Ord. 509-220 08-14-98ORDINANCE NO. 509-220
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 A 5.10 ACRE TRACT OUT OF 37.948 ACRE TRACT
KNOWN AS A-240 H.T.&B.R.R. COMPANY SURVEY ACCORDING TO THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 298)
(HATFIELD ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-4) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JOHN
MASSEY, 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, John R. Massey, owner, filed on April 2, 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 13th day of July, 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 13th day of July, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by John R. Massey, owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Single Family Dwelling District (R-4) to General Business District
1
(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 August 24, 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 John R. Massey, 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 Single Family Dwelling District (R-4) is hereby
for all purposes changed and reclassified as General Business District (GB); such property
being more particularly described as:
A 5.10 acre tract out of 37.948 acre tract known as A-240 of the H.T.& B.R.R.
Company Survey according to the deed records of Brazoria County, Texas
(Hatfield Road)
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.
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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.
ORDINANCE NO. 509-220
PASSED, APPROVED, and ADOPTED on First Reading this
~U,J;~,5--F ,1998.
TOM REID
MAYOR
day of
ITY SEi~Y ?
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
A'r'rEST:
, 1998.
,_----~~
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY A'FI'ORNEY
day
__ Change in Zoning Classification from: R-4
to: GB
Change in Regulations in Section #:
__ Specific Use for: *
EXHIBIT
t A-
Property address: 5:1 ACRE TI~CT ON H~T~Tk'rr.n ~
Lot: 16B-19B Block: Subdivision:
Metes & Bounds Description:5.1 ACRE TI~CT OUT OF 37.948 ACRE TRACT ~ ~ A0240 H.T&B.R.R
(unplatted property only; attach survey) (p~), 'i'R~ 16B-19B, ACRES 37.948.
Tax I.D. number: 0240-0010-001
Proposed use of land within requested designation: MINI_MLIvl CZxl~ FACILITY FOR THE Rr.BERLy.
Record owner's name: JOHN R. I',g. SSE~
Owner's mailing address: FO BOX 112, PEARI.,AND, TEX/~ 77588-0112
Owner's telephone number: 713-781-6609
Agent's name:
Agent's mailing address: Po BOx 846, PEARLAND, TEXAS 77581
Agent's telephone number: 281-485-6000
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
may be incompatible with current and ti~ture uses on properties in my vicinity.
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30
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51 50
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COLMESNEIL
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FITE ROAD
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ZONE SO
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ZONE R-4 ~Cn, p.2°°')
ZONE R-4
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ZONE R-4
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
GENERAL BUSINESS DISTRICT
JOHN R MA88EY
LONe: CHANGe:
FROM
R-4 TO GB
App. Na-:298~
Dde=JUNE, Igg8 HORZ:I'-300'
me e~.J.E.B. CAO fiLE.:
CMul ~ D, SMITH 98-804-7
SHEET
1
OF 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in tile 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
~r'~Editor~
Subscribe and sworn to before me this [ day of
N o t a r y P u b i S~~ s
Laura Ann
~ 'at~
Jo 'n 'R:i.
an I
US
.i
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 I issues, as follows:
No. Date
19
No. Date 19 ,.
No. Date
19
No,
Date
19
Editor
Subscribe and sworn to before me this
day of TC/C~
~"""Laura Ann Emmons, Publisher
,. Noti6e' Ij hereby given that on
; the 13th day of July 1998, at
!'6:30 p.m.. the Cit~, Council
i and.the Planning and Zoning
Commission of the City o.f
Pearland','B~;~'zoija and Harri~
Counties, Tex~5, .wilJ c~nduct
a JOint PbbJic He~rig iX the'
'~ Council eftambers, City Hall,
,. 3519 Liberty Drive, Pearland,
: Texas, on the request of'
MaurisHardcastle~
John R: Massey
~: an amendment to the Land
,Us.~= ~rl~n~.Dave!p, pmeDt.
~ (:.GB} .o., (he fbllo.w..iHg,::.!,;",
· '.;.Being 5.1 a~;~i::'c.'.:!
;'37.948 ac. tract j~ ....
~240 of the HT & B
At:e~td. hearing 811 interested
:Tp'eitJ~s'i~hall have the r/ght
City 8;eom~ .....
July 18, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 298
Request of John R. Massey, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Single Family Dwelling
District (R-4) to General Business District (GB) on the following described property,
to wit:
A 5.1 ac. Tract out of 37.948 ac. Tract known as A-240 HT & B RR Co. Survey
according to the deed records, Brazoria Co., TX (Hatfield Road)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on July 13, 1998, after the Joint
Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Mathis and seconded by Commissioner Scott to approve
Application No. 298..
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission