Ord. 509-143 06-09-97 ORDINANCE NO. 509-143
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 7 & 8, BLOCK 3, SKYWAY MANOR, BRAZORIA COUNTY, TEXAS
(2811 MANVEL ROAD) (APPLICATION NO. 134) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF THEODORE M. SLAFKA,
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, Theodore M. Slafka, owner, filed on December 31, 1996, 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 19 th day Of May, 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 ~ 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.
WHEREAS, on the 20 th day. of May, 1997, the Planning and Zoning Commission of
the C. jty submitted its repo.rt and recommendation to the City Council regarding the proposed
amendment application by Theodore M. Slafka, 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
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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 May 19, 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 Theodore M. Slafka, 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 Pearlend, Texas, and presently classified as Suburben Development District (SD) is hereby
for all purposes chenged and reclassified as General Business (GB).
Lots 7 & 8, Block 3, Skyway Manor, Brazoda County, Texas (2811 Menvel
Road)
II.
The City Coundl of the City of Pearland finds and determines tl;at the recitations in
the preamble hereof ere true and that all necessary prerequisites of law have been
accomplisheS and that no valid protest of the proposed change has been made. The City
Coundl further finds and determines that there has been compliance with the mandates of
law in the posting and presentation of this matter to the Plenning and Zoning Commission
and to the City Coundl for considera--tion and decision.
III.
The City Coundi of the City of Pearland finds end determines that the amendment
esopteS herein promotes the health, safety, end general welfere of the public end is a proper
valid exerdse of the City's police powers.
ff eny section, subsection, sentence, clue, phrase, or portion of this Ordinance is
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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 Secretanj 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. 509-143
TOM REID
MAYOR
ATTEST:
3
,1997.
A'FI'EST:
·--~~
TOM REID
MAYOR
APP,TVE~ AS TO FORM:
CITY AT'I'ORNEY
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Metes & Bounds Description:
(unplatted property only; attach survey}
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
Record own~r's name:
Agent's telep~ ~m~r: k C~~ .... ~ ~_.,
P~ITION~ As oer/agem, I ~reby ~tion ~ CiW for a~rov~ of ~ a~ve ~~ ~t as
provi~d by ~e laws of ~ S~te of Te~ ~ Ordi~s of ~e CiW of P~!~. ~n a S~i~c U~
Petit request to allow a resi~ntial u~ in a ~s zo~ (OP, NS, GB), I ac~wl~ge ~ ~h ~e
may ~ i~ompatible current aM ~mre u~ on pro~ni~ in my vici~W.
gent's ' nature:
Fees paid: $ ~///Z~ ' Date pai
52
ZONE GB
BROADWAY
STREET
ZONE SD
64
ZONE SD
ZONE OB
2811 MANVEL
ROAD
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Ld
ZO qE GB
ZONE GB
ZONE SD
LOT 5 C)~'~
'5
ZONE R-1
200'
(TYP.)
200'
(TYP.)
ZONE SD
'i
SD
R-1
GB
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
GENERAL BUSINESS DISTRICT
<C
ZONE SD
REVISED: 4./24/97
CltyofPeedend, Tem
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dated
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708
772
John R..Massey
708/109 160.0
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 ~ q 19 ~7/7
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19
Subscribe and worn tO before me this
19
Editor
day of
Laura Ann Emmons, Publisher
AEF: DAX/Vr OF pUBLiC/k1'ION
The pearland Reporter News
2404 South Paris
pearland, Texas 77581
State oi Texas .-
Brazoria and Harris Counties
::17~ Joan Cummings, hereby certily that the noticd hcrcby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a ncwspapcr el general
circulation in Brazoria and Harris Counties, [or / issues, as follows:
No. / Date
No.
Date
No. Date
19..____
No. Date
No. Date 19
Subscribe and worn to bolere me this
19
[ PublioNotlOe.. "1
Pearland, Brazoria and Harris
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chairs, City Hall,
3519 Liberty Drive, Pearland,
Texas, for an amandmem to
the. Land Use and Urban
Development Ordinance of
said City from Classification
Block 3, Skyway Mam~r;
Bmzoria County, Texas.
·
::'7 "'
HEAM~I=.~!iC ....