Ord. 509-182 03-23-98 ORDINANCE NO. 509-182
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 PARCEL OF LAND CONTAINING 9.901 ACRES, A
PORTION OF LOT 40 OF THE ALLISON RICHEY GULF COAST HOME CO.
AND FROM THE H.T.&B.R.R. SURVEY, SECTION 85, A-304, AS RECORDED
IN VOL. 2, PG 107, OF THE DEED RECORDS OF BRAZORIA CO, TX.
AP
( PLICATION NO. 242) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF KIM DURRE'I'r, 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, Kim Durrett, owner, filed on November 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 26th day of January, 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 27th day of January, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Kim Durrett, 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 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 Kim Durrett, 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 reclassi~ed as General Business (GB).
Being a parcel of land containing 9.901 acres, a portion of Lot 40 of the Allison
Richey Gulf Coast Home Co. and from the H.T. & B.R.R. survey, section 85, A-
304, as recorded in Vol. 2, pg 107, of the deed records of Brazoria Co, 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.
2
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. 509-182
PASSED, APPROVED, and ADOPTED on First Reading ::,~~.ay
Ivtarch , 1998. T~)'~R'~D'
MAYOR
A'I'rEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of March ,1998.
ATTEST:
TOM REID
MAYOR
23rd day
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
Change in Zoning Classification from: '~'8 to:
Change in Regulations in Section #:
__ Specific Use for: *
EXHIBIT
I n
Property address:
Metes & Bounds Description:
(unplatted .property only; attach survey)
Sulxlivision: S ld3,n-J, qa fi ~/7/,~rp,13 E-N5
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
77 S"gg- oS 7
Owner's telephone number: 2/~-~/-/'3~-/e~LDO
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 cu rent and future uses on properties in my vicinity.
Owner's signa~ie- Agent's signature:
Pees pa,d , Itr'N C / ~
' ': I Date paid:
Recuvcd by [ t Ot"
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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:
~o. ~t~ ~9
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19
<~'r~Edito~rrr~rr~
day of '~
NOTICE OF A JOIN~ PUB-
NING
the--~6th
wilt
:..,Public
the*Council
~,'City Hall. 8619
'* Uberl . .:.Poedandy'
Kim Durrett, for an
amendmentlothel. Ule
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urban
(SD) to
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:
N o. Date 19
N o. Date 19
No. Date 19
No. Date 19
Editor
Subscribe and sworn to before me this ~- day of
19 ~
i, LEGALS
__ da
,,F" y 'of January,
Harris Counlies, Texas,
conduct a. Joinl
Hearing in"
Chamber
Libeft,,
request of Ms.
Kim for an
and Urban
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Classification
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Gulf Coast Home Co.
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parties shall have the
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