Ord. 509-053 08-22-94ORDINANCE NO. 509-53
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 IN THE 3500 BLOCK OF WALNUTAND THE 2500 BLOCK OF
SOUTH GALVESTON FROM CLASSIFICATION GENERAL BUSINESS
DISTRICT (GB) TO MULTI-FAMILY DISTRICT (MF) AND
COMMERCIAL DISTRICT (C), AT THE REQUEST OF FRED CESSAC
AND BILL CHASE, TRUSTEES, CATHY VANCE, JAMIE COX, TARA
YOUNG, JAMES DEKERLEGAND, JERRY GODKIN, BOB RAGSDALE,
BARBARA COOK, LOU NIMMONS, JACK MCGUFF, JR., AND THOMAS
J. GRACE, OWNERS, PROVIDING FOR ANAMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS' CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Fred Cessac and Bill Chase, Trustees, Cathy Vance,
Jamie Cox, Tara Young, James DeKerlegand, Jerry Godkin, Bob
Ragsdale, Barbara Cook, Lou Nimmons, Jack McGuff, Jr., and Thomas
J. Grace, Owners, filed on June 16, 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
amensment attached hereto, and made a part hereof for all purposes,
as Exhibit "A"; and
WHEREAS, on the 25th day of July, 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 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 26th day of July, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Fred Cessac and Bill Chase, Trustees, Cathy Vance,
Jamie Cox, Tara Young, James DeKerlegand, Jerry Godkin, Bob
Ragsdale, Barbara Cook, Lou Nimmons, Jack McGuff, Jr., and Thomas
J. Grace, owners,whereby the Commission recommended and approved a
change of classification for the property described in Exhibit "A"
from its existing classification of General Business District (GB)
to Multi-Family District (MF) and 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 July 25, 1994; and
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 Fred Cessac
and William Chase, Trustees, Cathy Vance, Jamie Cox, Tara Young,
James DeKerlegand, Jerry Godkin, Bob Ragsdale, Barbara Cook, Lou
Nimmons, Jack McGuff, Jr., and Thomas J. Grace, Owners, 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 General Business District, (GB) is hereby for all
purposes changed and reclassified Multi-Family District (MF) and
Commercial District (C):
8.1929 acres of land out of 10.345 acres of land out of tract
"D" of a division of Section 1 of ACH & B Survey, A-147,
Brazoria County, Texas, according to the plat recorded in Vol.
2, Pg. 1 of the plat records of Brazoria County, Texas.
Multi-family tract: Lots D-3, D, D-l, D-1D & the West 195' of
Lot D-1F out of the ACH & B, Abstract 147, Brazoria County,
Texas.
Commercial tract:' Lots D-1E, D-1F1 & the East 146.71' of Lot
D-iF out of the ACH & B, Abstract 147, Brazoria County, Texas
(3500 Block of Walnut and 2500 Block of South Galveston)
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 thatthere has been compliance
2
with the mandates of law in the posting and presentation of this
matter to the Planning and Zoning Tommission 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 tothe 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.
SED and APPROVED on first reading this
, A.D., 1994.
day of
MAYOR
3
ATTEST:
ORDINANCE NO. 509-53
PASSED and APPROVED on second and final reading this
day of L/ , A.D., 1994.
