Ord. 509-163 09-22-97ORDINANCE NO. 509-163
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 LOCATED ON LOT 23 IN THE ALLISON-RICHEY GULF
COAST HOME CO. SUBURBAN GARDENS SUBDIVISION OF SECTION 8 OF THE H.T.&
B.R.R. SURVEY A-504, RECORDED IN VOLUME 2, PAGE 23 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS. (5523 BROADWAY) (APPLICATION NO. 216) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
(GB) AT THE REQUEST OF JO MAPLES, AGENT FOR BILLY E.' HOLLY, 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, Jo Maples agent for Billy E. Holly, owner, filed on May 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 25th day of August, 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 26th day of August, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Jo Maples agent for Billy E. Holly, 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 September 8, 1997, and
WHEREAS, the City Council having fully heard the testimony and argument of
interested parties, and having been fully advised in the premises, finds that in the case of the
application of Jo Maples agent for Billy E. Holly, 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:
Lot 23 in the Allison-RicheY Gulf Coast Home Co. Suburban Gardens
Subdivision of Section 8 of the H.T.& B.R.R. Survey A-504, recorded in Volume
2, Page 23 of the plat records of Brazoria County, Texas. (5523 BroadwaY)
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.
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. 509-163
PASSED, APPROVED, and ADOPTED on First Reading this day
TOM REID
MAYOR
ATTEST:
CI'Y SE~ETFARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ~./,~o_,.L-· ,,-, , 1997.
A'!'!'EST:
APPR~}ED AS TO FORM:
CITY A'!"ORNEY
TOM REID
MAYOR
...... ........... ..........._._..
__ Change in Zoning Classification ~om: %}to: 6 ~
Change in Regulations in Section #:
Specific Use for: *
Property address: .55,.7,3 ,d4..~-d.~,. t~ -
Lot: ~ 3 Block: ~,~ trd,7 ,.5'v4-/'/tm Subdivision: fl. X -" 13 X.R. do
Metes & Bounds Description:
(unplatted property only; attach survey5
Tax I.D. number: D ,5'b 9/ - 13 e 6, ,2 -z5 f'.f'
Proposed use of !and within requested designation:
.f
Record owner's name:
Owner's mailing address:
Agent's name:
Agent's mailing address:
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.
Owner's signature:
I:ecs paid' $
Rccci~,cd
Agent's signature:
Date paid:
22
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0
ZONE SD
BROADWAY
ZONE SD
>-
0
Cl'h' LIMIT LINE
ZONE SD ZONE C
ZONE SD
/
/
/
/
/
STREET
ZONE
/
/
/
/
/
/
200'
ZONE C
5523 BROADWAY
STREET
GB
SD
C
GENERAL BUSINESS DISTRICT
SUBURBAN DISTRICT
COMMERCIAL ,DISTRICT
/
/
/
/
/
/
/
/
4e
ZONE SD
200'
-
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ZONE SD
REVISED: 6/12/97
REVISED: 3/19/97
CIty of Pearland, Texas
ILLY E HOU,~f
ZONE CHANGE
FROM
8D TO GB
~ Ik.: Seel~ SHEET
H~RZ:I"-- 200'
~ 0~C.. 1996 VERT :1,, 1
eem IF, J.E.B. CAI) ~
C~k.e I'~.C.R. LONe96-1259 or 1