Ord. 509-173 12-08-97ORDINANCE NO. 509-173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 SEVERAL TRACTS OF LAND BORDERING F.M 518
(BROADWAY) AND PEARLAND PARKWAY AS EVIDENCED BY THE METES
AND BOUNDS OF THE DEED RECORDS, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 234) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-2) TO GENERAL BUSINESS (GB) AT THE REQUEST
OF ML PARTNERSHIP, 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, ML Partnership, owner, filed on September 11, 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 10th day of November, 1997, 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 11 th day of November, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by ML Partnership, owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Single Family Dwelling District (R-2) 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 November 24, 1997, 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 ML Partnership, 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 Single Family Dwelling District (R-2) is hereby
for all purposes changed and reclassified as General Business (GB); such property being
more particularly described as:
A 4.5925 acre tract of land out of a 44.7362 acre tract of land, recorded in the
County Clerk's File No. 95-002978 of Brazoria County, Texas and being
situated in the Thomas J. Green Survey, Abstract 198, Brazoria County, Texas.
A 9.883 acre tract (Called 9.8895) out of the Thomas J. Green Survey, Abstract 198,
Brazoria County, Texas, being the same tract described in a Partition Deed known as
Lot 3 and denoted as Tr. D-18 of the April 3, 1959 revised partition of the J.J.
Settegast Estate.
A 9.883 acres tract (Called 9.8895) out of the Thomas J. Green Survey, Abstract 198,
Brazoria County, Texas. Being the same tract described in a Partition Deed known
as Lot 2 and designated as Tr. C-17 of the April 3, 1959 revised Partition of the J.J.
Settegast Estate, recorded under C.C.F. No. 94-032640 of the official records of
Brazoria County, Texas.
A 3.630 acre tract of land out of the A Called 5.8891 acre tract of land owned by
Richard Simpson and wife recorded in Vol. 290, Pg. 45 of the official records of
Brazoria County, Texas, situated in the Thomas J. Green Survey Abstract 198,
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.
This Ordinance shall become. effective after its passage and approval on second and
final reading,
ORDINANCE NO. 509-173
PASSED, APPROVED, and ADOPTED on First Reading this
November
,1997.
24th day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day
Of December , 1997.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
Change in Zoning Classification from:
Change in Regulations in Section//:
Specific Use for: *
EXHIBIT
Property address:
Lot: Block:
Metes & Bounds Description:.
(unplarted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Subdivision:
Record owner's name:
Owner's mailing address:
Agent's mailing address:
Owner's telephone number: } p (/
Agent's name: /4`//A
Agent's telephone number:
/"/7 / ////4' ?'3-e ;fly
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
m:ZZ ' ' ' and ture uses on properties in my vicinity.
Agent's signature:
P': ,~q-5~~2)' C C) Date paid: 4'~//9t 7
Fees aid $
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SLB!J:eAN DISTRICT BUS;r',iEES
LO'N 5ENS:,TY SINGLE :'/".V',LY DWELLING D!ST::CT
MEDIUM DENSflY SINGLE ;.AM;L'f' DWELL,,'qG
:x:b iR~CT
~ ,~ DE, S;7Y SINGLE FAMILY F"~"rA'~'"FF ,.2, WELL: ~'
,., _ .s ,, N
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OFFICE ArqD PROFESSIONAL D!STRICT
',,%ENERAL BUSINESS DiSTRiCT
City of Pearland, Texas
Mr. PA/~rNE~ISHIP
ZONE CHANGE
FROM
R-2 TO GB
F
EXHIBIT
AFFIDAVIT OF PUBLICATIONj /f
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 / O' '?-"2_ 19 ,'7 '7
No. Date 19
No.
No.
Date
Date
Date
19
19
Subscribe and sworn to before me this
19 ,~t?
~'AEditor~
day of
Laura Ann Emmons, Publisher
COUNC~i. Ji)ID THE PL.AM-
NING AND ZONING
,MeffAON_OF THE CRY OF
Ihe lath ~y of Novamber~-
Zon.lng ~ of t~
Harris Courtlies. Texas.
conduct a Joint Public
Partnerlhip. lwner, for, IW
rand. Ut~a~..~Developm. ent
Ordinance ~tsaid City"from
Clas~ication. Single Family
Chveir,t Unit (R-2) to General
'bdsiness (GB) on the follow-
Being several tracts' of land
bordering. F.M. 518
(Broadway) and Pearland
Parkway as evidenced by the
bounds o~ ~e Deed Records,
. An application and ~ are
'ef~:losedbryoufinfotmation.
-At said hearing all interested
parties shall have the right
and o¢~oottunlly to appear and
/ oung Long
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:
Z,/4-n rr-,L-kl
Editor
Subscribe and sworn to before me this J~ day of
Notary Public, State of Texas
Laura Ann Emmons, Publisher
:' AND ZONING COM-
i~G
'-" OF THE CITY OF
-'
~' ~e ¢Olh cley of November,
f ·
.,, ggT, et 8:30 p.m., the City
,' .~oning Cornminion el
,, eondget. 8 .Joinl Public
'" j/ring In the" C0uncfi
~ ¢qambem, .City Ha!l, 3~19
~ .ib~rty Drive, Pearland,
t ~Lewis, agent, fof ML
.,, PLrtnershjp, owner, for an
~ ar~ndment to me Land Use
,' amJ Urban Development
,, O~inance of said City from
'~ C ~ssification Single Family
o, Cieging Unit (R-2) to General
:,~ hsiness(Ge)o~thefottow-
.,, eral tracts of land
.,
,~ F.M. 518
:,' (Broadwey) end Peerlend
· ' Parkway as evidenced by me
- ~Co.,TX