Ord. 509-085 09-23-96ORDINANCE NO. 509-85
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 1.1641 ACRE (50,707 SQUARE FEET) ' TRACT OF LAND OUT OF LOT
32 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 9, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 234,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2, PAGE 24, OF THE BRAZORIA COUNTY PLAT RECORDS; AND
BEING THE SOUTHERLY PORTIONS OF TRACTS 3 AND 8 OF THE EPHRIAM
SMITH TRACTS AS RECORDED IN THE BRAZORIA COUNTY CLERK'S FILE
NO. 96-005167 AND THE SOUTHERLY PORTION OF THE EPHRIAM SMITH
CALL 0.487 TRACT OF LAND AS RECORDED IN BRAZORIA COUNTY
CLERK'S FILE NO. 96-014328 FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT
THE REQUEST OF PGAL, AGENT FOR EPHRIAM SMITH, 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, PGAL, agent for Ephriam Smith, owner, filed on May 28, 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 26th day of August, 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 27th day of August, 1996, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application of PGAL, 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 September 9, 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 PGAL, 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, 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 General Business
District (GB):
Being a 1.1641 acre (50,707 square feet) tract of land out of Lot 32 of the
Allison-Richey Gulf Coast Home Company Subdivision of Section 9, H.T. &
B. R.R. Company Survey, Abstract 234, Brazoria County, Texas, according
to the plat recorded in Volume 2, Page 24 of the Brazoria County Plat
Records; and being the southerly portions of Tracts 3 and 8 of the Ephriam
Smith tracts as recorded in the Brazoria County Clerk's File No. 96-005167
and the southerly portion of the Ephriam Smith call 0.487 tract of land as
2
recorded in Brazoria County Clerk's File No. 96-014328.
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
3
ORDINANCE NO. 509-85
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.
1996.
;SED, APPROVED, and ADOPTED on First Reading this
MAYOR
day of
ATTEST:
CITY SECRETARY
~ASSED, APPROVED, and ADOPTED on Second and Final Reading this~day
of ~, 1996. c ,~y~ ~
TOM REID
MAYOR
ATTEST:
CITY 'SECRETARY
X
__ Change in Regulations in Section #:
X Specific Use for: * Mercantile and Retail
ProperTy address: To be determined
Lo[: See attached Block: No block
Metes & Bounds Description:
(unplatted property only; attach survey)
Allison Richey
Subdivision: Gulf Coast Home Co. Subdivision
(see attached)
Tax I.D. number:
Proposed use of land within requested designation: Mercantile (grocery store) and retail center
Ephriam Smith - Tracts 3, 4, 5, and 8, and 6
Record owner's nRme: Ed R. Spradley and wife, R. Swanelle Spradley - Tract 6 (sold)
0wner's mailing address: 5238 Enyart - Houston, Texas 77021
Owner's mlephone number:Broker: Brent FredTicks 713/963-8200
Agent's name: PGAL
Agenfs mailing address: 5555 San Felipe, Suite 1000, Houston, Texas 77056
Agent's telephone.number: (713) 622-1444 Fax (713) 968-9333
PETITION: As ownedagent, 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.
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TRACTS 4. & 5 NOT INCLUDED
IN ZONE CHANGE
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Being t 1.1641 ac~ (5O707 square feet) trm ofhud out of Lot 32 o~t12 AlSsou-itiob~
Gulf Coest !toag Comt~d~ Subdivbdon o~ SMiz ~, li.T. ~t It g.g. Conea~ Soffey,
Abnnct 234, amzork Coomy, Toss, according to the pM retarded in youare 2. ~
~4 of tb~ Brnoria CiRm~ Phi Recot~ and bek8 the soudm~ pot lks of Tram 3 and
t ofd~t r:~t4am S~ndth tram aa teambd lu Bincoda Coum~ CIak', Fb No. 96-00S16~
mlthemmthe4y~ortbellpfrhmSm~h~0~e'] Snumoflmdumoor&dh
Bn2o~ CouIay (~lOrk'l ~jk l~. ~-014328~ ~ij 1.1641 tom Ir~ bejn8 more
pmjmbdy~mf~loM:
THIDICF,; North 89'43'00" West - 497.25
and the noztts~rly
Pmiml to apoint fm-the~ eorner ofsrd 1N:)ENT OF ~O fot t~
1.1641 ne trm
TH~CF~ South - 145.6~ fee to the sonlinen mmet orsaid Smish Tngt 3 m a ~
THENC~ North 89' 43'00' Wen - 113.00 feet dons ~ soabu~ b or said Shah
Trot 3 to a l/2-ineh iron rod ~ound ~or the southwere corner orsald Smith Tract 3; mid
comer being an tntatw comer oftbis um;
THENC]K; South - 240.33 feet along tlm eastely line of said Smith Tract 8 ~o a point in
the nordm~ dgbt-of-wa7 of S4ate FangMarket Road No. S18 for the southn~ southern
~ ofthls runt;
THENCE; North 89' 43'00'* West - ~$0.00 ftgt dm3il the n0ttllfffly fjs;bt.of-way line of
F.M. 5t8 to a 1/2-inch iron ~d found for the mutlmr~ sou~,~:t eormr oftll nct;
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befngenbaerlorcots~ofmistract;
THENCE; North 89'43'00'* Wm- 104,20 riser aJoe8 the mfd2~ lime oftbe mid call
0,417 rare trm to a point irdue wmml7 a,~bwm o~m of~zb treet; add eomer
betnabsouthwnt~'meof'thoml10.487.cmtm~
THENCK; North 00 ' 06'00" Past - 106.50 irest to a ~g-jn~ iron rod set b the s~tfl~v eat
the Ismael ),l~c~, Jr., etuz., edl 0.49 agr~ Irafit (Vohum !S~9, Pegs 931;
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