19, HT & B RR Co. Survey, A-243, Vol. 16, pg. 320, plat records of Brazoria
Co., TX
II.
The City Council of the City of Pearland finds and determines that the recitatiol is in
the preamble hereof are true and that all necessary prerequisites of law have t~een
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 mandat~;s 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 pr ~per
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinan~..e is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, ;~uch
portion shall be deemed a separate, distinct, and independent provision and such hol :ling
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 .3ity.
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 and
final reading.
ORDINANCE NO. 509-242
PASSED, APPROVED, and ADOPTED on First Reading this
C)~JcO~'~v'' ,1998.
TOM REID
MAYOR
dayof
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~)Yh~.day
~~ ~ ,1998.
TOM REID
MAYOR
ATTEST:
%%1~~' S ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
("Trl',~ (')!.' !,EA!II.ANI)
Z()N!.: C!!.XN(;!:.: Aiq'! .IC. ATION
re. vi,,t:d
__ Change in Zoning Classification from: .< i.) to: (~ [3
__ Change in Regulations in Section #:
__ Specific Use for: *
EXHIBIT
Property address: 7 q ,2 ~
Lot: ]q,3 Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax LD. n~ber: 822 ~-000 X-- ~D, o
Proposed use of land within requested designation:
Record owner's
Owner's mailing address:
Owner' s telephone number: o7
Agent's name:
Agent' s mailing address: k///~
Agent's telephone number: A///]
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 PearlaM. *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:. _ Agent's signature:
Fees paid: $ " Date paid:
.,....,.,....,! i., [.~!!!Li~..!i_,:...!,..,;!,b~:: ......~_ ....: ........
LOT 51
crP( LIMIT LINE
LOT 32
ZONE SD
CITY LIMIT LINE
ZONE R-1
4.0' DRAINAGE
H Ld ESMT.
J
G r,r)
b_l
ZONE SD
ZONE
BROADWAY STREET j/~ 0.6984 ACRES
7929 BROADWAY 5
STREET ~
,
d
LOT 63
ZONE SD
I---
E (,f) ZONE SD
b_l
2oo' D L
(TYP.) ~ ---, LOT 64
M
~ ZONE GB =/
N° C ') > SD
City of Pearland, Texas
GB
SD
R-1
GEMERAL BUSINESS DISTRICT
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
H. LOUIE & MARY TASHAKORI
FROM
SD TO GB
AFFIDAVIT OF PUBLICATION
Tho Pearland Rcpor[cr News
2404 South Park
Pearlanti, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby ccr[ify that I. hc notice hereby appended was published
in Brazoria and l-t~rris Courttic:, in the REPORTER NEWS, a newspainer ol general
circulation in Brazoria and Harris Counties, for [ issues, as lollow:;:
No., ............... Dale
No. _ ...................Dale
No.. ......................Date
No.. Dale
19
19
'P-E~N~i'::'~:~.~ i
~uncil and ~e Planning:and ~
MaW TaS~kod, ewner;:o~:;an~,
and Umo Dev~eRt:,, ~;, ~ ~
Ola~if[~n. Bubu~n
~v~lbpment (BD) to General
Bu,lneu (eB) on the fofiow-
~lng.0~eg~a~. tm~ out of
Lot "A~'~'Wei~me Peru, ~ '
.su~divleion'of ~.E?5 ec. out of' ~
Lo( 4e & 41, ,All ~n RI0h~ ~
e~O,.i.
. Co., ~ ~?'e~~ (m"
~18)) .... . ..,'.
A~eeid.~ee ~'~';' ~
;': ;~'~.~.~'.?. ., ,.
C~ S~m~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pcax'land, Texas 7758-1
State of Texas
Brazol'ia and Harris Counties
1, Joan Cun'~mings, hereby cel't.i[y that ll-~e notice hereby al~pended was f~ublished
in Brazoria and 1-14~z'ris Countie:~ in the I:{EPOI~TEI~ NEWS, a newspalter el g~nural
circulation in Brazoria and Harris Counties, for /. issues, as follow:;:
N o.
No.
f\J o.
Date 'I 9
Date
......................................................... 19
Editor
[iEARLAND, TF.X~S :i~:.:
~e 28ih day of S~;er '
Zoning Commi.~'~ df~he
G~ ~f Peadan4~emzoda and
Ha~s C~nU., Te~s,.will
~ndQct ~ JointPubJ[~: '. '.'
Headrig in th~'~un~l
Cham~m, Ci~ Hall, 3519
Libeq D~ve, PeadaM Texas,
on the request of H. Louie &
MaW Tash~o~, owner, for an
amendment to ~e ~nd Use
and U~n DevelOpment
O~inance of ~d C~ from.
Classif~Uon Subu~n
~.De~elop~t (SD~ t0 General
October 2, 1998
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 318
Request ofH. Louie & Mary Tashakori, owner, 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 property, to wit:
Being 0.6984 ac. Tract out of Lot "A" of Westgate Park, a subdivision of 9.575 ac.
Out of Lot 40 & 47, Allison Riohey Gulf Coast Home Co. Subdivision, sect. 19,
HT&B RR Co. Survey, A-243, Vol. 16, pg. 320, plat records of Brazotia Co., TX
(7929 Broadway)
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on September 28, 1998, at~er the
Joint Public Heating, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Scott and seconded by Commissioner Beltz to approve
Application No. 318.
Motion to approve passed by a vote of 5-0.
This is submitted for your consideration.
Sincerely,
~ Chairperson
Ma ~ "CT/ta4'~/~
Planning and Zoning Commission