Ord. 509-082 09-23-96ORDINANCE NO. 509-82
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 2.2713 ACRE (98,936 SQUARE FEET) TRACT OF LAND OUT OF LOT
64 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 THE SOUTHERLY PORTION OF THE RUBY LEE COX TRACT AS
RECORDED IN VOLUME 958, PAGE 925, OF THE BRAZORIA COUNTY DEED
RECORDS FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF PGAL,
AGENT FOR RUBY LEE COX, 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 Ruby Lee Cox, 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 2.2713 acre (98,936 square feet) tract of land out of Lot 64 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 the southerly portion of the Ruby Lee Cox tract as
recorded in Volume 958, Page 925, of the Brazoria County Deed Records.
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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
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ORDINANCE NO. 509-82
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
OVED, and ADOPTED on First Reading this
,1996. ~
TOTVl REID
MAYOR
day of
ATTEST:
APPROVED, and ADOPTED on Second and Final Reading thi,,'~~day
of ,1996.
MAYOR
ATTEST:
CiT~' SECRETARY
EXHIBIT 'A'
X Change in Zoning Classification from: Suburban tO: General Business
__ Change in Regulations in Section #:
X Specific Use for: * Hercantile and Retail
Property address: To be determined
~4eot~72 of the v,,~L 1/2
Lot: 63 aat~ 64 Block: No block
Metes & Bounds Description:
(unplaued property only; aaach survey)
Allison Richey
Subdivhion: Gulf Coast Home Co. Subdivision
(see attached)
Tax I.D. number:
Proposed use of land within requested designationi Hercantile (grocery store) and retail center
Record owner's name: Ruby Lee Cox
Owner's mailing address: P.O. Box 395, Port Boliva~;, Texas 77650
Owner's telephone number: N/A
Agent's name: PGAL
Agent's mailing address: 5555 San Felipe, Suite 1000, Houston, Texas 77056
Agem'stelephone,number: (713) 622-1444 Fax (713) 968-9333
PETITION: As owner/agem, 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.
Received by:
Agent's signature~~f/~~
Date paid: -
ZONE
EXHZBIT "A'
200'
.................. , .....
ZONE
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SD
GB
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~R. UBYLRBCOX
SUBURBAN DISTRICT - SD TO OB
GENERAL BUSINESS DISTRICT
FXHZBZT 'A'
June 27, 1996
~_o:ftr~t as recorded in Voham 9~8, Page 92~, of
t~ 2.2713 ace ~ ~ ~ ~~ ~ ~ ~'
m~ ~ of~t M of~ ~ ~B~m~
~e 488; 8~ ~u~ ~ ~s) ~
styleo the
BF. GINNING for this 2.2713 aare Um of lane!:
THENCE~ South 89' 43'00' ~aat - 241.98 feet along the eouthety line of said Lot 63 and
the mnhed~ ~ of said Lot 64 whkh is atso the notthet~ city Funits line d th~ C~ of
THENCE; South - 414.97 feet along t!~ eue~ly line ofthe said Cox tract to a S/S-inch
~ rod net for tlss coznn~ eoudmast corner of t~ said Cox tmet taxi thb ttaet;
THEN · North 86' 49'35' West - 242.35 feet along Om ~ zight-ol:waY line of
marking the eonmen soubest eomer of tie said '
nets, of lmtl (90,936 ,qut~ feet).
C.;OMFILF~ BY: ~ ~t~-~
~$tallotd, Texas SlEteofTaasNo. 4355
Job No. 05S-I
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