Ord. 509-138 06-09-97 ORDINANCE NO. 509-138
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
.3615 AC. OUT OF LOT A, WESTGATE PARK, A SUBDIVISION OF 9.575
ACRES OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY GULF COAST
HOME CO. SUBDIVISION OF SEC. 19, H.T.B.R.R. CO. SURVEY, A-243,
RECORDED IN V. 16, P. 220 OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS. (7933 BROADWAY) (APPLICATION NO. 124) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF LOUIS A. CORTE, 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, Louis A. Corte, owner, filed on November 8, 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 12 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 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 Louis A. Corte, owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classffication 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 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 Louis R. Corte, 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 reclassi~ed as General Business (GB).
.3615 Ac. Out of lot A, Westgate Park, A Subdivision of 9.575 acres out of Lots
47 AND 48 of the Allison Richey Gulf Coast Home Co. Subdivision of sec. 19,
H.T.B.R.R. Co. Survey, A-243, Recorded in V. 16, P. 220 of the Plat Records
of Brazoria County, Texas. (7933 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. 509-138
PASSED, APPRi3VED, and ADOPTED on First Reading this/~2~7_..//day of
~~.- ,1997.
TOM REID
MAYOR
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
.~/~L/_/ , 1997.
~EC~RY~
TOM REID
MAYOR
APP~
CITY
:OVED AS TO FORM:
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.. 1Y:OF p...EARi~I); ..'." .'..
"" ~ NE C!!Ah'Gg';AP. PLIC.~TION ~"
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.............. . , . _ ,.: ~' .';v'~.=, .,.: ,,,,.. · ., "= .'...=.....',_'.':..~
__ Change in Zoning Classification from: ..S'.-~ to:
__ Change in Regulations in Section #:
Specific Use for: * '~c----~ DzF,,~7'Z,~c.- -
Property address:
Lot: Vo ,4 Block:
Metes & Bounds Description: ,4 7-7//'o~
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Zov/ s /Z;,
Owner's telephone
Agent ' s name:
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.
Owner's signamJj/__/_~ ~ ~ Agent's signature:
Fees paid: $ ~ Date paid: //- ~, '~ ~,
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M-1
SD
R-1
LOT 51
CITY LIMIT LINE
LOT 32
ZONE SD
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.CITY LIMIT LINE
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LOT 63
ZONE SD
DWELLING DISTRICT
LIGHT INDUSTRIAL DISTRICT
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY
City of Pearlend, Texas
LOUIS A. CORTE
ZONE ~ANGE
FR
SD TO GB
Ha~Z:,', 200'
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7933 BROADWAY
STREET
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1', Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of gcncral
circulation in Brazoria and Harris Counties, for j issueS, as lollow5:
No. / Date ~/-
No. Date
No. Date
No. Date
No. Date
19@
19
Subscribe and worn to before me this
19 (P"~
Editor
day of(/~/
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Flarris Counties in the REPORTER NEWS, a newspaper o~ general
circulation in Brazoria and Harris Counties, for ] issues, as [ollows:
No. / Date Z-/,- 3(---.)
No. Date
No. Date
No. Date
No. Date
19_
19_
19...
19
Subscribe and worn to before me this
19
Editor
day of~,,/~,/
Laura Ann Emmons, Publisher
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State o~: 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, ~or / issucs, as follows:
~o. / ~to z/-
No. Date 19 _
No. Date 19 _
No. Date 19 --,---_
No. Date 19 ----_
Subscribe and worn to before me this
Editor'
day o1: (~2/
rING AND ZONING COM- !
18lION. OF THE CITY OF
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 PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Notice is hereby given that on the 12th day of May, 1997, at 6:30 p.nL, the City Council and the Planning and
Zoning Commission of the City of Pearland, Brazoria and Harris Counties, Texas, will conduct a Joint Public
Hearing in the Council Chainhen, City Hall, 35 19 Liberty Drive, Pearland, Texas, for an amendmere to the
Land Use and Urban Develotm~t Ordinance of said City from Classification Suburban Development (SD) to
General Business (GB) on the following described property, to wit:
Application No. 124
Owner: Louis A. Corte
Ageat: Non~
~ D~flption: .3615 Ac. out of Lot A, Westgate Park, a subdivision of 9.575 acreas out of
lots 47 and 48 of the Allison Ri~hey Cndf Coast Hon~ Co. Subdivision of S~.
19, HTBR. R. Co. Sm'v~y, A-243, recorded in V. 16, P. 220 of th~ Plat
of Brazoria County, Tc~as.
Addr~s: 7933 Broadway
Application No. 128
Owner: Charles R. Savetl
Agent: None
Legal Description: 1.798 acres out of Lot 60, Allison Riohey Gulf Coast Co. Subdivision of the
HTBRR Co. Survey 20 (F.B. Drake), A-506, Brazoria County, Texas.
Addre~: 8535 Broadway
At said hearing all intenst~ parties shall have the right and oppommity to appear and be heard on the subject.
Pntedon Recyded Paper