Ord. 509-206 05-11-98ORDINANCE 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 15,000 SO. FT. OUT OF THE SE CORNER OF LOT "A",
WESTGATE PARK, A SUBDIVISION OF 9.575 ACRES OUT OF LOTS 47 & 48,
THE ALLISON RICHEY GULF COAST HOME SUBDIVISION, SEC. 19, H.T. &
B. R.R. SURVEY, A-243, RECORDED IN VOLUME 16, PG 220, BRAZORIA
COUNTY, TX (APPLICATION NO. 232) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF EMMA E. COLLIE, OWNER PROVIDING FORAN 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, Emma E. Collie, owner filed on August 29, 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 27th day of April, 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 28th day of April, 1998, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Emma E. Collie, 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 May 11, 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 Emma E. Collie, 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:
15,000 sq. ft. out of the SE corner of Lot "A", Westgate Park, a subdivision of
9.575 acres out of Lots 47 & 48, The Allison Richey Gulf Coast Home
Subdivision, Sec. 19, H.T. & B. R.R. survey, A-243, recorded in Volume 16, pg
220, Brazoria County, 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.
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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.
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ORDINANCE NO. 509-206
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of
Nay ,1998.
c.~~~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11t, h day
of May
ATTEST:
REN~GSE'C
,1998.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
April 28, 1998
PEARL D
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 232
Request of Emma E. Collie, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development (SD)
to General Business (GB) on the following described property, to wit:
15,000 sq. ~. out of the SE corner of Lot "A", Westgate Park, a subdivision of
9.575 acres out of Lots 47 & 48, The Allison Richey Gulf Coast Home
Subdivision, Sec. 19, H.T. & B. R.R. survey, A-243, recorded in Volume 16, pg
220, Brazoria County, TX
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on April 27, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Pat Lopez
to approve Application No. 232.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
T~~~ Vice-Chairman
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us
__ Change in Regulations in Section #:
__ Specific Use for: *
'or/herl)/ ./,it{,, SI FPl ~'i9
Property address:'7q37.M.. L ,eo/4bu,/AV 775f /
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number: ~2 325 5q 9/,, L)q' 5
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number: (o7~/_.) q'c55"5 '7//
Agent;s name:
Agent' s mailing address:
Agent's telephone number:
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 future uses on properties in my vicinity.
Owner's signature 7"/FkV~ - (~~
Fees paid: $ ......
V', <'.~.
I~,,.'~'t'lvt'~l I.'.', ~,...,. ....
Agent's signature:
Date paid:
lOT .'~1
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LOW ,'3'FNS!TY SINGLE. FAMILY I.,)Wi.:-LINC DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Curnrnings, 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
No. Date
No. Date
19
19
Subscribe and sworn to before me this
day ot~/u-'/
I .COUNCII~ AND .THE P-ILAN-..'
PSARLAHD; T,r:~,A.S
N~)tice is hereby given that on
the 27th, day of:April, .19ga,"at ..
· 6~30 p.m., the Oily Oo~hcil
and the Planning and Zo~ing
ODinmission Of the C ly of.'
Pearia. nd~' Brezoria .and
Council ~hambers. Oily': II,
T3eSxallgs~bne~ ' ' -'
Emma E. COlile,-O~r~,s fOr an
amendment to the I.~ Use
and Url~n D.eveloprr nt '.'
Ordinance ~f.'Sa d Ci"' from'
.C~asSifi~aUoh ~Ubu~n .. '
Developrb..e~t:(SI)it, General
~,jI3g described propehy, to wit:
· acree out
id'h (ed
parties s ' ht
....: :.' ..
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 of general
circulation in Brazoria and Harris Counties, for ,_. Z ...................issues, as [ollows:
Editor
Subscribe and sworn to before me this
19 dig
AI s: <~---,-,,,..:-.:,-. ! Notice is;etc..by give,n that on.
~- ~s.~. th~ 27tli~:d~,y'of Apai,':1998, at
~"' 6:3o pan.. t~ d. iii} cotinc,
imm ~CE OF A JOINT PUB'and ihe' jan~inij' and ~oning
LI;. HE'RING OF THE C;Y!C°~nmiSSi~n o!.~i~ City of
CO:UN 'iL ANDii~E PLAN'' Pearland, Bra~'tiaand Harris
Ni~iG ~,ND ZO~I'ING COM-'i': C~uqtie~, Texa~;'Will cOndUct
. Emma E..~6!I!e; ~;'.~!i!i~t:.q.%tidie;'out of Lots 47 a 48, Th}
amendin ,,n~ t~.t. he,;~..,d?se,: .: .Alli~n:ai~hey Gulf
· and,Urn D,evit~ld0d~t.>... :: "H6m~ Subdivision,.~:!9;
Ord'nance of sa'd City f~.n).., .. 'R T"' &' ~i R' Fi su'~" X-243,
..[;le.xm~ ( ) 220,.Bmzo.ri.:l,dounty, TX
....... a Joint' Public Heaa.n.g in the ' "' l~usiness (GB) on the follow-
...M.I~;S.~ OF lNli Ck.ITY OF ' .,~Gil, I1 'in re, City Hell, ~ ing de.abed propeay, to .wit:.
· '~:...,,1... ~.~ ':.= e a be. d..... !5,00Q,s.q. ft. out'(it.~.e",$E' Y;'.' .. .At said baringa ntemsted
'- "' ....i18 Liberty Dave, Pea and,.. ii- = ..... "",'. ...... r and
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