Ord. 509-112 12-20-97ORDINANCE NO. 509-112
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 NO. 31 OF WESTCHESTER ESTATES, ACCORDING TO THE
JACK C. MCKNIGHT SURVEY THEREOF DATED APRIL 6, 1962, A
PARTITION OF THE H.T.& B. RAILROAD SURVEY, ABSTRACT 242, IN
BRAZORIA COUNTY, TEXAS (2738 MANVEL ROAD - APPLICATION NO.
100) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) ON THE REQUEST OF LORENE
LLEWELLYN, 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, Lorene Llewellyn, owner, filed on October 18, 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 10th day of December, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the 'City Council
regarding the DroDosed amendment al31~lication of Lorene Llewellyn, 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 Lorene Llewellyn, 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 No. 3] of Westchester Estates, according to the Jack C. McKnight
Survey thereof dated April 6, ]962, a partition in the H.T.& B. Railroad
Survey, Abstract 242, in Brazoria County, Texas (2738 Manvel 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.
ORDINANCE NO. 509-112
PASSED, APPROVED, and ADOPTED on First Reading this/~'~ day of
~~ , 1996.
TOM REID
MAYOR
ATTEST:
:ETARIT~E'2~
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading thi~'~day
~, 1996.
TOM REID
MAYOR
ATTEST:
y N/L)~ENi~TE~
C~SN~EECRETARy
APP//~VED AS TO FORM:
CITY ATTORNEY
I-XHIIJl I "A"
Cha
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: ~/ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Proposed use of land within requested designation:
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.
1
Received by
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Agent's signature:
Date paid: /~./,/~/.~'.~,
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EXHIBZT "B"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!', 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,xo. /~>~,t~ //- Za '~9
No. Date 19
No. Date 19
No. Date 19
No. Date 19
~~r) Editor
Subscribe and worn to before me this
day of ~2N,
EXHIBIT "B"
-":~THE~Hm AND; ~; ~Survey, Abstract 242, in
,~:=-.~is-~givlm_lflat~ parties ~a~ve lhe ~ht ~
~a ~'~ the Coun~
~ ~mnt ~ me ~:
~atign.
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