Ord. 509-084 09-23-96ORDINANCE NO. 509-84
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 0.6234 ACRE (27,157 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; ALSO
BEING ALL OF THE EDWARD L. THOMPSON CALL 0.756 ACRE TRACT AS
RECORDED IN VOLUME 1762, PAGE 182, OF THE BRAZORIA COUNTY
DEED RECORDS, NOT WITHIN THE RIGHT-OF-WAY OF STATE FARM
MARKET ROAD NO. 518 FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT
THE REQUEST OF PGAL, AGENT FOR EDWARD L. THOMPSON, 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 Edward L. Thompson, 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 0.6234 acre (27,157 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; also being all of the Edward L. Thompson call 0.756 acre tract as
recorded in Volume 1762,. Page 182, of the Brazoria County Deed Records,
not within the right-of-way of State Farm Market Road No. 518.
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
Ordinance No. 509, and consistent with the approval herein granted for the
3
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
~_~J_0.A.~ ,1996.
ATTEST:
MAYOR
of
~PASSED, APPROVED, and ADOPTED on Second and Final Reading thi~day
,1996.
TOM REID
MAYOR
ATTEST:
Y~S~E~CRETARy
APP//~VED AS TO FORM:
Change in Regulations in Section #:
X Specific Use for: * Mercantile and Retail
Property address: To be determined
~V_st 1/2
Lot: 31 aad 32 Block: No block
Metes & Bounds Description:
(unplatted property only; attach survey)
Allison Rfchey
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
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Edward L. ThOmpson
2205 East Broadway, Pearland. Texas 77581
713/485-33~3
Agent's name: PGAL
Ageni's mailing address: 5555 San Felipe, Suite 1000, Houston, Texas 77056
Agent's telephone.number: (713) 622-1444 Fax (713) 968-9333
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 Tex~ 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.
Fees paid: $ ,,,f.,]/6
Received by:
Agent's signature
Date paid:
X
EXHIBIT "A"
0.6234 ACRES-
/---
200'
CPm.)
CITY UMff
31
52
63
64
k
SD
GB
ZONE SD
ZONE SD
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
,F'.M.
ZONE SD
! 03 ZONE R-1
' (S)
'
· NE
City of Pearland, Tons
SD TO OB
mum ,JZ, Y, 1996 Heez: t '-8)0' l
CNad k:J, HARGtOV~ 96--11606 OIr I
J~ Jon G- Hawk ~ . EXHIBIT "A"
1266/742
Runge 1 i~ .31
Fan Williams ~
Crow Morris '-. = ,
Jose Rodr~qu ez c~ 1737/11
B. MIIlerc~
~ ~
~ '~ Bill 4olle
~ ' .'~~ I ~
Frank ~rringer, Tr. I
~ r ~ I Homes
CO
EXHIBIT "A"
27, 1996
lieinS n 0.6234 act~ (27,157 sLlmue fca) tract oftand o~ ofbt 32 or ~ bR~
0.7~ ~ ~ M ~~ ~ ~o1~ 1762, Ne 182, o~ B~ ~ ~
~~ ~t ~ ~ ~-o~-~ of S~c F~ M~k~ ~ No. SIt; ~s 0.6234
THENCE; North 89'43'00' West - 497.25 Feet dons the sotitetly b of said Lot tl
aria the nonbetty line of ~ ~ot 32 alno ~ the nortbed~ City limits line rot the City of
THENCE; Sotlt - 145.67 feet aloni; tt~ westerly line ofthe se. kl Keller tract to a point ror
the ~ eorn~ of the said Thomson tract; sad eon~ beirg the ~ comet of
and POINT OF BI~GINNING for tl~s 0.6234 sere tra~t riflenet;
THENCE; South - 240.33 feet 10 a 4-1/2,-inch sl~l pipe found in the northerly right-of-
way line of State Farm Mazket Road No. 51 S for the southeast corne~ ofthis tract;
THENCE; North S9 ' 43'00" West - 113.00 feet do~ the northerly tight-of-way of said
F.M. Sl g 10 a point fog the southweSt cortu~ of this tract;
TI-IENCll; North - 240.33 feet along the westerly line of the said Thompson tract to s 1/2-
inch iron rod found for the northrust comer of this tract; said corner also being the
llUrthwr.4st cottar oftlie ~n Unot;
rXHZBZT "A"
TH~CE~ South 89'43'00' Fast - It3.00 feet alol~ du. n~rthfu'iy line of t]~ sltid
Thornl~n tract to the POINT OF BEOINNING and contahing 0.6234 acre of land
(27,157 squz~ feet).
COMPILED BY: ~l~ -~--.~
Civil Eng:d~ - Lantt SuzveyoP~
Stdrord, Texas ~~ ~~ ~ S~r
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