Ord. 509-188 03-23-98ORDINANCE NO. 509-188
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 0.25 ACRE TRACT OUT OF LOT 74, FIGLAND ORCHARD
SUBDIVISION, IN THE H.T.&B.R.R. CO. SURVEY, A-240, BRAZORIA CO., TX
(15031 HARKEY ROAD) (APPLICATION NO. 255) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB)
AT THE REQUEST OF JOSE R. DELACERDA, JR., 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, Jose R. Delacerda, Jr., owner, filed on December 30, 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 23rd day of February, 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 24th day of February, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Jose R. Delacerda, Jr., 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)
1
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 March 9, 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 Jose R. Delacerda, Jr., 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:
A 0.25 acre tract out of Lot 74, Figland Orchard Subdivision, in the H.T. & B.
RR Co. Survey, A-240, Brazoria Co., TX (15031 Harkey 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.
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. 509-188
[NTERIM
PASSED~ APPROVED, and ADOPTED on First Reading this
March ,1998.
ATTEST:
qth day of
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day
of March
ATTEST:
,1998.
TOM REID
MAYOR
~~/j~ i!~~'~T'
EL~T~Ry
APPROVED AS TO FORM:
CITY ATTORNEY
DARRIN M. COKER
Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
/
Lot: Block: ' ?'
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax l.V. number:
to: /~ lej - ]
Proposed use of land within requested designation:
aecordo, ner'sname:R.
Owncr's mailing address: ~ 4- ,2 ~-~r,,.,~
Owner's telephone number: ~[ ~- TM ., ~/
Agent's name: //Lt///~
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.
Agent's signature:
.'. ;A~Iic~tiofi aurabet:. c. ~-.5'-~' ~.~?~' :~ ::":~?~ :;¥:' . ". '.' "'
ZONE SD
N
ZONE R-3
ZONE
200'
Cr,'PJ
· 200'
0.25 ACRES
15031 HARKEY RD.
ZONE R-3
0 i
L.d ,
~ i ZONE SOi
ZONE SD
FITE
ROAD
I
i
I
SD
R-1
R-3
GB
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
GENERAL BUSINESS DISTRICT
f% P. Crow Jr
438,573 lO.O
,-
304 332 F ,: ~:rl
:d, R~ 9 ' ' I0 ~ 2~ ~ , State Savings B lOB
286/3 ~ ~ .c ' ~ ~ 67 -537 54.92 13
,=.0,~'~~~ ~.e ~, ~ o....,~,
· · Rog~s, Jr. ~ ~; ~ '
697~83 16.61 ~ ~ ~ . 78~
· C 9" Pearland ISD '75,
~ ~ ~ ~o-o
~ ~ I~ 'fe~soN
Laura Mas8ey LI I .~
708/108 . ~ '~ 5~
772/74 154.0 ,, ~ ~
~~ 58
5' '~5
nn R. Massey
'8 .,' 109 160.0
v/
GEO.
51
LOCATI(
THIS QUADR
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
EXHIBIT
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
Subscribe and sworn to before me this
19. ~)
Editor
Laura Ann Emmons, Publisher
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
EXHIBIT
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 me this
.... ,_,
Notary Public, State of Texas
Laura Ann Emmons, Publisher
~ NOTICE OF~ JOIl~ PUB-
· COUNCIL AND THE PLAN-
,~ING 'AND ZONING COll-
~ IISSION OF THE CITY OF
DEARLAND, TEXAS
~ iS hereby-ghmn thaton
he 23rd day of February,
998,at 6:30 p.m., the City
Zoning Commission of the
~ of PearlaM, Brazoria and
'lards.Counties, Texas, will
:onduct a 'Joint Public
· lea~ing in the Council
;ambers, City hall. 3519
.iberty Drive. Pea~'land;
Texas, on 6qe request of Joe
R. Delacerda. Jr., owner. for
an amendment to the Land
Use and Ud;xm Development
Ordinance Of said City from
Classification' -: Suburban
Devek~nt DisUtct (SD) fo
eenem~(Ge)onme
foeswin0, eee=~ prope.~,
...AO.25'.l~."lr~c?outo!Lot/4,
· ~.: ·
·
erlies shall have the right
nd opportunity to appear and
e heard on the Subject.
I'
~"~' ,4~" . "":'." '-~h 255