Ord. 509-104 12-17-97ORDINANCE NO, 509-104
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 THE WEST SIXTY-SIX FEET (W. 66') OF LOT FIVE (5) AND THE
ADJOINING EAST NINETH-FIVE FEET (E. 95') OF LOT SIX (6) OF THE
PARTITION OF THE EAST ONE-HALF (E. ~) OF THE NORTHWEST ONE-
QUARTER (NW ~) OF SECTION FIFTEEN (15) OF H.T. & B. R.R. CO.
SURVEY, ABSTRACT 241 OF BRAZORIA COUNTY, TEXAS, ACCORDING TO
THE MAP OF RECORD IN VOLUME 441, PAGE 265 OF THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, SAID MAP BEING CONRRMED PER C/C
JUDGEMENT RECORDED IN VOLUME 593, PAGE 56 OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (6830 BROADWAY STREET -
APPLICATION NO. 84) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C)) ON THE REQUEST OF
CHARLES MALLYNN, III, 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, Charles Mallynn, III, owner, filed on August 9, 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 23rd day of September, 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 19th 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 Charles Mallynn, III, 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 cop. sidered this application, and concurred with. the recommendation of
the Planni0g and Zoning Commission, at a regular meeting ,on November 25, 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 Charles Mallynn, III, 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 PEARLANDi TEXAS:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classif'rod as Suburban Development District (SD) is
hereby for all purposes changed and reclassified as Commercial District (C):
The West Sixty-Six Feet (W. 66') of Lot Five (5) and the adjoining East
Ninety-Five Feet (E. 95') of Lot Six (6) of the Partition of the East one-half (E.
½ of the Northwest one-quarter (NW ¼ ) of Section Fifteen (15) of H.T. &
B. R.R. Co. Survey, Abstract 241 of Brazoria County, Texas, according to the
map of record in Volume 441, Page 265 of the Deed Records of Brazoria
County, Texas, said map being confirmed per C/C Judgment recorded in
Volume 593, Page 56 of the Deed Records of Brazoria County, Texas (6830
Broadway Street).
II.
The City Council of the City of Pearland finds and determines that the recitations
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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 prometes 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.
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VII.
This Ordinance shall become effective after its passage and approval on second and
final reading. ~,
PASSED, APPROVED, and ADOPTED on First Reading thisc~ day of
,1996.
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
VED, and ADOPTED on Second and Final Reading this/~-, day
of ,1996.
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
APP~)~' ED AS TO FORM:
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/Change in Zoning Classification from: \ ~'~ to:
__ Change in Regula~om in Section #:
Specific Use for: *
C
property only; atuach survey) .f-t,,,c ,~,~, fl~t/~,(
Tax ,.D. manbet:
Proposed use of land within requested designation:
Record owner'sea me:
Own~'s mailing address:
Owner's telephone number: ~ e~3 g 7 1
Agent's l~dlle:
Agent's mailing address:
Agenrs 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: 4/e~~ Agent's signature: ·
F~es paid'~ ~~_ Date paid:
"""'°" LOT 23 LOT 46
0
0
ZONE SD
I--
,/
BROADWAY
'5
ZONE SO
STREET
ZONEC
LOT 9
ZONE SO
~ BFIOADWAY
STREET
LOT
SD
c
SUBURBAN DISTRICT
COMMERCIAL DISTRICT
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Odd e~eJ.
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' Frank ~rrin~r, Tr'.I
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EXHIBIT
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 ~//'7/ 19 ~/(;>
NO, Date 19 ..
No, Date 19
No. Date , 19 __
No, Date 19 __
Subscribe and worn to before me this
day of <3 C,~.
Laura Ann Emmons, Publisher
F. XHIBIT