Ord. 509-107 12-20-97ORDINANCE NO. 509-107
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
IN A 9.014 ACRE TRACT OF LAND IN THE NORTHWEST % OF THE
NORTHWEST % OF THE H.T. & B. R.R. COMPANY SURVEY, SECTION 17,
ABSTRACT 242, BRAZORIA COUNTY, TEXAS (8210 BROADWAY -
APPLICATION NO. 94) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
JAMES MEDEARIS, 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, James Medearis, owner, filed on June 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 James Medearis, 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 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 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 James Medearis, 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, more particularly described in Exhibit "A",
attached hereto and incorporated herein for all purposes, 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) :
A 9.014 acre tract of land in the Northwest 1/4 of the Northwest 1/4 of the
H.T. & B. R.R. Company Survey, Section 17, Abstract 242, Brazoria County,
Texas (8210 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.
ORDINANCE NO. 509-107
PASSED, APPROVED, and ADOPTED on First Reading this
~ , 1996.
TOM REID
MAYOR
ATTEST:
YO ~E~~~
~RETARY
day of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this~,~Z~day
of (~-~~~j, 1996.
TOM REID
MAYOR
ATTEST:
AP~OVED AS TO FORM: -
Change in Regulations in Section #:
Specific Use for: *
Property address: 0~---/0 ~O~_/J,)t~L,C
Lot: Block: Subdivision:
Proposed use of land within requested designation: ~/'VZ4'. ,,f//b,~--//'/C,~/,
Owner's telephone number: ~/' 2( 5 ] A 7 3
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 inc~_patible with current ~./,ture uses on p:operties in my vicinity.
PIe'-
Received by: ~//~B~_..=,-.- .Application num..be.t: . ~ f '; '"
EXHIBIT "A"
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 9.014 acre tract of land in the Northwest % of the
Northwest '~ of the H.T. & B. R.R. Company Survey, Section 17, Abstract 242, Brazoria
County, Texas. Said 9.014 acre tract is a part of that certain parcel of land described in
a deed to James Medeads and wife, Dorothy Medeads as recorded in Clerk's File No.
93-018201 of the Brazoda County Deed Records (hereinafter referred to as the
"Medeads Tract") and is more particularly described by metes and bounds as follows:
COMMENCING at the point of intersection of the west line of said Section 17 with the
centerline of F.M. 518 (based on a width of 100-feet), said point is the northwest comer
of said Section 17;
THENCE, South 00°02'11 East, along the west line of said Section 17 for a distance of
50.00 feet to a point for comer;,
THENCE, South 89°59'00" East, for a distance of 36.41 feet to the POINT OF
BEGINNING of the herein described tract, said point being at the intersection of the
south line of said F.M. 518 with the occupied east line of County Road 89;
THENCE, South 89059'00" East, along the south line of F.M. 518 for a distance of
643.91 feet to the northeast comer of the herein described tract, said point being in the
east line of the aforementioned "Medeads Tract';
THENCE, South 00000'30" West, along said east line for a distance of 610.00 feet to
the southeast comer of said 'Medeads Tract";
THENCE, North 89°59'00" West, along the south line of said "Medeads Tract" for a
distance of 643.43 feet to a point for comer in the aforementioned occupied east line of
County Road 89;
THENCE, North 00o02'11 ' West, 36.41 feet east of and parallel to the aforementioned '
west line of Section 17, same being the occupied east line of said County Road 89, for
a distance 610.00 feet to the POINT OF BEGINNING, containing a computed area of
9.014 acres (392,368 square feet).
Walsh Surveying, Inc.
2006 E. Broadway Suite 105
Pearland, Texas 77581
(713) 485-3991
NOTE: Walsh Surveying, Inc. has not performed an on-the-ground survey or
researched any deed information in connection with the preparation of this description.
This description has been prepared based solely on a survey prepared by David E.
Goldberg, R.P.L.S. No. 5070, dated 6/02/95, Project No. 93039, Lentz
Michael D. Wilson, R.P,L.S. ,
Rec3istration No. 4821
60
ZONE SD
Z
EXHIBIT "A"
8210 BROADWAY
STREET
ZONE SD
STREET
16
200'
ZONE
CITY LIMIT LINE
27 ~
28
D
O
O
I
(O
.014
ACRES
ZONE SD
SD
GB
C
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
C~ of Peerlend, Te.xee
ZONE CHANQE
PROM
8D TO C
HORZ:'~°-- L>OO'
SEPT., I99G
~T:C.R. LONG gG-1184 OF
1
EXHIBIT "A" Osborn
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1757/661 .~ c~
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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
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 / issues, as follows:
No. / Date //-/_
No. Date
No. Date 19
No. Date 19
N o. D ate 19
Editor
Subscribe and worn to before me this
19
day of L'~/U.
EXHIBIT "B"