Ord. 509-116 01-27-97ORDINANCE NO. 509-116
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 TRACT B - 0.249 ACRES OF LAND OUT OF TRACT 6, 0.878 ACRES OF
LAND OUT OF A 5.910 ACRE TRACT OUT OF THE WEST Y= OF LOTS 31
AND 32 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION
OF SECTION 9, H.T.& B. R.R. CO. SURVEY, A-234, BRAZORIA COUNTY,
TEXAS (2641 MAX ROAD- APPLICATION NO. 102) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
ON THE REQUEST OF JOE AND FRANCES SORIA, OWNERS; 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, Joe and Frances Soria, owners, filed on October 28, 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 9th day of December, 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 7th day of January, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application of Joe and Frances Soria, owners, 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 Commercial District (C); 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 January 13, 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 Joe and Frances Soria, owners, 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 Commercial District (C):
Tract B - 0.249 acres of land out of Tract 6, 0.878 acres of land out of a
5.910 acre tract out of the West ~ of Lots 31 & 32 of the Allison Richey
Gulf Coast Home Co. Subdivision of Section 9, H.T.& B. R.R. Co. Survey, A-
234, Brazoria County, Texas (2641 Max Road.)
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.
3
ORDINANCE NO. 509-116
PASSED,. APPROVED, and ADOPTED on First Reading this/y~"~ day of
,1997.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this~
of ~,~ ,1997.
ATTEST:
~T A R"'~=Y~T~'~/z
TOM REID
MAYOR
~day
APP//~VED AS TO FORM:
EXHIBil "A"
[ CH-Y OF .I}EARI.AND .'
ZONE C!IANGE APPLICATION
ii!~ .... revi.',cd 3.:5.t96
I1
· (' it:rob., In/,>n:ll,.,~ ("l:!,,il:,:;,.lhq~ i':~;;~| ..S D .............. h~
__ Change in Regulations in Section #:
__ Specific Use for: *__
Property address: ~, {t> t// f}q a,__ )(.
Eo: ~lock:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Io/ v /
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:D~e
Owner's mailing address:
Owner's telephone number:
775'g/
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:Z"'/,/;2; Agent's signature:
t ,
Fees paid: $ ~ Date paid:/Z?/,2 v; .,/L...~/__.&_:
(
u 17 '/
EXHIBIT "A"
/.-,
ZONE SD
SD
GB
C
mmm
ZONE SD
_<
Q
0.9368 ACRES
2641 MAX ROAD
CITY LIMIT LINE
5 0 /! ZONE GB
'
/
ZONE GB
Z
ZONE SD
2OO'
(TYP.)
BROADWAY
_J
cE 26.
16 17
25
15
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
ZONE GB
STREET
ZONE SD
29
_,J
Z
<
31
32
,'~*x*~,~
City of Pearlend, Texas
JOE I FRANCES 80RIA
ZONE CHANGE
FROM
8D TO COMMERCIAL
,~b Ii~: Seek,' SHEET
~ OCT., 1996 HORZ: ~ ', 200'
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' Frank Barringer, Tr. ~ ~F~~_~~~,~:~
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, EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1', Joan Cummings, hereby certify that the notice hereby appended. was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
r~o. / Date //' Z/---J
No. Date
No. Date
No. Date
No, Date
~ ...~
19
19.
19
19
Editor
Subscribe and worn to before me this
2./ day of
EXHIBIT "B"