Ord. 509-170 10-27-97 ORDINANCE NO. 509-170
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 1.550 ACRE TRACT BEING PART OF THE SOUTH 225 FEET
OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4, SECTION 14, OF THE H.T. &B.R.R. SURVEY, ABSTRACT 509, BRAZORIA COUNTY,
TEXAS. (3512 MCLEAN ROAD) (APPLICATION NO. 227) FROM THE CLASSIFICATION OF
SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF HAROLD D. GENTRY, AGENT, FOR MAJESTIC CHRISTIAN CENTER
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, Harold D. Gentry, agent, for Majestic Christian Center, owner, filed on
August 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 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, Harold D. Gentry, agent, for Majestic
Christian Center, 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 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 Harold D. Gentry, agent, for Majestic Christian Center, 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:
'1.
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:
1.550 acre tract being part of the south 225 feet of the east 1/2 of the northeast
1/4 of the northeast 1/4 of the northeast 1/4, section 14, of the H.T.&B.R.R.
Survey, Abstract 509, Brazoria County, Texas. (3512 McLean 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. 509-170
PASSED, APPROVED, and ADOPTED on First Reading this
/~Z.~ay of
,1997. ~
TO~I~E'ID
MAYOR
ATTEST:
/T~SGE L ARY
PASSED, APPROVED, and
of
ATTEST:
ADOPTED on Second and Final Reading this
, 1997.
TOM REID
MAYOR
APPR D AS TO FORM:
..,__._ Chan~c in Regulations in Section
-..-_..== Specific Use for: *
Property address:
Lot: A///~ Block:
Metes & Bounds Description:
(unplattcd property only; sltach
Tax I.D. number:
Proposed use or laod within requested designation:
Subdivision:
Record owner's name:
Owner's mailing a~ress: ,~l.s'/~/.~' I. ,a ,- Rd. / PPark~ ~ Te~ ~ ?s~ v
A~en( 's !cicpho~ humor: ~ Y/~ ~ ~ --/1 ~ ~
PETITION:' As owmrlmgcnt, I hc~by ~tition t~ City for mpproval of d~ m~vc d~ri~ rcqu~{ u
provided by {hc -laws of lt~c/talc of Texas and Ordi{~es of d~ City of Pcmrla~. *On m S~cific Use
i'e~mi{ m'cqut~s( iu allow a r~sidenmia) use ira, a busix~ss zom~ (OP, NS. GU). ! ~owi~gc tla( ~ch use
nlay I~ incomupalihle willm curten{ am~ rumurc u:~s OI1 prol~rtics in my vicinity.
ZONE R- l
ZONE R- 2
MAGNOLIA
ZONE R-2
CIT'f LII~T LI~E
ZONE R-2
t650 ACRE8
8612 MCLEAN RD.
.<
ZONE R-2
P-i
LO;.,',, DEH-SIT'( SIi'.]GLE F/-.:/.!: . E'..','E! ;.;r:c:,
ME[,,t.}M DEI',I-SITf' S f4,,a E , '-M!B ,
,',:['r,lFP/-,! r;u'SirIE%5 T.,,,"..ll..i
City of Pearland, Texas
MAJESTIC CHRISTIAN CENTER
ZONE CHANGE
FROM
R-2 TO GB
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
No. Date
No. Date
No. Date
No. Date
qn
19
19
19
19
Edito/,~_(//~r/?,~,)~,~
Subscribe and sworn to before me this
19 ,~r~
f P~' ~',.. . /
NING AND ZONING
the
1997. aT 6:30p.m:, the City'
~"~"
~6~'.,' .~ JN 'r ~'~Hc.
~iba,y D~vp,
Texas, 'e~. t~ re~es[ of
Ha~ D,'~n~, ~g~t,'~
Ma~ Chd~i~ Genter,
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Sout-h 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.
No,
No.
Date fi ' ?
Date ,;' ' 19
Date 19
Date 19
Date 19
Subscribe and sworn to before me this
19 ~F~
Editor
day of ,~~'~"'
.CQtmClL AND THE PLAN-
ill ,AND ZONIN~ COIl-
me 22.d day of ~r,
1997, at 6.-S0p.m, ~City
Zoning Commission of the
Hllrds Counties, Texas, will
conduct a Joint public
Hearing in tbe;!:-~u~cii:
.Chambers;* City
MaJe/uo ..~t.d.~tan' Crenter,.
~ land Use
g)!. . . -
. :,;~.....~ ;.
A I.E601¢~ Pa;~
1/20itheKk'tq~t
emzo~a, county, ~/~2"
McLea. Rd.)
At said hearing all interested
parties shall have the right
and oppomjnity to appear and
be heard on the subje~