Ord. 509-083 09-23-96ORDINANCE NO.. 509-83
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 4.4869 ACRE (195,451 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 A SOUTHERLY PORTION OF THE DAN KELLER, TRUSTEE, ET AL,
CALL 9.977 ACRE TRACT AS RECORDED IN VOLUME 1748, PAGE 488, OF
THE BRAZORIA COUNTY DEED RECORDS FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF PGAL, AGENT FOR HENRY V.
MINGARELLI, TRUSTEE, AND JAMES R. DEKERLEGAND, D.D.S., TRUSTEE
(DECEASED), OWNERS; 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 Henry V. Mingarelli, Trustee, and James R.
Dekerlegand, D.D.S., (Deceased), Trustee, owners, 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 4.4869 acre (195,451 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 a southerly portion of the Dan Keller, Trustee, et al, call
9.977 acre tract as recorded in Volume 1748, Page 488, of the Brazoria
County Deed Records.
2
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. 509-83
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
), APPROVED, and ADOPTED on First Reading this ~Z~
d~~ ,1996.
ATTEST:
TOM REID
MAYOR'
day of
of
ASSED, APPROVED, and ADOPTED on Second and Final Reading thi~ay
, 1996. . ....... ~'~'~ ~.
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
APP ~ED AS TO FORM:
MO S MCCL,LLOUGH
CITY 4~TTORNEY
X . Change in Zoning Classification from: Suburban W: GeneraZ Business
__ Change in Regulations in Section//:
X Specific Use for: * Mercantile and Retail
Property address: To be determined
Eas[ 1/2 uf
Lot: 31 and :Y2 Block: No block
Metes & Bounds Description:
(unplatted property only; attach survey)
Allison Richey
SubSvision: Gulf Coast Home Co. Subdivision
(see attached)
Tax I.D. number:
Proposed use of land within requested designation: Mercantile (grocery store) and retail center
Henry V. Mingarelli, Trustee
Record owner's name: James R. Dekerlegand, D.D.S., Trustee (Deceased)
Owner's mailing address: 2414 South Park Avenue, Pearland, Texas 77581
Owner's telephone number: 713/485-8337
Agent's name: PGAL
Agent'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 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
'
Fees paid: $ ,~/~ / d:? Date paid: '
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31
4.4869 ACRE8
CITY UMIT UNE
63
64
SD
CB
ZONE SD
ZONE SD
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
ZONE SD
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P.M. 518
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liBlilY V. MINOAIJUJ. I
(~1 Jon G. Hawk ""
"~ R 1266/742 ~ ~ i XHZBIT A Fan Williams
un e , ,, row orr i s
~ '% Bill Holl . '
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Frank ~rringer, Tr. I ~ ~~~~~ ~;
]~e 27, 1996
Albertson '~ - Pmlrlmtd
.4tee ot' de Dine Kelter, Trustee, d eL. Tred milkin Peedend tly LDitw (adndinl~
Hgl~of-wwl ~ F,M. SIS)
Being a 4.4869 acre (195,451 square feet) fleet of hnd om of Lot 32 of the Al. li0on-
Riehey Gulf Coast Home Coralsroy Subdivision of Seaion 9, KT. & B. ILIL Coralamy
Survey. Abstrmst 234, Brazoria County, Texas, aecordi~ to tIE ~ reootaed in Volume
2, PaBe 24 of the Bruorh County Pht Records; also being asouthedy portion of the Dan
Keller, Ttmte~, ctal., call 9.977 otrc lr~t as recorded in Volume 174g, Page 488, d the
Brazoria County Deed R.ccprds; this 4.4869 gr~ tract being more parti0ulttly described
COMM.BNCI8 at a 1-inch iron pipe found for the ~ corner of Lot 31 and the
nmthw~ cornc~ of Lot 63 of tl~ sakt Al!t_,ox~Rldzy subdivision; Bald ~orne slso bsbl
the northat oorna of the said Keller tract and the northwest corner of tl~ Ruby Lee Cox
tract (volume 9ss, Page 92s; .Bruc~ County Deed P, sozds);
THENCE; South - 437.00 feet along the easterly line of the said Keller tract and the
w~erly lin= of the said Co~ tract to a point for the ~ cornet of nnd POINT OF
BEGINNING for lifts 4.4S69 acre it"act of ~ said point also be~ h the norfilly C~y
limits line ofthe City of Peatland;
THENCE; South - 402.75 to a set 5/8-inch iron md rmtrking the southwest comer of the
arid Cox trda bt the soualma co~rw, t of this tract; said corntr bztn8 h the northerly
right-of-way line orStale Farm-Market Road No. 518;
TI~NCE; North g7'04'23" West - 9A9.9.1 ~ee4' alone the notthedy rlSht-of-wa,J of said
F.M. 518 e~ oecuFied on the ground to a 5/8-hth iron rod set for snaxlle point;
THENCE; Noah 88' 44'0q" West - 248.40 feet ab~g the northerly dght-of-wa.v of said
F.M. 518 as occupied on the ground to a poiot bein8 the southwest comer of this Uact;
THENCE; North, at 1.00 foot pass a 4-1/2-inch steel p~x~ found, in ag 387.00 fbet s3ong
tht west line of the saki Keller tract to a point tbr th~ nonhw~ cornu of this traut;
9C;eT _~6, ~0 "IFL," ET./S0d 6/.~. ']~Od EE[6-896-E'ra
EXHiBiT "A"
TIIENCE; Bomb ~9'43'00' East - 497.25 f~t alon8 the no.l,~iy I~e ef~ ~t 32 ~
~re ~).
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Job No. 055-1 S~e ot'T~ No. 4355
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