Ord. 509-041 07-12-93ORDINANCE NO. 509-41
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 H. MASTERSON SUBDIVISION OF SECTION 5, H.
T. AND B. R. R. CO. SURVEY, ABSTRACT 237 FROM GENERAL
BUSINESS ( GB ) AND COMMERCIAL ( C ) TO SINGLE FAMILY
DWELLING DISTRICT (R-2), AT THE REQUEST OF DONALD R.
BARRAS, AGENT FOR ALVIN STATE BANK, 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, Donald R. Barras, Agent for Alvin State Bank, Owner,
filed on May 10, 1993, 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 14th day of June, 1993, 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 apart 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 17th day of June, 1993, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Donald R. Barras, Agent for Alvin State Bank, Owner,
.. L~L eb~/ th~ ~c~ission reco~nended and
classification for the property described in Exhibit "A" from its
existing classification of General Business (GB) and Commercial (C)
to Single Family Dwelling District (R-2); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application at
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its regular meeting on June'28, 1993; 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 of Donald
R. Barras, Agent for Alvin State Bank, 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:
The following described property located within the corporate
City limits of the City of Pearland, Texas, and presently
classified as General Business (GB) and Commercial (d) is hereby
for all purposes changed and reclassified Single Family Dwelling
District (R-2):
Being a 12.1963 acre tract of land out of Lot
11 of the H. Masterson Subdivision of Section
5, H. T. & B. R. R. Co. Survey, Abstract 237
and located in the City of Pearland, Brazoria
Co., Texas and being more particularly
described by metes and bounds as follows:
COMMENCING at the Northwest corner of Lot 11 of said subdivision,
thence East along North line of said Lot 11 a distance of 19.98
feet to the PLACE OF BEGINNING of the her. in described tract;
THENCE continuing East along said North line of Lot 11 a distance
of 1035.57 feet to a point for a corner;
THENCE South a distance of 600.00 feet to a point for a corner;
THENCE West a distance of 642.71 feet to a point for a corner, said
point beingin the Northeast line of Hatfield Road (80 foot right-
of-way) and a point in a curve to the left;
THENCE Northwest along said Northeast right-of-way line and curve
to the left having a radius of 522.84 feet, a central angle of 14°
30'47", an arc length of 132.43 feet and a chord bearing of North
37°44'37'' West, 132.08 feet to a point of tangency;
THENCE North 45°00'00" West along said Northeast rightlof-way line
a distance of 257.82 feet to the point of curvature of a curve to
the right;
THENCE Northwest ~long said Northeast right-of-way line and curve
to the right b~v~-~'! .... "'-~= i.=~ j"'~=.~ -~ J~.~t~!al ~gl~. ~f
45°00'53'', an arc 'length of 347.92 feet and a chord bearing of
North 22°29'33" West, 339.04 feet to the PLACE OF BEGINNING of the
herein described tract and contained within these calls 12.1963
acres of land more or less.
that the recitations in the preamble hereof are true and that all
necessary prerequisites of law have been accomplished and that no
valid protestof 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,
morals 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.
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PASSED and APPROVED on first reading this
, A.D. , 1993.
day of
ATTEST:
~at Jones,~i~Y Secretary
PASSED and APPROVED on second and final reading this
day of , A.D., 1993.
C
ATTEST:
APP 0~~
Lester Rorick, City Attorney
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CITY OF PEARLAND, TEXAS
TO: RICHARD BURDINE
DATE:' JULY 26, 1993
DIVISION DIRECTOR - PLANNING, PUBLIC WORKS &
PARKS
At the JULY 12, 1993 meeting of the
City Council of the City of Pearland, Texas, the following matter
was referred to you for appropriate disposal or for specific
action as indicated|
ORDINANCE NO. 509-41 - ZONE CHANGE FOR DONALD BARRAS
Documents Attached:
ORDINANCE N0. 509-41
DON GUYNE5, CHIEF BUILDING OFFICIAL
CARREL NCVEY, ENGINEERING TECHNICIAN
off.cs
~ONING CHANGE APPLICATION
CHANG~ ~EOUESTED:
Ch~~ange in Zoning Classification
From: c
To : f-2
~ Change ~n Regulations in
Section
D Specific Use ~
For: ~
pROPERTY IDENTIFICATION:
Street or Road Address:
Lot__, Block , Addition Tax I.D.#
LEGAL DESCRIPTION:
Unplatted Land: (Must have survey & metes and bounds description)
PROPOSED USE OF LAND WITHIN REOUESTED DESIGNATION:
RECORD OWNER:
OWNER'S MAILING ADDRESS & PHONE NO.:
AGENT' S N~: ~ O~cb ~% '
~o . 7/~
PETITION: As OWNER/AGENT, I hereby petition the City for approval of
the above described request as prov' d b laws of the
State of Texas and Ord'nances of the y rland.
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
_ , 19
BUSINESS MANAGER
Subscribed and sworn to this~'~r~day of~~_
E PLANNING'AND ZONI
Notice i, hereby iven that'o~
14m ~ ~Jme, ~3, at7:~ RM.,-: ~RY PUBLIC
eada exas, th
Sin I. F,i~ D..lllng Di,"~t (~-2)7~ . ~1
n ~e follo~ng de~H~d pmpe~,:.
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