Ord. 509-114 12-20-97ORDINANCE NO. 509-114
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 I - O. 1433 ACRES, TRACT 2, - 0. 1967 ACRES AND TRACT 3 -
0.4419 ACRES OF LAND OUT OF 0.7819 ACRES OUT OF 2.00 ACRES OF
LAND, BEING OUT OF THE WEST ~ OF THE NORTHWEST % OF THE H.T.
& B. R.R. CO. SURVEY, A-241, BRAZORIA COUNTY, TEXAS (7126
BROADWAY - APPLICATION NO. 103) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON
THE REQUEST OF RICHARD L. SPRADLEY, 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, Richard L. Spradley, owner, filed on October 29, 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 ~11 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 10th day of December, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation. to the City Council
regarding the I~rol3osed amendment al31~lication of Richard L. Spradley, 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 December 17, 1996; 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 Richard L. Spradley, 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):
Tract I -0.1433 acres, Tract 2 - 0. 1967 acres and Tract 3 - 0.4419 acres of
land out of 0.7819 acres out of 2.00 acres of land, being out of the West ~
of the Northwest ~ of the H.T. & B. R.R. Co. Survey, A-241, Brazoria
county, Texas (7126 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 separ'ate, 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. 509-114
PASSED, APPROVED, and ADOPTED on First Reading this
~ , 1996.
day of
TOM REID
MAYOR
ATTEST:
Y( A~A~
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this~"~day
~ , 1996.
TOM REID
MAYOR
ATTEST:
CITY ATTORNEY
EXHIBIT "A"
__ Change in Regulations in Section//:
__ Specific Use for: *
Property address:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
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/agem, 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 currein and future uses on properties in my vicinity.
- Owner's signatur;~~~7 Agent's signature:
Fees paid:'$ ~ Date pai,d,¢:../~/,,9:,, ~/e./', ,.,,. ~,; .../, .,....
EXHIBIT "A"
CITY LIMIT LINE
32
0.7819 ACRES
7126 BROADWAY-
STREET
ZONE,GB
ZONE SD
200'
ZONE GB ZONE GB /""'(TYP.)
BROADWAY STREET /
ZONE R-1
ZONE SD
Ld
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING
GENERAL BUSINESS DISTRICT
SD
R-1
GB
<
0
c~
Ld
DISTRICT
k
ZONE SD
CIty of PemlBnd, Texas
RICHMIDL~
8DTOGB
8eIe=OCT, t HORZ:I', 200° 1
Dee IFJr,B.
ClV, d I~*C.R. LONG 96--1211Otr I
C) Jon G. Hawk
I oa Fan Witl ,am~
'~ ~' --: :--~"'--' 17484889.98
I ~4 I 1726~70 o ~ m
PIPER S~I I ~0~ ' , ~ ~ ~ ~ '~ :
Burra e~ ~- Bill ~olle ~ .
R~t ~ D~k Alvin D~k ~ ~ ~ '
~~ ~~,.s II o, '
Frank ~rringer, Tr. I ~ _~~~ ~ '
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
i, 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 // issucs, as follows:
r, zo. /~t~ //- zo ~ %
No. Date 19
No. Date 19
No. Date 19
N o. Date 19
Subscribe and worn to before me this
Editor
day of ~
EXHIBIT "B"