Ord. 509-080 09-09-96ORDINANCE NO. 509-80
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 1.00 ACRE OF LAND OUT OF A 3. 1 ~.~. ACRE TRACT OF LAND OUT OF
LOT 23 OF TI4E ALLISON-RICHEY GULF COAST HOME COMPANY'S
SUBURBAN GARDENS SUBDIVISION OF SECTION 8, H. T. & B. R.R. CO.
SURVEY, A-504, BRAZORIA COUNTY, TEXAS, SAID SUBDIVISION
RECORDED IN VOL. 2, PAGE 23 OF THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (6905 BROADWAY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF GEORGE H. MCCAA, 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, George H. McCaa, owner, filed on June 21, 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 12th 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 20th 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 George H. McCaa, owner, 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 Commercial
District (C); 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 August 26, 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 George H. McCaa, owner, 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 Commercial District (C):
1.00 acre of land out of a 3.144 acre tract of land out of Lot 23 of the
Allison-Richey Gulf Coast Home Company's Suburban Gardens Subdivision
of Section 8, H.T. & B. R.R. Co. Survey, A-504, Brazoria County, Texas,
said Subdivision recorded in Vol. 2, page 23 of the Plat Records of Brazoria
County, Texas (6905 Broadway).
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
2
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
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-80
PASSED, APPROVED, and ADOPTED on First Reading this c:~~ day of
, 1996.
TOM REID
MAYOR
ATTEST:
Y. L DAC. B~
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ~ ,1996.
~}~l~day
TOM REID
MAYOR
ATTEST:
~ECRETARY
APPR VED AS TO FORM:
MCCULLOUGH
CITY A~I~ORNEY
X Change in Zoning Classification from: .q-than n~v,~l t~p-to: Commercial
Merit.
Change in Regulations in Section #:
__ Specific Use for: *
Property address: 6905
Broadway Pearl and, Texas
Allison Richey Gulf Coast
Lot: 23 Block: Subdivision: Home Coral>any' s Surburban
Metes & Bounds Description:/,,gc~'/Z- ~/' ~.o.,v~ ~t.,l'ol' Garden' s Section 8
(unplatted property only; attach survey) IlY .,~:,~',t' ~',t. se..r ~,t' /--4~10t/r ·
Tax I.D. number:
Proposed use of land within requested desigmtion:
CAR LOT
Record owner's name: George H. McCaa
Owner's mailing address: 2613 Lazy Bend St: Pearland, Texas 77581
Owner's telephone number: 713 485-8198
713 485-3942
Agent's hallie:
Perry Brizendine
Agem'smailingadd~ss: 6905 Broadway Pearland, Texas 77581
Agent's telephone number: 713 997-8759
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
EXHZBiT "A"
N
k
ZONE SD
64
r~
0
0
- 1.00 ACRE8
200'
/\
crl,f uMff UNE.-~
ZONE SO
F.M. 518
23 46
ZONE SD
ZONE SD
SD
C
SUBURBAN DISTRICT
COMMERCIAL DISTRICT
City of Pearland, Tens
OEOILOB K MoCAA
SD TO C
kla JU, Y, 1996 ~, t '-
k~WsJY,3. C~11~
c .- 8 -i(j 8 ' 634/566
('~ ,.~
F_':~ ',- 47 W.R. p,e,scn29 Lo , 61 J.A. Pre,,,s 20 L.A. ~f'
~ ~ ~ ~ 874/417 ' · n~z 730/227 Sawyer
4~ - ~ ' ~ ~ ~ Franc~s E.P. Crow Jr
_~ ~ ~ ~ · ~o Powe~ 8 573 10.0
~ ~~-t " ' ...~ ~
!~ ~ ~-, ~ ~o '~ ·· ,
.,o~"'"'".'.:~ ....~,-,-~"'.~"s~..~ '..,,~,
Laura Massey
708/108
772/74 154,0
John R..Massey
708/109 160,0
EXHIBIT "A"
[.LO ,u,.r,: nl' I:tnd out of
acre Lr~ct Of .Lund out
of the ~N RI~Y C~ mawr
su~l~ of ~c~on 8, H.T.~
B, RR. ~. ~vey, A-~,
Co~ty, Te~s~ ~ su~l~on
recorded in VoI, 2s Pg. 23 of the
Plat ReceSs of ~z~ ~ty,
Te~s, ~ld 1.00 a~re ~ing
~rtlc~rly des~ as foliowin
,,St I~i )!I,'iSI¢ ~N
tl6)11NI)A R Y
ACRI:,~f ; I.
(TFiN.~;*i R I '( .'*J ION
CON6CIRC at a found 1/2 inch 1ton rod for the Southwent corner cf said 3,1/~ a~re
Tzact , at the intersection of the exi.~hing North N.O.W. line of F,N. 51~ and
the exlatin6 F~ R.O.W. line of Roy Retail
FA~T alon~ the exlstlng NCSTN R,O.W. line of F.M. 518 a distance of 155.57
feet to a met 1/2 inch 1ton rod for the i]ou'Lhwest corner and PLACE OF
]~G*INWIRG of the herein described Tract 2;
N 0° 19' 55" W a dtnb~ncd. of 280.00 f',~t;L I.o a r~:t t/2 J.n,~h lr,,u r,.i for ,.c~,,'ner;
EAST a distance of 155.57 feet to a set 1/2 inch iron rod for cornerl
S 0° 19' 55' S a dlstance of 280.00 feet to a set 1/2 inch iron .rc~l for comer
in the exlstln~ Nca-th R.O.W, line of F,N. 518~
~E,~ alor~ the exi..;ttng Nnrth R.O.W. line- of F.M. 518 a ,listante of 155.57 feet
to the PLA(~ OF BEGINNINC and containing I .O0 acre of land.
5-26-83
83,.6z~ze-a
W. SID 01d~ON JR.
-t
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:
"o,f Date
No. Date 19 __
Subscribe and worn to before me this
19
Editor
day of
L~~;, C,,,n,bi%,~; I:iLblelisher
EXHZBZT "B'