MAYOR
ATTEST:
APPROVED AS TO FORM:
INTERIM CITY. ATTORNEY
EXHIBIT "A"
ZONING CHANGE APPt. ICATtON
~HANGF. REOUF~STED:
[YChange in Zoning Classification
Change in Regulations in
Section
D Specific Use
For: kf~('~ef~'lCV,'i'~,5~_~'
PROPERTY TDENTIFICATION:
Street or Road.Address: ~eo
Lot , Block , Addition
Tax I.D.#
LEGAL DESCRIPTION:;
Unplatted Land: (Must have survey & metes and bounds description) 8.1929
Acres of ]and out of 10..345 Acres of ]and out of Tract "D" of a division of Section 1 of
ACH & BSurvey, A-147, Brazoria County, Texas, according to the plat recorded in Vol. 2,
Pg. 1 of tne p{at records o~Mrazorja County, {exaso (Multi-family tract: Lots D-3,D,D-1,
D-1D & the West 195' of Lot D-1F out of the ACH & B, Abstract 147, Brazoria County,Texas)
(Commcrcial tract: Lots D 1E, D 1F1 & the East 146.71' o~ Lot D-1F uuL oF L},e ACH & B,
Abstract 147, Brazoria County, Texas)
PROPOSED USE OF I~ND WITHIN REOUESTED DESIGNATION:
Dr. Fred Cessac, Trustee; Dr. Bill Chase, Trustee; Cathy Vance, 0wn~r;
MCORD O~ER: Jamie Cox, 0wner; Tara Young, 0wner; James DeKer]eqand, 0wner; Jerrv
e
AGENT' S MAILING ADDRESS: CITY of PEARl AND
CII'Y qEr'~'t~:TAFV'q OFF'ICE
PETITION: As OWNER/AGENT, I hereby petit.ion 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'l
SIGNATUPJE: '~ ' ( e C. essac)SiGNATURE:
I,.ED: PPLIc TIo. No.
REVISED FEBRU~JtY 17, 1993
EXHIBIT "A"
ZONING CHANGE APPLICATI
CHANGE REOUESTED:
[rChange in Zoning Classification
D Change in Regulations in
Section
PROPERTY IDENTIFICATION:
Street or Road.Address: 3~ce
Lot__, Block , Addition
Tax I.D.#
LEGAL DESCRIPTION:,
Unplatted Land: (Mu~t have survey & metes and bounds description) 8.1929
Acres of ]and out of 10.345 Acres of ]and out ofTtact "D" of a d~vision of Section 1 of
ACH & BSurvey, A-147, Brazoria County, Texas, according to the ~]at recorded in Vo]. 2,
~g. I of ~ne p~at recorus oT ~razor~a County, aexas. (Multi-family tract: tots D-3,D,D-1,
D-1D & the West 195' of tot D-1F out of the ACH & B, Abstract 147, Brazofia County,Texas)
(Commercial tract: Lots D 1E, D 1F1 & the East 146.71' or tot D-1F uut u[ th~ ACH & 8,
Abstract 147, Brazoria County, Texas)
pROPOSED USE OF LAND WITBIN REOUESTED DESIGNATION:
Dr. Fred Cessac, Trustee; Dr. Bill Chase, Trustee; Cathy Vance, O~n_er;
RECORD OWNER: Jamie Cox, Owner; Tara Young~'Ov;ner; James DeKerleqand, Owner; Jerry
G dk~n, ~r~c %~n er; Barbara Cook,. Owner; Lou Nimmons
o ER' s MAI .IB ° tY iSss: ,o.: - · ,
~ ~ BO1 S Galveston Avenueand,
AGENT' s ~: ~X~ JUN I ~q994.
AGENT' S MAILING ADDRESS: CITY of PEAR[ AND
CITY ""r::"m=TAR'''''<-' OFFICE
PETITION: As 9WNER/AGENT, I hereby petition the City for approval of
the above described request as 'provided by the laws of the
PJ~iVISED [~qEBRU,M{Y 17, 1993
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 circulatfon 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
Subscribed and sworn to this
19 qq .
day of
19
'BUSINESS MANAGER
(SEAL)
NIKKI KLEIN
Notary Public, State of Tex
NOTARY PUBLIC
STATE OF TEXAS
3. List the name, address, and
number 4
sponsorZ&'/ : Tree a, r g
airport, nvlronmental · P eted
assessments/alternative analysis.
4. Current workload and a"
Per,oTto on ,his Pro~eot i'~?ed.
administration of aging
'~"~"itantS, Statement of
(3500 Block of Wa/nut
of S. Galveston) and 2500 Block
At said hearing all in
. Pat Jpnes, TRMC
· APPLICATION NO. 46 -
The Pearland ISD will now accept:
sealed bids for the ~pns~uction of a
pOARDR~: / O, FICE BUILDING
.'n lhe office of M~. Blanton.Britt,
e yes on. earland, T~xas,
PLANS, SPECIFIC '
~oR~s ~Ul~OIr'E PUBLi~
MAy ..~ pURCMAS~i,~AC~E~
SUBMIT
**THE PERSONS TO C
iTiO~L ONTACT