Ord. 509-141 06-09-97 ORDINANCE NO. 509-141
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
A 188' x 523.9' TRACT OUT OF THE WEST 1/2 OF LOT 48, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 19, HTBRR CO. SURVEY,
A-243, RECORDED IN VOLUME 2, PAGE 230 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (8013 BROADWAY (APPLICATION NO. 196)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF EMIL
HRBACEK, 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, Emil Hrbacek, owner, filed on September 4, 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 'W'; and
WHEREAS, on the 12 th day of May, 1997, a joint public headng 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 13th day of May, 1997, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Emil Hrbacek, owner, whereby the Commission recommended
and approved a change of classffication for the property described in Exhibit "A" from its
existing classffication of Suburban Development Distdct (SD) to Single Family Dwelling (R-1);
1
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 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 Emil Hrbacek, 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 prope.rbJ 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 Single Family Dwelling (R-l).
A 188' x 523.9' tract out of the west 1/2 of lot 48, Allison Richey Gulf Coast
Home Co. Subdivision, section 19, HTBRR Co. Survey, A-243, recorded in
Volume 2, Page 23 of the Plat 'Records of Brazoda County, Texas (8013
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.
2
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 Distdct Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the
reclassffication of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-141
PASSED, APPROVED, and ADOPTED on First Reading this
1997.
/~/~'/'/day of
3
MAYOR
ATTEST:
(S~GEC ET~~A~~/
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
Of ~,.f...-' , 1997.
ATTEST:
TOM REID
MAYOR
APPliED AS TO FOR~:
MY.~~M~TESMf~CCULLO~H~~
cr'l~Y AT'ORNEY ~
tel 3~St96 . '."."';':' :"";{'~"'!:e..,':"":; )~"7' ""
· Change in Zoning Classification from: ,,C/) to: ~ ' !
~ Change in Regulations in Section #:
__ Specific Use for: *
Property address: ~ {9 / ~
Lot:./~.f. ,/g- Block:
Metes & BouMs Description:
(unplatted pro~rty o~y; aaach su~ey)
Tax I.D. number:
t,,,,,, ,~
Subdivision: h/ran,,, C, 5~_.~,, ~
c 2 '-/.3 t'/ it'll/ f L
/tcr,,~.2, Ooc)
Proposed use of land within requested designation:
,¢ lr;.,~ /e
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
z/8;X"- 9.,¢-7p
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.
Recei,.ed b,,,' :,~Z/ q/G-//t¢~.,
Agent's signature:
Date paid:
LOT 51
<~
0
ZONE R-1
CITY LIMIT LINE
LOT 32
ZONE SD
BROADWAY
ZONE SD
/
//
//
//
//
ZONE SD ///
/
TREET
8018 BROADWAY
STREET
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
/
/
/
/
/
/
/
, N
CITY LIMIT LINE
I
LOT 47
LOT 63
200'
(TYP.)
d
LOT 48
i
LOT
ZONE SD
64
ZONE SD
...,/
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REVISED: 4/18/97
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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 noticd hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper o~ general
circulation in Brazoria and Harris Counties, for J issues, as Iollows:
No. Date
No. 'Datc
No. Date
No. Date
Subscribe and worn to before me this
0/~ Editor 'n~
2- (-/ day of ,//
Laura Ann Emmons, Publisher
off
3519 Liberty Drive · Pearland, Texas 77581-5416
(281) 485-2411 · Fax (281) 485-8764
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PIANNING AND ZONING COMMISSION
OF ~ CITY OF PEARLAND, TEXAS
Notice is hereby given that on the 12th day of May, 1997, at 6:30 p.rrt, the City Council and the
Planning and Zoning Commission of tl~ City ofPearland, Brazoria and Harris Counties, Texas,
will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3 5 19 Liberty Drive,
Pearland, Texas, on the request of Emil Hrbacek, owner, for an amendmere to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development (SD) to
Single Family Dwelling District (R- 1 ) on the following described property, to wit:
A 188' x 523.9' tract out of the west 1/2 of Lot 48, Allison Richey Gulf Coast Home Co.
Subdivision, Section 19, HTBRR Co. Survey, A.-243, recorded in Volume 2, Page 23 of
the Plat Records of Brazoria County, Texas. (8013 Broadway)
At said hearing all imerested parties shall have the fight and opportunity to appear and he heard
on the subject.
APPLICATION NO. 196
OPri~ed on Reffcled Paper