Ord. 509-205 08-10-98ORDINANCE NO. 509-205
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 PART OF LOT 2, BLOCK 10, ALLISON RICHEY GULF
COAST HOME CO., SUBDIVISION, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 317) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF JAMES W. GUSTAFSON, 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, James W. Gustafson, owner, filed on May 13, 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 James W. Gustafson, 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 (SD) to General Business District
(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 July 27, 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 James W. Gustafson, 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 (SD) is hereby for
all purposes changed and reclassified as General Business District (GB); such property
being more particularly described as:
Part of Lot 2, Block 10, Allison Richey Gulf Coast Home Co., subdivision,
according to the plat records of Brazoria County, Texas
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. 509-205
PASSED, APPROVED, and ADOPTED on First Reading this 2'-'lttL
~ day of
998.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
Of J~'q,.~ 9Lk _~'~""' , 1998. ,Zi~~
TOM REID
MAYOR
ATTEST:
I""~ SE
APPROVED AS TO FORM:
RIN COKER
DAR .
INTERIM CITY ATTORNEY
day
__ Change in Regulations in Section #:
Sl~i~c Use for: *
EXHII::ll I
Property address:
Lot: ~ Block: /~)
Met~ & Bouts Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D..-_t~_m__!nr:
Proposed use of land wi.t~....~s.ted ~signatlon:
RcCord o~r'snsme:
Owner's mailin~ address:
Owner's telephone number:
Agent's name: e~ ~/;~ ....
ASem's maillug address:
Agent's telephone number: 7/3-~ b c/f_/~ Z..
PETITION: As owner/agent, I hereby petition the City for approval ofthe a{u,ove ok;scribed req~.st u
provided by the laws of the State of Texas and Ordinances of the City of Pearhnd, '~On a $pecif':¢ Use
Permit request to allow a residential use in a business zone (OP, N$, OB), I ac.knowl~:di;e that sugh use
may be incompatible with current and future uses on properties in my vicinity..
owner's signature: Age~'s~s~nature: "' ' ~-~_."""'
Fees paid: $
Received by:
PEARLAND CITY
LIMITS
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SUBURBAN DISTRICT
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1
OF 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 / issues, as follows:
No. Date 19
N o. Date 19
No. Date 19
N o. Date 19
'/f~Edito~
Subscribe and sworn to before me this
19 ~2/Q0
~lC ~EARING OF THE CITY
COUN'C~L 'AND:THE i'LAN,
.~.ndmeela..nBing~md. Zomg
~earfand, Brazoria and Harris"
:ounties, 'TexaS, will conduct .:
Jo!nt Public Heating in tl~e
· ouncil Chi~mbers City Hall,
519 Liberty Drive, Pearland,
exas, on the mqljest of
uby Wright, agent for James .
'. GustarsOn, ownqr., fo~ an. '
'....~.~....,..:. :.:. .
:aqdi. portu~m/
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 ---L issues, as follows:
No. Date 19 ~
No. Date 19 .,
No. Date 19 __
No. Date 19 ~
Subscribe and sworn to before me this
19 ~2>
as
Laura Ann Emmons, Publisher
crrY
NING AND ZONING COM-
,,'MISSIONOF THE CITY OF
'*.PEARLAND, T.EXAS
Notice is hemby'giv~ that!on
the 13th day of July, 1998;'at
t.ti:30 p.m.. the City Council, -
~.~nd the Planning and Zoning .:
. Commission of the City of :. . ·.
.'~our~'tie~,¥~ti,'.~v'illConduct :.:: ':
k ~J(~iht 'P, ubli~ H~aring
.~ounc Chambers, City Ha I, .:
'i3~i 9 Liberty Dri~/e, 'P~adand, .-
>T. exas, on the request of · :. '
I~uby Wright, agent for James.
"W, Gustarson, owner, for an '
.~,6,ffiendment. to the Land Use
Development
ifrom~
Loffing
July 18, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 317
Request of James W. Gustafson, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development (SD)
to General Business District (GB) on the following described property, to wit:
Part of Lot 2, Blk. 10, Allison Richey Gulf Coast Home Co., subdivision, according
to the plat records of Brazoria Co., TX
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 Scott and seconded by Commissioner Mathis to approve
Application No. 317.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission