Ord. 509-051 06-13-94ORDINANCE NO. 509-51
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 20 ACRES, BEING LOTS 24 & 25 OF THE
SUBDIVISION OF SECTION 6, H.T. & B.R.R. SURVEY, ABSTRACT
544, PEARLAND, BRAZORIA COUNTY, TEXAS (1780 HATFIELD
ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT
(R-2) TO COMMERCIAL (C) AT THE REQUEST OF BILL NOLES,
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, Bill Noles, Owner, filed on April 6, 1994, 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 9th day of May, 1994, 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 hereto 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 10th day of May, 1994, the Planning and Zoning
Commission of the City submitted its report and recommendation to
the City Council regarding the proposed amendment application of
Bill Noles, Owner, whereby the Commission recommended and approved
a change in classification for the property described in Exhibit
"A" from its existing classification of Single Family Dwelling
District (R-2) to Commercial (C); and
WHEREAS, upon receipt of the report from the Plannihg and
Zoning Commission, the City Council considered this application,
and concurred with the recommendation of the Planning and Zoning
Commission, at its regular meeting of May 23, 1994; and
1
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds that in the case of the application of Bill
Noles, Owner, facts were presented which, in the judgment of the
City Council, would justify 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 Single Family Dwelling District (R-2) is hereby for
all purposes changed and reclassified as Commercial (C):
20 Acres, being lots 24 & 25 of the Subdivision of Section 6,
H.T. & B.R.R. Survey, Abstract 544 (1780 Hatfield Road).
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 funds 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.
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 benefitOf 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.
PASSED and APPROVED on first reading this
day of
ATTEST:
TRMC
PASSED and APPROVED on second and final reading this
day of
. j , A. D., 19
ATTEST:
Pat Jones,~ty S~c~etary~
TRMC
APPROVED AS TO FORM:
~ i~~~y- ~t-~ e~y
Barry Abrams, Interim City Attorney
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CHANGE REOUESTED:
EXHIBIT "A"
ZONING C}U&NGR APPLICATION
nge in Zoning Classification
From: ~fTd', <'~fILZ,>/V'~/&~/~' ~
To : ~~~XC/~ C
~ Change in Regulations in
Section
Specific UseCJ?\,CFFY c,; 2[~AF{L. AND
~i[',:;F{ETAFjY'S OFRCE
~o~:
PROPERTY IDENTIFICATION:
Street or Road.Address: /76~ ~,,~,~G//x~/
Lot~T, Ba~ck ~ , Addition H-T~d 5~-=~/
LEGAL DESCRIPTION:.
Unplatted Land: (Must have survey & metes and bounds description)
Tax I.D.#
PROPOSED USE OF LAND WITHIN MODESTED DESIGNATION:
RECORD OWNER
OWNER' S MAIT. TNG ADDRESS & PHONE. NO.: 5"",7,,,2~ .,,G,'7.~,.,,~//v' /~',,~.~/'~.,~ 7-/.r )TAFT
AGENT'S NAME:
NO.
AGENT'S MAILING ADDRESS:
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.
SIGNATU'-'R-R-R-R-R-R-R-R-~~~'~'' SIGNATURE:
· ID: '
DATE FILED: ~'~' F~ APPLICATION NO. ~
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EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper'
on the following date(s), to wit:
, 19
, 19
BUSINESS MANAGER
19~X~%x
' ' ' ~A~Y PUBLIC~
.ci~y'cOun~fi'~d ~he ~ I~ ~' ..~ STATE OF TEXAS
Z6ning Oom~ ~sl o ~ o · :'
' Petrland, ~: B~z an ar ~' ·
Nol' o~~ an am ndment~.t