Ord. 509-124 04-14-97ORDINANCE NO. 509-124
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 10.3945 ACRES, BEING THE NORTHERLY PORTION OF PROPOSED
ALBERTSON'S-PEARLAND SUBDIVISION OUT OF LOTS 31, 32, 63, AND 64,
ALLISON GULF COAST SUBDIVISION OF SECTION 9, H.T.B.R. R. SURVEY,
ABSTRACT 234. ( APPLICATION NO. 199) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF TOM DECICCO, AGENT FOR
ALBERTSON'S INC. & PEARLAND PLAZA PARTNERS, 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, Tom DeCicco, agent, for Albertson's Inc. & Pearland Plaza partners,
owner, filed on March 5, 1997, 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 31st day of March, 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 March, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application of Tom DeCicco, agent, for Albertson's Inc. & Pearland
Plaza Partners, 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 March 31, 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 Tom DeCicco, agent, Albertson's Inc. & Pearland Plaza Partners, 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 District (GB).
Being 10.3945 acres, being the northerly portion of proposed Albertson's-
Pearland Subdivision out of Lots 31, 32, 63, and 64, Allison Gulf Coast
Subdivision of Section 9, H.T. &B. R.R. Survey, Abstract 234.
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.
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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.
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ORDINANCE NO. 509-124
PASSED, APPROVED, and ADOPTED on First Reading this ~-~ 15t' day of
/'/)/Z~ , 1997.
TOM REID
MAYOR
of
APPROVED, and ADOPTED on Second and Final Reading this
· 1997.
TOM REID
MAYOR
ATTEST:
AP~ROVED AS TO FORM:
CITY ATTORNEY
Change in Zoning Cla,:sific'.,tiun f~om. _ .~ L~
__ Change in Regulations in Section
Specific Use fort
-~ 1oe
Lot: Block:
Metes & Bounds Description:
(unphatt~d proix:try o~dy; attach ~urv~)
Sulxiivision:
Tax I.D. number:
Proposed use of land within requested designation:
Owner's telephone ranbet: qOb.5~5 .~,a)X5' "5t0- Z77.0q. St,,
Agen,'s telephone humOct: ~ 75~'. l i'~'3 '
t, EITI'IZ3N: As owner/agent, I netcOy petition the i2ity for approval Oftt~ above tlcst;dl.~d request as ,
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific
~d Asje~es ~ ~ C~ ~ P~
Bekg a 10.3945 m~ (4~2,783 square feet) tim of had bcitg ~ ~ ~ ~
~~ ~'s - ~~ 8 ~~~ om of ~u 31, 3~ 63, ~ ~ ~ ~ ~n-
~, A~ No. 2~, ~ ~, 'l~ ~~ to ~ ~ f~m Vo~ ~
BEGINNING at a l-jmhlnm pilm found for tbmmmrtlmmm eomer of Lot 3I ~_tlme
nonlrwwl omtomt or Lot 63 oftIra staid ,~dlbou4v~b~y 8ubdMmlm;
THENCI], South 890 2Y 51" East · 241.99 am to a l-inch ~ ~ ~ ~ouml ~
tlm ,r.4 tlm.~t oomsr of tlmm ~ Cox tract and tim nonImam. rexmint of tlmb tract;
1'IIENCE, North 89° 4Y 00" West - 1,236.25 fset along the s0id current city litnits line
apointlofth~soutlm, mm~~~;~~~intbo~..of-wa,/oitk~Rosd
Rod 10S) (60-foot ri~-of-~'a,/width);
TR!~CE, South gg* 4Y 00" F, mmt- 256.24 fsst to se/o,it~ iron rod met h' mm intmeim'
omma o£dmb tract;
TI!IZNC!~, South if)° 43' 000 F, mt- 737.~ k edos8 the mms~h line of mid Lot 31 to xhe
POINT OF BF.G~O and comaini~ 10.3945 aecs (452,783 squtrc fx~t) ofhud.
COMPILF, D BY:
State o~'Temms No. 43~
TOTRL P.03
__ Change in Regulations in Section #:
Lot: Block:
Metes & Bounds Description:
(unplaltcd ptotx:~ty uld.v; ~ttach sin'vet/)
Subdivision:
Tax I.D, number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
510- ZV7.0,45/o
i'E'rl.'[IUN: As owner/agent, I ncreDy. petition the City for approval or' the above dcscxibed request as
provided by the, laws of the State of Texas and Ordirmnces of the City of Pearland. *On a Specific Use
I c'cs l~a~d. $ I Date paid-
I '
.... ,...: .....-.
7'. .....'.,. ..... ;,..: ........ ~'.';":;'. '.':.~":':~'. :~:.'T v .'!':: , ,
l.'.cCclvcd b~' i.:l~[itLafi6~.nain.l~r..;.i'.5:.......'..:.:.,...v..~....~?:.,,... :~.., .. ::".:.. '
· a._~ ~ ..~ :' ........ 7.'::~ .. . . .g=.... .... . .... ' . '~ . L .....~... -~ ~. .......L.~---=..~:~z. =: -.:.~=- "-
"EXHIBIT "A""
Albertsoa 's · Pearland
Prol~sed A~mex~ion to ~e C~ of Pewfeul
10.5945 aon: (452,783 square f~'t) nact of land ~ tl~ nortln'ly portien of
C~t ~ ~y Su~~ of ~n 9, H. T. & B. ~ Co~
A~ No, 234, ~ ~, '1~ ~g m ~ ~ ~~ m Vo~ 2,
Br~ Co~ Pht ~; ~ 10,~5 ~ ~ ~ ~ ~~.
BEGINNING at a I -ingh into pipe found for the nintheast comer of Lot 3 ! and the
northw~ coma of Lot 6:~ ofth~ said ~Kid~y Subdlvlsiou;
THENCE, South 89o 23' 51" East - 241.99 ~ to a l-ind~g~ iron pipe lound for
th~ nott~ oom ofthe said Cox tract and the northea~ c, orn~r of this tt8~;
THENCE, 3,~ath - 435.(~5 ~ to a polm in thc ~o~,h line of z~kl lot 63 and th~ north
of Lot~r~~~of~~;~~~~h~;~~
c~y ~ ~ of~ C~of~;
TtiENCE, North 89° 4:3' 00" West - 1,236.25 f~ along the ssid cuffera city |;~d~s ~ ~o
a pint fo~ tl~ southwest torn~ ofthls ~; said cornst bei=6 in t~ tlSht-of-wsy dMax Road
(County Road 108) (60-foot rig~-of-way width);
THENCE, North 00° 06' 00" ~ - 97.00 ~ alou~ a lie in said Max Road to a pint
for the w~erly noffhwest corm~ of this tract;
THENCE, S<sth 89° 43' 00" East - 256.24 f~t to a %-inch iron rod set for an interior
corm of this tr4ct;
THENCE, North 00° 06' 00" East - 940,00 ~ to a ~/,-ir~h iron rod set for tt~ northe~
Horthwest oornn' ofthh tl~'t;
Texas S.~-,~ Azd M,~
Civil ~ - Land S~s
Smiford, T~
~b No. ~5-1
TOTAL P.83
47
N
48
-- --~)
CiTY UMff LINE
~ 11~50
ZONE SO
CITY LIMIT LINE
ZON -' , ;B
16 17 26
15
25
ZONE R- 1 ~
ZONE SD
W
W
T
bJ
30
ZONE GB
ZONE GB
BROADWAY STREET
ZONE GB
29
ZONE R-1
30 r~ I ',,p'~ .
ZONE GB 0
ZONE GB --J
> * ,,,~ ·
Z .....
ZONE GB
SD
R-1
GB
C
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
DISTRICT
CITY LIMIT LINE
II1:
ZONE SD
ZONE SD
63A
64A
23C
ZONE
C
o 7A -/' m
bJ O
Z
La, J
O Z
N O
'9
City of Pem'l~nd, Texae
AI..BERT~Na
ZONE CHANGE
FROM
8D TO GB
C~kd ly:-C,R. LONG 97--'1033
SHED
1
or I