Ord. 509-171 10-27-97ORDINANCE NO. 509-171
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 .056 ACRE OUT OF LOT 34 OF GEORGE W. JENKINS
SUBDIVISION (LOCATED IN JAMES F. PERRY/EMILY M. AUSTIN LEAGUE ABSTRACT
111), BRAZORIA COUNTY, TEXAS. (SPECIFIC USE NO. 58) FROM THE CLASSIFICATION
OF GENERAL BUSINESS (GB) TO GENERAL BUSINESS SPECIFIC USE (GBS) AT THE
REQUEST OF SOUTHWESTERN BELL COMPANIES, PETER S. THOMPSON, AGENT FOR
HOUSTON PINE HOLLOW ASSOCIATES, LTD. ,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, Southwestern Bell Companies, Peter S. Thompson, agent for Houston
Pine Hollow Associates Ltd., owner, filed on August 1, 1997, an application for
amendment pursuant to Section 28 of Ordinance No: 509, the Land Use and Urljan
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 22nd day of September, 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 23rd day of September, 1997, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Southwestern Bell Companies, Peter
S. Thompson, agent for Houston Pine Hollow Associates Ltd., owner, whereby the
Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of General Business (GB) to
General Business Specific Use (GBS); 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 October 13, 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 Southwestern Bell Companies, Peter S. Thompson, agent for Houston
Pine Hollow Associates, Ltd., 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 General Business (GB) is hereby for all
purposes changed and reclassified as General Business Specific Use (GBS); such
property being more particularly described as:
.056 acre out of Lot 34 of George W. Jenkins Subdivision (located in James
F. Perry/Emily M. Austin League Abstract 111 ), 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.
- 3
ORDINANCE NO. 509-171
PASSED, APPROVED, and ADOPTED on First Reading this /~'~,~day of
(~c/~-~.,k_O--,-~ ,1997.
TOM REID
MAYOR
ATTEST:
(:~S~ARY
,1997.
TOM REID
MAYOR
ATTEST:
APPR ED AS TO FORM:
~ES MCCULLOUGHT
CITY ATTORNEY
I __ C.ang~ ,n Zo,,i,,g C~assmcation fron,:(5 6,o: G ,3 S'
Change in Regulations in Section//:
'F ~-Le- tw,"""'~...,'`'~'~'b~a,~ F't{x:,~.,,'~d I ~~ r<.t,~.~.~
S~cific Use for: *
~HIBff
Property address:
Lot: ,5 q Block:
Metes & Bounds Description:
(unplatted property only: attach survey)
Subdivision:
e. ,~--~,~ c at',', a.,,/.-'-_,c
Tax I.D. number:
Proposed use of land within requested designation:
/2~,,'h ~, re... T'eA,,.,,.., ~.x..
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
le~_C'?E' (.,tes, ~. ~ .3',~,~lb.t- { $,..--~ Z3o
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
Inay he incompatible with current and future uses on properties in my vicinity.
()wncr's s~gnature- < '
Agent's s
[:cu'~ paid: $ Date paid:
,!
ZONE C ~ ~ 200'
O.O56
//ZONE c//'
/
/
ZONE GB
ZONE R-4
\
/--x, / /<, \~
R-3 MEDIUM DENSI,'T'Y S~NCLE FAMILY DWELL!NC
DISTRICT
R-4 MAXIMUM DENSITY SINGLE FAMILY DW-_.LLINC
DISTRICT
GB GENERAL BUSINESS DISTRICT
C COMMERCIAL DISTRICT
S SPECIFIC USE PERMIT
ZONE
HOUSTON PINE HOLLOW
ASeCX~TEe
ZONE CHAHGE
FROM
GB TO GB (8)
~Cn L~G tT-tO~7
IIIIIt
/
./
3,200,000
Peorlond 19~I C/Yy
HODGE MASON
tO00
ENGINEERS, INC.
tO(X)
.SCALE
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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
No. Date
19
19.
No. Date
19
Editor
Subscribe and sworn to before me this
Notary Public, State of Texas
Laura Ann Emmons, Publisher
OUNCII; AND THE PLAN-
AND ZONING COM-
SSiON '0F T!~"I~ITY OF
and
:conduct 4.. ,t(~'~t Public
' :'General Business Specific
:~Use (eBS) on Ihe Mowing
.056 acres ~1 ~
said hea~ all
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 noti.ce hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazori~ and Harris Counties, for /~ · issues, as follows:
No. Date 19
No. Date 19
r o.
Subscribe and sworn to before me this
19 '~q
Editoh_/_~r/?,n/%~3
day of y/~)Z'
L ~ Publish'~'r
NOT]CEOFAJOINTPUB,
~ HEAReJG OF THE CITy
COUNCIL AND THE PLAN-
iilNG AND ZONING COW."
MISSION OF THE CITY OF
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PEARLAND
T E X A S
lg D�
September 23, 1997
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 58.
Request of Southwestern Bell Companies,Peter S.Thompson,agent for Houston Pine Hollow
Associates, Ltd., Owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from Classification General Business (GB) to General Business
Specific Use (GBS) on the following described property, to-wit:
.056 acre out of Lot 34 of George W. Jenkins Subdivision (located in James F. Perry/Emily
M. Austin League Abstract 111), Brazoria County, TX.
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on September 22, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Mary Starr, and seconded by Commissioner Jack D. Mathis
to approve Specific Use No. 58.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Syterely,
Va6 mpPat Lo ez, Cl an
Planning & Zoning Commission
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 • www.ci.pearland.tx.us