Ord. 509-235 09-28-98 ORDINANCE NO. 509-235
URBAN
AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF pEARLAND,
FOR THE
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND
CERTAIN REAL
DEVELOPMENT ORDINANCE OF THE CITY OF pEARLAND, TEXAS,
OF CHANGING THE CLASSIFICATION OF ACCORDING TO
pURPOSE BEING LOT 37 WESTCHESTER SUBDIVISION,
THE H.T. & B.R.R. CO. SURVEY A-242 RECORDED IN THE pLAT RECORDS
pROPERTY '
OF BRAZORIA CO. 'IX (AppLiCATION NO. 322)FROM CLASSIFICATION
SUBURBAN DEVEL~)PMENT DISTRICT (SD) TO GENERAL BUSINESS (GB)
AT THE REQUEST OF jESSIE P. SCOTT, 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, Jessie P. Scott, owner, flied on June 25, 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"; snd
WHEREAS, on the 24th day of August, 1998, 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 26th day of August, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Jessie P. Scott, 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 September 14, 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 Jessie P. Scott, 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:
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 property
being more particularly described as:
Being Lot 37, Westchester Subdivision, according to the H.T. & B.R.R. Co.
Survey, A-242 recorded in the plat records of Brazoria Co., TX
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-235
PASSED, APPROVED, and ADOPTED on First Reading this
,,.,~Fh~d',,~ou~ ,1998.
TOM REID
MAYOR
dayof
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~ day
of ,~olO-~e,~,',~O, Ly" ,1998.
ATTEST:
APPROVED AS TO FORM:
'1 rJM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
.............................................................. " ....... .'...'....: .....::;...'.._"'L'."'.'."'..', ~x x'~,,,x.~,.,'A~.:.. x .,.,.. , .'~.XN.x.:...:, ,. .
Change in Zoning Classification from:
EXHIBIT
__ Change m Regulations in Section #:
Specific Use for: *
Property address: C4~ 4
Lot: ~ '7 Block:
Metes 81 Bounds Description:
(unplatted property only; attach surve~j}
Proposed use of land within requested designation:
Owner's mailing address:
Owner's telephone number:/- 7/3' q,7z
Agent's name:
Agent's mailing address: J t:>O ? ,~'. l~,,g?Dgto.),~ ~&m,l~dml~ 7">( 773",o0/
Agent's telelM,one number:
I~ETI'FION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by Ihc laws of the State of 'Fexas and Ordinances of the City of Pearland. *On a Specific Use
l'crm~I request m allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may Ix: inc<m~patible with current and future uses on p~o~rties in my vicinity.
()w~ct 'x sUUu~ttl. r~.' .......... Agcnt's signaturc
._.
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14
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Ld
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18 . 200'
_
C LIMIT LIN
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CB
CB
CB
GB 35
1
CB
2
CB
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Z
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:~ 200'
'/<;F''L 1
R-1
SD
R-1
GB
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING
GENERAL BUSINESS DISTRICT
DISTRICT
ZONE CHANGE
FROM
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummir~gs, hereby certily 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, ~or. ..... /_ ......... issues as follows:
No. / Date
No. _ ................Date
No. Date
No. Date
No. Date
19
19
19
19
Editor
Subscribe and sworn to before me this
19 ~2~
~i~
NIF/G ~ND ZONING COU~
~RISSlQN OF THE .CITY OF .'
i~odc.e.S.hereby gi.~en'that on
:lhe 2~lth:~fay of August,
:~bt 650 'l~:m., the City Cou~l~.
.~nd the Plilnning and Zord~' .
:..CommiSSion of the City of · '-: '
'~PearianCf, eraZc~ria a~,~ Hair,
'a joint. P~bii~.Hearing in
. .. ~..-.-,:.:. ..
CoUnCil Chambers, City Hll.I;,. :.'
35i9 i,:ibe.rty Di~ve, Pearl~ .'
Texas, on:!he ~e~uest of :-'...,
Dobby~Thompson, agent
Jessie P. ~c~tt owner for:~n
a.m. eni:lmef~tto the Land USe.
8nd:.U.~an.De~elopment :': ..
Ordinan. c.e 0f Said City fro~l
Classifi6ation Suburban ,
Development ($D) to General
Busi.ness-District (GD) on the
following descried property,
:o wit:
3.e!ng lot .37; iWestchester
subdivision acc~ing to the
HT & B RR C~, ~untey, A: ' .
~42, plat records of Brazotia
~o., '.:rx
:~'~id hearing all interes~
pa. rties shall have the right
a.n.d ~pportun.i!y to appear and
If~ heard on ~h¢ subject.
· ~,/, · ' ,~ ~. ::~"';
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS,'a newspaper el~ general
circulation in Brazoria and Harris Courtties, for . ...... ../_ .................. issues, as follows:
No. Date 19
No. Date 19
No. Date
No. Date
19
19
Editor
Subscribe and sworn to before mc this
19 ~Z
Laura Ann Ernrnons, Publisher
.r""
:MISSION OFTHE CR'YEOF;~
PEARLAND~ TEXAS:.? i~. !~:.? :
iNOtiC~iS;~eby~giV~'~that::Dn .=1 .
iihe 24ih~!Qay of ~uguSti~-1998:.
i~t 6:30 p.m,, *the Ci~ COOncii"
hnd the Planning and ~nin9 '~:
· ,.~
~ommission o.f the C~y=of. _ :~'
. 'Pea~and, ~mzoda and Hards
Counties, Texas, will conduct
a Joint Public Hea~n9 in the
~* CounC i Chamber, GiyHall
~'~ 35~ 9 Ube~ Ddve~ Pea~and,
~ Texas~-o n: the request. 0f
~.~,Bobby ThompSon; agent for
Jessie P: ScaR, :owner; for an
' amendment to the Land Use
and U~an DeVelopment
Ordinance of said Ci~ from
~Classifi~tion Subu~an ~
Development (SD) to Gen~ml
, Business Distdct (GB) on the
,,( oUSting. described
· '~T~7:'~ ~ '
· ':: ' ~ i~l hearing all interested
:~ . - e~'~hall have the right ·
- . :b~rtUniiy to appeaY an
· :: .......
August 26, 1998
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 322
Request of Jessie P. Scott, owner, for an amendment to the Land Use and Urban
Development ordinance of said City from Classification Suburban Development District
(SD) to General Business District (GB) on the following described property, to wit:
Lot 37, Westchester subdivision, according to the HT & B RR Co. Survey, A-242
recorded in the plat records of Brazoria Co., TX
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on August 24, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Pat Lopez and seconded by Commissioner Emil Beltz to
approve Zoning Application No. 322.
Motion to approve passed by a vote of 6-0.
This is submitted for your consideration.
rely,
Ma~arr, Chairperson
Planning and Zoning Commission