Ord. 509-207 07-27-98ORDINANCE NO. 509-207
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 1.90516 ACRE TRACT OUT OF LOTS 20 & 21 OF THE
GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, A-70, IN
THE PLAT RECORDS, VOLUME 166, PAGE 145, BRAZORIA COUNTY, TEXAS,
(APPLICATION NO. 309) (1700 F.M. 518) FROM CLASSIFICATION GENERAL
BUSINESS (GB) TO COMMERCIAL (C) AT THE REQUEST OF LEROY AND
BETTY JEFFRIES, 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, Leroy and Betty Jeffries, owners, filed on May 4, 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 29th of June, 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 29th day of June, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Leroy and Betty Jeffries, owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of General Business (GB) to Commercial (C); 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 July 13, 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 Leroy and Betty Jeffries, owners, 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 General Business (GB) is hereby for all
purposes changed and reclassified as Commercial (C) ; such property being more particularly
described as:
A 1.90516 acre tract out of lots 20 & 21 of the George W. Jenkins subdivision
in the W.D.C. Hall League, A-70, in the plat records, Volume 166, page 145,
Brazoria County, Texas (1700 F.M. 518)
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.
2
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.
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ORDINANCE NO. 509~207
PASSED, APPROVED, and ADOPTED on First Reading this
July ,1998.
13th
TOM REID
MAYOR
day of
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
July , 1998. ~.,
TOM REID
MAYOR
ATTEST:
TY S ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
27th day
('llan[,,c'. m kr.,y, uhBOns in Suct~ol~ #'.
I,rol~crty addrc~s.
..... T~o separate.
I .~. 20, 21 and
Metes & Bou.dx Dcscription'-
(unplatted pro~rty ollly: attach surVeY)
]700 FM 518 (E. Broadway), Pearland,
tracts
2~,~k: Subdivision:
Texas
Coo. Jenkins Leagnm ,Abstract 70
See Metes ant] Bounds and Survey attached
'i'i~x I.D. ,mmbcr: 5410-O010-001 and 5410-00] ()-120
Proposed use of land v~ilhin ,'equcsted de. Sigl'~ation;
(C15matized and Non C]i~tized)
Self Storage Facility
Rcc{~rd ow,~f's name: IPcRoy Jeffries and Betty Jeffties
110 Fnxnbar Estates Drive,
Owncr's mailmE address: 7rie~]~ood, Texas 77546
2505
Ow.er's Iclcl~}mne number: (281) 992-4924
Agc,.'~ name: Mary A. Kole
c o 'RE'MAX Soufh'B~] t"
1~717 ~ighland Me, aS.;Tiw Drive
Agcnl's mailing address: Houston.!. Texas 7708'7)
Agcnt'S leleph.nc number: (281) 484-0066, C/t:. 21
PI'Z'FI [']ON: As 0wnct/agenl, ! hereby petitran the
provaried I~y the l~w~ Ot the Siaie ot Texas and Ordinancc~ of the City of Pcatlund *On a S~cific Use
Permit rcqucsl to allow a :csideniial use in a business zo.c (OP, NS, GB), I acknowledge that s.ch se
may be .~conxpa~ihlc willl current and future uses on pto~rllcs
ZONE R-2
SLEEPY CREEK
ZONE R-2
I
ZONE GB
ZONE GB
ZONE GB ~
90516
BROADWAY
200'
(~'P.)
ZONE C
ZONE C
R-1
R-2
GB
C
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
e~, J,E,B,
ICldsd it; D. SMI'IH
98-8043
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 the 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
Subscribe and sworn to before me this
19 ~
Editor
/ day of (~
SSION OF THE Cn'Y OF
AR~ND, TEXAS
i~e~shereby:~Ji~en.i, that:~
~,Brazdria~nd
Ant Publ{cHearing in the
jncit Chambers, Cjty Hall,
i9 LibertyDrive, Peadand~
xas, on the request of MaW
Ko e, REMA}( South Belt,
ant for Leroy, &'. Betty
ffries, owner~ far err amend;
· -nt to the Land:Use~and'- ~-'
ban Development
dinanCe-bf said~trom-~:
,klns sulxliv~6iO~' i~:~'
p: asShall ..... .-!
,!:a opportune". hnd
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 ~iEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for t issues, as follows:
No. __ ' Date 19
No. Date 19
N o. Date 19
Editor
Subscribe and sworn to before me this
19 ~0
day of C~7
Notary
Laura is er
...,,.~,
the 29th day of Jane, 1998, at ·
6E3Q p.m,, the Ci~ Council
an~the pIj~niBg an~ Zoning.'
Commission of the City of
'Pearland, Bmzoda and Hards:
Counties, Texas, will ~ndbct
~ j0 nt Public Headqgin the .
3ounciI.Chambem, Ci~ Hall,
~5t9 Lib~.D~ve, Peadan~,:
exas, on th~ request of M~ '
~. Kole~ REM~ S~tb;Be!t .....
8gent for Leroy & Bet~
Jeffdes. owner for an amend-
~t ~Q the ~nd Use and
~an.pevelDpment
~inance of said CiW from:
; assifi~tion General ' "' '
~. au}iness Distdct (GB) to
;~ :~mme~ial DisIdol (~) on,
'~]. e foil0Wing described prop-
~ ~, to wit:
Lots 2Q & 21, George W.
Je~ki~s subdivision in the
W;D.¢ H~II League, A-70,
ac¢o~ing to the plat as
r~,in Vol. 16, P9. 145,
· ' lot R~s of Brazoria .
~;.TX (~700' F.M. 5~8)
..... ~eadng all interested'
all have the fight
' '~unity to appearand
~on the subject,'
.... ..
.~ung Lofting
2. ....,,; ";:~'~,, ,,..:;
July 2, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 309
Request of Leroy & Betty Jeffties, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification General Business (GB) to
Commercial (C) on the following described property, to wit:
A 1.90516 acre tract out of lots 20 & 21 of the George W. Jenkins subdivision in the
W.D.C. Hall League, A-70, in the plat records, Vol. 166., pg. 145, Brazoria Co., TX
(1700 F.M. 518)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint
Public Hearing, 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. 309.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission