Ord. 509-123 04-13-97ORDINANCE NO. 509-123
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 6.312 ACRES OF LAND SITUATED IN THE NORTHEAST ONE-
QUARTER(NE 1/4) OF SECTION 17, H.T.&B R.R. CO. SURVEY, ABSTRACT
242, BRAZORIA COUNTY, TEXAS, 7408 BROADWAY ST. ( APPLICATION
NO. 110) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF FRED
AND SHARON HERNANDEZ, AGENTS FOR JOSE C. RODRIGUEZ, 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, Fred and Sharon Hernandez, agents, for Jose C. Rodriguez, 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 10th 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 1 lth 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 Fred and Sharon Hernandez, agents, for Jose C.
Rodriguez, 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 10, 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 Fred and Sharon Hernandez, agents, for Jose C. Rodriguez, 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 6.312 acres of land in the Northeast ~ (NE 1/4) of Section 17, H.T.
& B-' R. R. Co. Survey, Abstract 242, Brazoria County, Texas (7408
Broadway St.).
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. 509-123 ~
PASSED, APPROVED, and ADOPTED on First Reading this
c'~d,/tQ, b , 1997.
%"~R~ID
MAYOR
day of
ATTEST:
IWNTE~/RRD~ SECRET~~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this/¢~day
of (~~ , 1997.
ATTEST:
IV~TERIM Y SECRETARY'
TOM REID
MAYOR
APPR VED AS TO FORM:
ES MCCULLOT
CITY ATTORNEY
"EXHIBIT "A""
CITY UF PEARLAND ID:713-48~-8764 DEC '~u'96 12:02 No.011 P,02
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: "' .:-: ......."-'--'~'-'- :'-."-:. .....': ':: "" """"- ":' ............""-"-' .....:""'"" ": .........................""'
' ' x Change in Zoning (21a.~fifleaiinn tr0m:Suburbat~ Dev~L,,~Ptaettt'tO: ,,,,
Change in RcgulHtion., i. Scootion t/: ...... - .......
...... =. ""l '"';;'"" ': ....... "'
}l~w Md~=ss: 7408 Broadway, PmarlgDd, TexaS, 7Z581
Property addless' Old A~ress: 5126 Fro, Rd. 518 WeStL..Pearlaud, Texa~ ...........
Metes & B~a Description:
(unplatt~ pro~M~ only~ at{aeh surv~)
~4. T, & B. RR Survey, sect, 17,
(See attached description of 6,312 acres)
Tax I.D. number:
434-54-694~ (Joee C. Rodrlguom - Owner)
Ptoin, sed use of land within requested deaigtmtion:
Day Ca~e (e~.i..~t~ng) and Golf Driving
Range,
Record owa~r's mmlc:
Jose C. Rodri~uez
Owner's maillnS...afi_dress: P,e. z, so.,.. 65Y,. _gan sem~.~'-. T~as 785:S6
Owner's telephone number: ZiU-399-9~41 and ZlO-399-3ZO0
Agent'~ mailing addtees:
740R BYn~aw~y Street, Pearland. Texas
Agenrs telephor~ number: 713-997-2061
PRTITION~ A.~ nwner/aganl. I hereby ~lillon the City for approval of lhe a~e de~nriMd ro4,,est
provided by Ihe laws of file State of Texas aM Ordinances of me City of PearlaM. *On
Permit re, que$i ~o allow a residential uso in a busll~s zo!~ tOP, N8, OB), I a~knowledgo ~at sueIx use
may ~ ineonipafible wilh current and h~ne uses on pro~rfios in my violtfity.
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