Ord. 509-192 04-27-98 Failed FAILED
ORDINANCE NO, 509-192 4-27-98
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 4.00 ACRES OF LAND, MORE OR LESS, OUT OF THE
T.C.R.R. CO. SURVEY, NO. 3 A-768, AND BEING A PORTION OF LOT 2,
BLOCK 8, ALLISON RICHEY GULF COAST HOME CO. SUBURBAN GARDEN
SUBDIVISION ACCORDING TO THE DEED RECORDS, BRAZORIA CO., 'IX
(10655 MCHARD ROAD)(APPLICATION NO. 256) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL (C) AT THE REQUEST OF LARRY J. BALL, 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, Larry J. Ball, owner, filed on January 5, 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 9th day of March, 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 10th day of March, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Larry J. Ball, owner, whereby the Commission recommended and
approved a change of classification for the property described in Exhibit "A" from its existing
1
classification of Suburban Development District (SD) 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 March 23, 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 Larry J. Ball, 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 (C); such property being more
particularly described as:
Being 4.00 acres of land, more or less, out of the T.C.R.R. Co. Survey, No. 3
A-768, and being a portion of Lot 2, Block 8, Allison Richey Gulf Coast Home
Co. Suburban Garden Subdivision according to the Deed Records, Brazoria
Co., TX (10655 McHard 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.
2
Ill.
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.
3
ORDINANCE NO. 509-192
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 1998.
TOM`REID
MAYOR
i
ATTEST: r y'
' I.:-'
YOUNG LOAFING i,, °'.
CITY SECRETARY , c., t ,c
Ex
itikt . zj tir1
-
' !'� it„Zt - tea''
, ,' A s.
ASSE APPRO� D, and ADOPTED on Second -fi d F aF'Readtr g this day
of , 1998. tiM
fop; �: Ysi
ilt
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4,3 5f litt 0-
'y c,r TOM REID
., ' ,; ., NI YOR
ATTEST: `"
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YOUNG LORFING `'
CITY SECRETARY ,
APPROVED AS TO FORM: `'F'
DARRIN M. COKER
INTERIM CITY ATTORNEY
4
io'
,_ , ..
Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: e. Block: ~
Metes & Bounds DeScription:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
Owner's telephone number:
Age~t's name: '7{
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 wit rent and future uses on properties in my vicinity.
CLEAR CP'E"E'K
10
/,-,
ZONE SD
1 ZONE SD
ZONE SD
~ ~: 2 55 ZONE SD
M ~A McHARDROAD
ZONE SD
SD
C
SUBURBAN DISTRICT
COMMERCIAL DISTRICT
ZONE CHANGE
FROM
8DTOC
N'*' leu2,56Seek:
~d~.JAN.. 19~
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 ,,~ ,2J"' 19 '~ ~
No. Date 19
No. Date ~9
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19
Editor
day of~-(/l-~
~ . .,; "~ t..? ;(;'-,. ;~j~'~;':r'.~:~-':.'. ~"'~';~;
~". ~',,~~gz~a. ~'~" ".
J~-~. ~'.~ ?X:~_~ ........
~.,~ 3tary Public, State of Texas
Laura Ann Emmons, Publisher
-- ."':! NOTICE OF A'~)~B- '
'~,~
: LICHEARING.0FTHECITY..
COUNCIL ~ND'THE:PLAN- ·
'. ~i' N°tiCe'iShe~ebYgjv~n~th~ii~n
7;. the gth day. Of March, 1998;at
- ' ~ 6:30 p.m., the City Council"
· ~: and the Planning and Zonin9
i! :" : ~' Commission of the City bf
~ Pearland; Bmzofia and Had'is
:~ Council Chambers: ~::H~II;
:' 3519 Liberty Drive, Peadand,
, Texas on t~e request of Mr.
~ LarryJ Bal~,oW~i:~r;.'fb~e. "'
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' , Young Loding :' '. :' ·
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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
N o. Date 19
No. Date 19
Subscribe and sworn to before me this
19
Editor
day of
Laura Ann Emmons, Publisher
:NOTi(;E!OFAj~~!
NING AND ZONING COM~
PEAR~D~T~AG~' :~ :'
;; ;:~i~*:~is~by givensthe. on:
"megrob;daY of Ma~, :1 9~8,
6~0 p:~., the Ci~c~uncii ::
and the PInning and Zodin9
Commission of the Ci~ of
Peadand BmzodaandHards
.'~ La~ J ~I :'o~er, ~r'a~
:']~ amendment:tomi~ndU.
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;'~ Ci~.if~UOn'Subuman' .
:.:',~. D~elopment'(~d) ' .'
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March 10, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 256
Request of Mr. Larry J. Ball, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District (SD)
to Commercial District (C) on the following described property, to wit:
Being 4.00 acres of land, more or less, out of the T.C.R.R. Co. Survey, No. 3 A-768, and
being a portion of Lot 2, Block 8, Allison Riohey Gulf Coast Home Co. Suburban Garden
Subdivision according to the Deed Records, Brazoria Co., TX (10655 McHard Road).
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 9, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Vice Chair Emil Beltz, and seconded by Commissioner Jack Mathis to approve
Application No. 256
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Pat Lopez, CZ~
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 · www. ci.pearland.tx.us
irpt,
1.
9Q
Young Coming PEARLAND
City Secretary
(281)485-2411 x341
Telecopier(281)485-1106
May 27, 1998
Mr. Larry J. Ball
10123 Sagemill
Houston, Texas 77089
Dear Mr. Ball:
On April 27, 1998, the City Council considered the recommendation of the Planning and
Zoning Commission to deny Application No. 256 requesting the change of the
classification of certain real property from the classification of Suburban Development
District (SD) to Commercial District (C). The City Council voted to deny Application No.
256. Therefore, no change will be made in the classification of the real property as
requested in Application No. 256.
Sincerely,
7oun Coning
y Secretary
YUIch
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 • www.ci.pearland.tx.us
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BUYER Sheila J. Bell and, - ) -
Larry J. Bell
DESCRIBED PROPERTY Being 4 . 00 acres of land, more ,,-.)r I.esq rAlt of zhe
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T.C.R_R . Co. Survey , NoA , Abstract _ 678, 1BrA.L,-)ria Couty , .
Texas , and belng ,=: port: cn of Lot 2 ; 1;-: L'dook 8 , of ALLISON-
RICHEY GULP COAST HOMY.; COMPANY ' S SUWJRAN GARDENS SUBDIvISIcM , 1
according to the 21at recorded in Volumc,, 7 , 7age 99 of the e(-,d I
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