Ord. 509-206 07-27-98ORDINANCE NO. 509-206
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 1.6142 ACRE TRACT LOCATED IN THE H.T. & B. R.R.
CO. SURVEY, A-241, OUT OF 39.2484 ACRES CONVEYED IN 96-015983 OF
THE OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
247) (6516 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF FRANK
BARRINGER, TRUSTEE/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, Frank Barringer, trustee/owner, filed on December 12, 1997, 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 22nd 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 Frank Barringer, trustee/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 Commercial
District (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 Frank Barringer, trustee/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 Commercial District (C); such property being
more particularly described as:
Being a 1.6142 acre tract located in the H.T. & B. R.R. Co. Survey, A-241, out of
39.2484 acres conveyed in 96-015983 of the Official Records, Brazoria County, Texas
(6516 Broadway)
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.
ORDINANCE NO. 509-206
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
July , 1998.
r__.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day
of July
ATTEST:
,1998.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
'["r' !QF' ~'AF.~,LAI"'ID ID :715-4
';~F-~:~'i:~-~.' D F' 0~:~ ' q7 ~-~.g~s 1
Back 100''h Comme'~ci~l "
xx Change in Zo~ng Classification from: . ,sB ..... to: "Balance of ~r~.~ - GB
~ Change in Re~lafiom in Section ~:
Specific Use for: *
· ' i '. :' : _: l .... - ....
· '-. ' '" i.' "' .,,i. . .- '~ "' i~,~ '. .' .
Property address: 6516 Broadway, Pearland, Texas
See A~ta~h~d "'-' EXhibit "A" ' " "
Lot: Block: Subdivision:
Metes & Bounds Description: see Attached - Exhibit "A"
!u..np!_atted property only; attach survey)
'Fax l. D. nmnber: N/A
Proposed use of land. Within requested designation: Retail Center
Record Owner's name:
Frank D.
Barringer, Trustee
Owner's mailing address: P. o.
Box 867, South Houston, Texas 77587
Owner's telephone number: (713) 944-2111
Agent's name:
R. Wes~ D~velppmen~ Co.,.Inc.
Agent's mailing address:
2510 Westminister, Pearland, Texas 77581
Agent's telephone nmnber: (281) 997-1500
PETITION: As owner/agent, I hereby petition tt~e City for approval of the above described request as
provided by the laws of the State of Texas 'and Ordinances of tl~e City of Pearland. *On a Specific Use
Permit request to allow a residential use in a business zone tOP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owncr's signature; ~ C~
Agent's signature:
Date paid:
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City of Peadand, Texas
FRANK D, BARRINGER,TRUSTEE
ZONE CHANGE
FROM
SD TO C
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
N o. Date 19
No. Date 19
Subscribe and sworn to before me this /
Laura Ann
day of(~
~4.~,ffTexas
IC HEARING OF THECITY
' 'OUNCIL AND THE;PLAN--
:' INGANDZONING'~QM;.
ISSION OF THE CITY OF
:ARLAND, TEXAS -
.rice is herPby given that on
.
· p~m;,~he ~ ~.-~ound~:
,d the p anni~ and Zoning
19LibedyDdve P~.~qnd~
31assific~tibn Subu~an
:om~(~J.'piS~ct (C)on ~:~'..':
offowing d~S~dbed pmpe~,
onve~ed i~ 96;~15983 of
:X (6516 Broadway)
AFFIDAVIT OF PUBLICATION
EXHIBIT
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
N o. Date 19
No. Date 19
Subscribe and sworn to before rne this
/ day of ~
Notar
OOUNelt. AND.'rHE.. PLAN- .. * ' '
· ,, .
NING AND ZONING COM- '. ~: ~
MISSION OF THE' CITY '~F "! ' ~:
PEARLAND, TEXAS, .*' ' .
.: .:...~.: .., .
NotiCe is hereby given that ~n*', :':~ ~:
6:30 p.m., trie g~ity COuncil '* .'*: ," .'
Council Chaf*nl~e~, di~/I~bl),' ** · --
r'eXa~,: 'on 'ihe .~equ~bt df R;: .' '
¥~st'Db,/elb~ffientCd;, Inc.', "*'
~gentfdr*Franl~'D:'Barrin~r, .' .
)rdir~n~ c~i Said Ci~ f~!";";
· ~lasSifjcatonSuburb~.: .....
Develdpment (SD)'io"" "'*" '
CommercialDistdct(C)'on*the' ;'
following described'proliX";
to wit: · - ~:; -'= :~' ',,
AFFIDAVIT OF PUBLICATION
EXHIBIT J
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 ........ ~Z issues, as follows:
No. Date 19
No. Date 19
N o. Date 19
No. Date 19
Subscribe and sworn to before me this / day of ~
Laura Ann Emmons, Publisher
NOTIGE QF A JOINT PUB;.
LIC NEARING OF THE CITY
COUNCIL AND TNE PLAN- -
;ING AND ZONING COM-
· ISSION OFTHE CITY OF'
-'ARLAND, TEX&S
· i 22'rid day of'june, 1998,
.;:30 p,mjheCityCouncil
, d the Planning and Zoning
~ada~d~-erez~:d,a
~ ~ a Joint Public Hearing in th.e .
Council Chambe~,..,C.i.ty H~II,!.
; ~ 3519 Libe~/'Ddy. e, Pearland,
Texas, o.'th~:'eqb~o'rR. '
: ~st. Dev~ opmefi't G~;, ric:~
I
~i' e~'for:Franld},!Bark'ir~ger,''
' a.'~stee; QW~er,;f.or an amend-.
· ~n~.o.theL,aOdrl;/se and .~,:
: ' " ~' ",' ;;th ':i'
:;. to.~:.~ .:: ...':,;~;:.:,.:~! :;,:?~. ,'
· "'i": "': :~1'~''::J':' ~'~*'~: ~'' ~'~'~'''~
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; T:(t"' ..:,, , ..~
':' qd OppQ~' ''~ ~ea a d
'i . '. '~' ;j ' ~t. r n
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
'~ ~'"~°"~ "~" ~""'" .~'~-~ '~%'o"~ ~,~"o,~"?"~'"'~"~' o'
circulation in Brazoria i ~ _ issues, as follows:
No. Date 19
No. ___ 'Date 19
Editor
Subscribe and sworn to before me this
19 4~
NING AND ZONING COM- ,
MISSION OF THE CITY OF
PEARLAND, TEXAS
Nqti_'ce .is :l~embY.:given~t__hat~,qn~
6:30 p,m., the City Cbuncil '
and. the Planning andZoning
Commition of the City of
. Pearland, Bmzo~a and Ha~is
Counties, Texas, will c~nduct'
a .Joint Publie'Hearing in the .
counb .'
West Development'Co., Inc.,
agent for Frank D,'~n~er,
: T~stee~ owner,~for an amend-
ment to the ~nd Use and
~: U~an DevelOpment :':-~
:;' O~inan~e of eaid Ci~ Tram
Classification Subu~an
Development (aD) to
' Commemlal District (C)' on the
following described prope~,
~to~wi~
~ " .. -: :
~ b~i~g out of 89.24~ acres
. Atsaid hea~ngai'~ ....ted
. *be hea~ on the subje~. :~ :..
· , f,,..~,-.
July 2, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 247
Request of Frank Barfinger, trustee, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development (SD)
to Commercial (C) on the following described property, to wit:
A 1.6142 ac. tract located in the HT & B RR Co. survey, A-241, out of a 39,2484 ac.
tract conveyed in 96-015983 of the Official records, Brazoria Co., TX (6516 Broadway)
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 Beltz and seconded by Commissioner Mathis to approve
Application No. 247.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission