Ord. 509-094 10-28-96ORDINANCE NO. 509-94
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 LOT 34, A TRACT OF LAND BEING PART OF AND OUT OF
WESTCHESTER ESTATES, A PARTITION IN THE H.T. & B. R.R. CO.
SURVEY, ABSTRACT 242, IN BRAZORIA COUNTY, TEXAS (2812 MANVEL
ROAD - APPLICATION #86) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD| TO GENERAL BUSINESS DISTRICT (GB) AT
THE REQUEST OF JESUS GARCIA, AGENT FOR SUSANA GARCIA, 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, Jesus Garcia, agent filed on August 19, 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 24th day of September, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application of Jesus Garcia, agent, 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 October 14, 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 Jesus Garcia, agent, 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):
Lot 34, a tract of land being part of and out of Westchester Estates, a
partition in the H.T. & B. R.R. Co. Survey, Abstract 242, in Brazoria County,
Texas (2812 Manvel Road).
II.
The City Council of the City of Perland 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.
PASSED, APPROVED, and ADOPTED on First Reading this ~:~. day of
,1996.
TOM REID
MAYOR
ATTEST:
of ~ , 1996.
PASSED, APPROVED, and ADOPTED on Second and Final Reading thiS~~ day
MAYOR
ATTEST:
CITY SECRETARY
APPR~;IED AS TO FORM:
f
Change in Zoning Classification from:
Change in Regulations in Section #:
. Specific Use for:
Lot: Block:
Metes & Bounds Description:
(unph~ed prope~y only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Agent's name:
Agents mailing address: 7 09 ~' a' {- //3 6 j~ 4, N
PETITION: As owncr/agcnL ! hcraby pclilion the City for approval o .bovo clcscribcd rcqucs~ as
provided by ~hc laws of t~c Suuc of Texas ~ncl Ordinances of tho CiW of Pcarhnd.
Owners signature:
Foas paid: $ N / C.....
Received by:
Ld
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EXHZBZT "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:
No. Date 19
No. Date ' 19 __
No. Date . 19
No. Date 19 __
Subscribe and worn to before me this
day of ~ C,'~.
- 09/09/98
'~La~J~'~ ~t '~mhid~,'PeDl~her
EXHIBIT "B"