Ord. 509-136 06-09-97 ORDINANCE NO. 509-136
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
1.79 ACRES OUT OF LOT 60, ALLISON RICHEY GULF COAST CO.
SUBDIVISION OF THE HTBRR CO. SURVEY 20 (F.B. DRAKE), A-506,
BRAZORIA COUNTY, TEXAS (8535 BROADWAY) (APPLICATION NO. 128)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF CHARLES R. SAVELL,
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, Charles R. Savell, owner, filed on December 9, 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 la~d 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 Chades R. Savell, 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
1
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 Charles R. Savell, 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).
1.79 Acres out of Lot 60, Allison Richey Gulf Coast Co.
HTBRR Co.
Broadway)
Subdivision of the
Survey 20 (F.B. DRAKE), A-506, Brazoria County, Texas (8535
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 Peadand finds and determines that the amendment
2
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-.136
PASSED, APPROVED, and ADOPTED on First Reading this/'~---~//day of
<~~, ,1997.
~OM REID
MAYOR
ATTEST:
of ~ ,1997.
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
TOM REID
MAYOR
APP,,~VED AS TO FORM:
A'~MMOTES MCCULLO~GH
CITY A'I TORNEY
Change in Zoning Classification from:
Change in Regulations in Section//:
__ Specific Use for: *
Tax I.D. number:
Proposed use of land within requested designation:
Record owner' s name:
'f vELC
Owner's telephone number: 7 Z ~ -- 4oC~,5'-':5'~ 7 ~x'
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 signature
45
!1.798 ACRES
s-mss s ° Dw 'Y
/
/
/
/
/
/
/
/
/
CiTY LIMIT LINE
200'
(TYro)
ZONE SD
ZONE SD
001
BROADWAY
27A
ZONE GB
6O
STREET
Z
27
CITY LIMIT LINE
II
SD SUBURBAN DISTRICT
GB GENERAL BUSINESS DISTRICT
lele IIC, Ill Nol~: I '- 200'1
Im t;,LE.8. r, to F,aZ:
CNd let C,R. LON0H--1239 0f I
946 725 ] 4,,t
.
· .
· m 'O
~S~: ~"
'
z,
z H
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Tcxas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and hlarriS Counties in the REPORTER NEWS, a newspaper el general
circulation in Drazoria and i-larri~ Counties, for / issues, as Iollows:
No. / Da~.e /-//- _~(..j
No. Date
No. Date
No. Date
No. Date
19_f_Q_
19
Subscribe and worn to before me this
19
Editor
day of(~/
NOTICE OF A JOINT PUB-
IJC HEARNG OF THE CITY
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND, TEXAS
Nokeishefebygive~thaton
the 12th day ol May, 1997, at
6.'30 p.m., the City Council
andateRmvi~andZo~ing
Commif.,"ion of the City of
psdand, lkazoda and Harris
Counties, Texas, will conduct
Council Chambers, City Haft,
3519 Lixmy Ddve, PeadBnd,
Taxak for an amendrant to
the Land Use and Urban
Developrant Ordinance of
said City trom Classificalk~
S~enmalBuine.(GB)on
8dxlhtm~ot Sec. 19.
HTBRR Co. Suwq. -243,
lmcoidld i~V. 16, P.~0of
,Legal DeicdptioA: 1,798
,ecmoddLoteO, Amson
Ricltey Gulf Colst Co.
8ulxlddondkl. rl!RRCo.
Jm35mced.my
psrties shsli have the dght
mdqq=akdymapiasand
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and 14arris Counties
I, Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Flarris Counties in tl'~c REPORTER NEWS, a newspaper of general
circulation in Brazetie and Harris Countics, ~or / i~sucs, as Iollow~:
~o. / c~to z/. ~,.,2
No.
No.
Datc
Date
No. Date
No. Date
19.
19
19_
Subscribe and worn to bcfore rne this