Ord. 509-145 06-23-97ORDINANCE NO. 509-145
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 5O9, 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 46C1, A .5 ACRE TRACT IN THE F.B. DRAKE SURVEY, A-504, (TAX
ACCOUNT #: 05040070120), BRAZORIA COUNTY, (6709 BROADWAY)
(APPLICATION NO. 212) FROM CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF ROBERT GARY FORREST & GARY WAYNE FORREST & CRAIG
ALLEN FORREST, 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, Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner,
filed on April 7, 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 9 th 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 9th 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 Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest,
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 9, 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 Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, 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).
Lot 46C1, a .5 Acre tract in the F.B, Drake Survey, A-504, ( Tax Account #:
05040070120), Brazoria County, Texas. (6709 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
2
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
reclassi~cation of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-145
TOM REID
MAYOR
ATTEST:
E; th sda
SSED, APPROVED, and ADOPTED on Second and Final Reading i;~~- y
of JJ ,1997.
ATTEST:
TOM REID
MAYOR
APPR~VED AS TO FORM:
lot: ...... Blade: Sub61viSion:
Metes & Bounds De~rtiXiOm
(unpla~ prof~rty on]y: alU~h curve)
Tax I.D. nun~r:
Proposed use of Is_N! within requested desigraltoe:
Z2:55 No.COg P.O2
Owner's tel_C_pimne number:
Ageal's ninl¢:
Ag.,e..m_'_m. maliinZ address:
I .........
^.g~rs telepho,~ number:
PITTITION:' As owncrtagenl. I hereby pOUttOu dg City for ,.pprovtl oE the mbovc dcscribod request u
provided hy the laws of the Stalc of Texu and Ordinances of |he City of Pcmland, *On a Specific
' Perrail request to mllnw a remidettisl u~c in m ~mmirr.~ 7~m.. (OP. NS, OIl), I Icknowledle that such use
my !~ incompatible wilh curmrd and future uses 08 properde~ in my violniP/.
. ',."""" .".':"".'~~Z..... W,,; ,a' ,,...:', .,.-,-,.: -~~.....
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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. / .~t~ _~- 2-~ ~ ~?
No. Date 19 __
No. Date 19 __
No. Date · 19 __
No. Date 19 __
Subscribe and worn to before me this
~/~
Editor
day of
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 19 ~
Subscribe and worn to before me this
19 53r/
Editor
day of ~F,4,~
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 19
No. Date 19
No. Date 19
Subscribe and worn to before me this
Editor
?' ?-- day of C//'/t~
Laura Ann Emmons, Publisher
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 19 __
No. Date 19 __
No. Date 19 __
No. Date 19'
Subscribe and worn to before me this
19 ?f7
Editor
7_. ?__ day of ~
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 19 ~
No. Date 19 ~
Subscribe and worn to before me this
Editor
day
Laura Ann Emmons, Publisher