Ord. 509-121 03-03-97ORDINANCE NO. 509-121
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 1.00 ACRES OF LAND OUT OF 3.144 ACRE TRACT OF LAND OUT OF
LOT 23 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S
SUBURBAN GARDEN'S SUBDIVISION OF SECTION 8, H.T. & B. R.R. CO.
SURVEY, A-504, BRAZORIA COUNTY,TEXAS, SAID SUBDIVISION
RECORDED IN VOL. 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS, (6913 BROADWAY) APPLICATION NO. 96.
WHEREAS, Rudolph and Randy Martinez, owner, filed on September 11, 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 25th day of November, 1996, 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 26th day of November, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application of Rudolph and Randy Martinez, owner,
whereby the Commission recommended denying approval of a change of classification for
the property described in Exhibit "A" from its existing classification of Suburban
Devetopment District (SD) to Commercial (C); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and over-rode the recommendation of the
Planning and Zoning Commission by a super majority vote, at a regular meeting on
February 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 Rudolph and Randy Martinez, 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:
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 Commercial District (C)
1.00 acre of land out of 3.144 acre tract of land out of Lot 23 of the Allison
Richey Gulf Coast Home Company's Suburban Garden's Subdivision of
Section 8, H.T. &B. R.R. Co. Survey, A-504, Brazoria County, Texas, said
subdivision recorded in Vol. 2, Page 23 of the plat records of Brazoria
County, Texas (6913 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. 509-121
PASSED, APPROVED, and ADOPTED on First Reading this ~;~~day of
,1997.
TOM REID
MAYOR
INTE~SECRE~A~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ,~-~ay
of ~ , 1997.
ATTEST:
TOM REID
MAYOR
OAPPR i/V TES MCE/~b~'~~ULL~~UGH~4j~~
CITY ATTORNEY
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~' ' ~/' Change tB Z, otl. tt~ Classification [~om: .------ ........................
""""' Change in ~egutations in Section
Specific Use for: *
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
proposed use of land within requested designation:
SD
R-1
C
S
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number: 7//-~'/q/do f' Y¢3'-"3
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-
Agent's signature:~z
Owncr'~ signature: Date paid:
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SPECIFIC USE PERMIT
FAMILY DWELLING. DISTRICT
City of Peer~'~d. Texas
RUDALPH & RANDY MARTINEZ
ZONE CHANGE
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