Ord. 509-109 12-20-97ORDINANCE NO. 509-109
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 THE EAST 10.0 FEET OF LOT 7 AND THE WEST 70 FEET OF LOT 6 OF
THE PARTITION OF THE MAHANAY LANDS, H.T.& B. R.R. CO. SURVEY,
SECTION 15, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (6834
BROADWAY- APPLICATION NO. 97) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) ON
THE REQUEST OF ALLEN PATSCHKE, 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, Allen Patschke, owner, filed on August 30, 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 Councit
regarding the proposed amendment application of Allen Patschke, 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 Allen Patschke, 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):
The East 10.0 feet of Lot 7 and the West 70.0 feet of Lot 6 of the partition
of the Mahanay Lands, H.T.& B. R.R. Co. Survey, Section 15, Abstract 241,
Brazoria County, Texas (6834 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.
2
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.
UHLIIIM,~RIM~,,~I= IMU. OU~I-'IU~
PASSED, APPROVED, and ADOPTED on First Reading this/7'~ day of
~ ,1996.
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this~~ay
~ , 1996.
TOM REID
MAYOR
ATTEST:
¢~~ECR~'ARY'
AP VED AS TO FORM:
TES MCCULL6UGH
CITY ~I]ORNEY
4
,/ Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
J"6 w:
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owner' s name:/q t, t- coy' ~---~, F~4- r s C fi'~: G'
Owner's mailing address:
Owner's telephone number:
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: ~ .~,
Fees paid: $ NIp__.
Received by:
.Agent's signature:
Date paid:
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- 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:
No. / Date ]/-{.. 19 <~,
No. Date 19
No. Date 19
No. Date 19 ..
No. Date 19
Subscribe and worn to before me this
day of ~/~.
LXHtUtl 'U"
c 'INT :PUBj
NOTICE O~ A JO .
tJCltAWiiGOFTHECITY
COUNCL AND THE PLI~
NING AND ZONING COM-
MISSION OF THE CiTY OF
Nc~ceishemby~iv~nlh~on
the 25th day ol November
1996, at 6:30 p~m., the City
Zoning Commission of the a
GltydPemta~BrszoMand;
Haffi8 Gountje~ Tex~ will
conduct s Joint Public
Hearing in the Gouncllt
Chambers. City Hall, 3519 ·
Liberty Drive, Peeriand,,
Tmcas. onlhe mquetolAkn~
:~atschke, owner, for an
and Urban .Development.
O~lin~e el .kl Ciff tram
Cla~iticat|on Suburban
Dev~ District (SD) to
General Business District
(GB) on the toilowing!
The East 10.0 feet of Lot T.::
and lhe We.t 70.0 feet ol Lot
6 o! the partition o! the
Mahanay IJnds, H.T, &
B.!q.P- Co. Survey, ,Section
15. Abstract 241, Brazorie
County Texas (6834
Broadray).
At said heaq all interested
parties shaR have the right