Ord. 509-149 07-14-97 ORDINANCE NO. 509-149
AN ORDINANCE 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 LOTS A & B, SECTION 3, GARDEN ACRES, 2.61 7 ACRES OUT OF TRACT
36, H.T. & B.R.R. SURVEY, SECTION 7, A-219, AS RECORDED IN VOLUME 10,
PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. (5800
BROADWAY) (APPLICATION NO. 213) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT
THE REQUEST OF JOSEPHINE M. LEGGIO, 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, Josephine M. Leggio, owner, filed on April 6, 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 9th day of June, 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 10th day of June, 1997, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Josephine M. Leggio, 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 June 23, 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 Josephine M. Leggio, 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).
Lots A & B, Section 3, Garden Acres, 2.617 acres out of Tract 36, H.T.& B.R.R.
Survey, Section 7, A-219, recorded in Volume 10, page 77 of the Plat Records
of Brazoria County, Texas (5800 Broadway)
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. 509-149
1997. TOM REID
MAYOR
A'i'rEST:
~~, S~~
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
(~.~. ,1997. '//~"~,4-~
TOM REID
MAYOR
A'FrEST:
APPR~VED AS TO FORM:
AI~Q~MO~ES MCCULLOUG/~~
CITY A'I'rDRNEY
/Z/'~kday
Change in Zoning Classification from: 3 ~ to: C-Z,""" tld
__ Change in Regulations in Section//:
__ Specific Use for: *
Property address:
Lot: ,4 1' ~ Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey5
Tax I.D. number:
Proposed use of land within requested designation:
Record o,,ner's ~me:
Owner's mailing address:
Owner's telephone number:
Agent's name: Z%//./4,'
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 current and future uses on properties in my vicinity.
Agent's signature:
~?.~.t.~ ......... .~./._,(.~./...c/....'Z.. .......
............. : ..............
C
SD
R-,5
GB
,,(
BROADWAY
WEST
ZONE R-1
ZONE SD
ZONE SD
ZONE C
STREET
ZONE C
OAKS
200'
///' (TYP.)
LOT 18
FiOADWAy
STREET
CIRCLE NORTH
ZONE jR-3
.-. ; .
,,,,
rY
-r
COMMERCIAL DISTRICT
SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED
DISTRICT
GENERAL BUSINESS DISTRICT
DWELLING
ZONE C
CITY LIMIT LINE
I'
F
REVISED: 4\30\97
,,r..~,,,:9, 13
City of Peadanc~ Texas
JOSEPHINE LE~IO
ZONE CHANGE
FROM
8D TO GB
Jeb No,: S=ale: SHEET
OwR 81~-J,E.B. CAO
Chkd B~.C,R. LONG 96--1256 OF' I
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. / D,t..5'- 7_ / ~ 9 '7 q
No. Date 19
,o. D,t, ~9 __
No. Date 19 __
,o. D,t, ~9 __
Subscribe and worn to before me this
Editor
day
Laura Ann Emmons, Publisher