Ord. 509-126 05-12-97ORDINANCE NO. 509-126
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 LOT 2, BLOCK 1, GABRIEL ENTERPRISES SUBDIVISION,
APPROXIMATELY .5165 ACRES, RECORDED IN VOLUME 19, PAGES 291-292
OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS. (APPLICATION
NO. 114) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF LEO J.
GABRIEL III, 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, Leo J. Gabriel III, owner, filed on December 10, 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 14th day of April, 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 15th day of Apdl, 1997, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application of Leo J. Gabriel III, 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 District
(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 April 28, 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 Leo J. Gabriel III, 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 reclassffied as General Business District (GB).
Lot 2, Block 1, Gabriel Enterprises Subdivision, approximately .5165 acres,
recorded in Volume 19, pages 291-292 of the deed records of Brazoria County,
Texas.
II.
The City Council of the City of Pearland finds and determines that the recitations in
the preamble hereof am 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.
PASSED, APPROVED, and ADOPTED on First Reading this
~ day of
~ ,1997.
TOM REID
MAYOR
ATTEST:
iNW~ET~EN~ SECRETARDODOD~F//f~~(,~r
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~ry~,~,~ ,1997.
ATTEST:
~uIVfREID
MAYOR
AR~VED AS TO FORM:
CITY AT~ORNE~ '~
4
C'hange in 7oning Classification from:
__ Change in Regulatiom in Section g:
Specific Use for: *
Property address: ,L r,X ~ --/
Lot: ~ Block: ]
Metes & Bounds Description:
(unplatted property only; attach survey5
Tax I.D. number: ?\3 j%X
Proposed use of land within requested designation:
Subdivision: Go ~/x i e I
Record owner's name:
Owner's mailing address:
Owner's telephone number:
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: ~O,.~
Fees paid: $ b3
Rccct~cd h~ yf"~'. ~ "T'.- ~' .2.
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Agent's signature: ~ i ~
Application number::, ",';, ,". ,",;' {:.. $;'::,~:%:. :' .'
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SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY
COMMERCIAL DISTRICT
DWELLING
DISTRICT
REVISED: 2\17\97
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