Ord. 509-076 08-12-96ORDINANCE NO. 509-76
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 9.022 ACRES OF LAND, OUT OF LOT 27 OF THE ALLISON-RICHEY GULF
COAST HOME COMPANY'S SUBDIVISION OF SECTION NO. 21, H.T. & B.R.R.
CO. SURVEY, ABSTRACT NO. 309, ACCORDING TO A MAP OR PLAT OF SAID
SUBDIVISION RECORDED IN BOOK 2, PAGES 23 AND 24 OF THE MAP OR
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID TRACT OF LAND
BEING THE REMAINDER OF LOT 27 AFTER A 0.978 ACRE TRACT OF LAND
WAS CONVEYED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME 1552,
PAGE 997 OF THE BRAZORIA COUNTY DEED RECORDS FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF AGNES M. VIADA, 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, Agnes M. Viada, owner, filed on May 22, 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 odginal application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 8th day of July, 1996, a Joint Public Headng 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 stdct conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 9th day of July, 1996, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application of Agnes M. Viada, 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 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 July 22, 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 Agnes M. Viada, 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 reclassi~ed General Business District (GB):.
Being 9.022 acres of land, out of Lot 27 of the Allison-Richey Gulf Coast Home
Company's Subdivision of Section No. 21, H.T. & B.R.R. Co. Survey, Abstract
No. 309, according to a map or plat of said Subdivision recorded in Book 2,
Pages 23 and 24 of the map or plat records of Brazoria County, Texas, said tract
of land being the remainder of Lot 27 after a 0.978 acre tract of land was
conveyed to the State of Texas, as recorded in Volume 1552, Page 997 of the
Brazoria County Deed Records.
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 Peadand 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 dghts 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 Distdct Map of the City, pursuant to the provisions of Section 2 of Ordinanc~e
~No. 509, and consistent with the approval herein granted for the reclassification of the
hereinabove described property.
3
ORDINANCE NO. 509-76
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 o ,
1996.
TOM REID, MAYOR
ATTEST:
YO~AC. BENITEZ, ~RY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this//~'i~ day of
1996.
TOM REID, MAYOR
ATTEST:
yO~ND~AC. BENITEZ, C~Y
APPROVED AS TO FORM:
AMY~TES MCOULLOU~H,
.-,~.['hang. e in/.t:m:g Chtssfficataon from' _ .....~ ....
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
7~,912,T ~,p'
Lot: Z 7 Block: 9- P Z~-/~--
Metes & Bounds Description:
(unplatted pro~ o~y; aRach su~ey)
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
~3E /
J~E ,e /l'u 77'~E /7
Record -owner' 8 name:
Owner's mailing address:
o,,,,,,,,,.,c/'.7/s) 4z,,o.r-- ..c7. 7
/
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petitio r 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/lcknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner': signature:
.., F_e..e.s pa d: .$_....~.,(?
_,.i)eceived by: . _-------
Agent's signature:
Date paid: .5"
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JOHN W.~ ~A~(CY
A- /
S _M/Tt,I RO.
EXHIBIT "A"
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Road Properties
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1762/360 125.60
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EXHZBXT "B"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
i, 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:
No, } Date (,-//'~ 19 ~/~,
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19
Subscribe and worn to before me this
Editor
dayof
~;~her
EXHIBIT "B"
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