Ord. 509-034 12-14-92ORDINANCE NO. 509-34
AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR-
LAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFI-
CATION OF CERTAIN REAL PROPERTY LOCATED IN THE OLD
TOWNSITE FROM GB, GENERAL BUSINESS TO OP, OFFICE AND
PROFESSIONAL, AT THE REQUEST OF DON CARBONE, OWNER;
PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
PROVIDE FOR THE ORDERLY DEVELOPMENT OF THE CITY IN AN
EXPEDITIOUS MANNER BEARS DIRECTLY ON THE WELFARE OF THE
POPULATION AND THEREFORE INURES TO THE GENERAL BENEFIT
OF THE CITIZENRY.
WHEREAS, Don Carbone, Owner, filed on September 2, 1992, 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 November, 1992, 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 madea part
hereof for all purposes, as Exhibit "B", said call and notice
being in strict conformity with. the provisions of Section 28.3
and 28.4 of Ordinance No. 509; and
WHEREAS, on the 13th day of November, 1992, the .Planning and
Zoning Commission of the City submitted its report and recommen-
dation to the City Council regarding the proposed amendment
application of Don Carbone, Owne~, whereby it recommended and
approved a change of classification for the property described in
Exhibit "A" from its existing classification of GB, General
Business, to OP, Office and Professional.
WHEREAS, upon receipt of the report from the Planning and
1
Zoning Commission, the City Council considered this application
at its regular meeting on November 23, 1992.
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 the
owner named in the application, facts were presented which, in
the judgment of the City Council, would justify the approval of
said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
The following described property located within the corpo-
rate City limits of the City of Pearland, Texas, and presently
classified as GB, General Business, is hereby for all purposes
changed and reclassified as OP, Office and Professional:
Lots 3 and 4, Block 9, Old Townsite.
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 accom-
plished 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 Pearland finds and deter-
mines that the amendment adopted herein promotes the health,
safety, morals and general welfare of the public andis 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
2
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof-
Ve
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.
The Council finds and determines that the need to provide
for the orderly development of the City in an expeditious manner
bears directly on the welfare'Of the'population and therefore
inures to the general benefit of the citizenrY; and that this
Ordinance shall be adopted as an emergency measure, and that the
rule requiring this Ordinance to be read on two (2) separate
occasions be, and the same is hereby waived-
PASSED, APPROVED, and ADOPTED
on First and Only Reading this
day of~X.-'6z''''J--''''''~'/ , A. D-, 1992-
ATTEST:
AppRO~jS~/T~RM:
Lester Rorick, City Attorney
EXHIBIT "A"
LAIIU USE CIIAIIGE AI'I'LICAI lull
ZOI|IIIG CIIAIIGE REQUES|ED BUARV Vl'
( ) Change in Regulatlo,,s in
Sectio.
(X) Cha,~Ue lii'ZGii~'C.l~;~r~
Fro ill |
To;
Ilur:
PI},OPERTY IDEitTIFICATIOIt:
Street or Road Address: 2JO. TFlY-~7.'/~,/___-~
SUBMITTAL IlIFOI~HAT lOti:
1. '14ust be professionally drawn
2. 14inimum scale of log' to inch
3. North Arro~
4. Site map attached
1 re'oct Dimerams io. ·
Location, size, F~I~FIGilEIilp 6f
all existing structures to
boundary 1 ines
LEGAL UESCRI!'TIOIJ:
Describe from Deed I(eco,'ds, attach cvpy uf Deed. a,,d use ,,,etes and buum,ds
description:
P1 atted Land:
Unplatted Land: (Flust have metes & bvu,,ds desc,'il, tiu,,)__
PROPOSED USE OF LAIIU HIIlII!I I(EqUESIE!) UESIGIIAiiUII:
RECOIID DIIIIEI~: ~.~.d,,v"' ~...~,,d,,.~,,,/,,/.""''
OUrER'S 1.1A LinG AUU,,ESS rl U,E ,U.: ./-/2-
AGElIT ' S IIAHE:
AGENT'S HAILIItG ADDRESS:
PETITIUri: As ~%.IIIEI~/AGEIi[ , I hem'eby petition tile City lure' al,pruval vf Lhe abuve
· . des~ request as i~m'uvided by Lhe laws uf the StaLe of lexas
Ordinances of Lhe City of I'earland.
S 1GHAI'UI{E ~~ , S 1 t;IIAI Ul(E
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
(SEAL)
NOTICE OF A JOINT PUBLIC
HEARING OF THE CITY COUNC
E PLANNING AND ZO
C~MMISSION OF ITY 0
PEARLAND, T
Ci~t~y Hall ~519 Liberty Drive,
Pearland. Yexas, on the re uest of
Don Carbons, Owner c~or an
amendment to the Lana Use and
III
STATE OF TEXAS
LEGAL NOTICE
Business (GB), to Office and
professional D~strict (OP), on the
following described p erty, tojwi'
Lot 3 and 4, Br~o~e~ ,
. . Old Townsitsk 9 t:
(2305 and 2307 Park Avenue)
At said hearing all interested pa 'e
rtios
shall. have the ~ight and opportunity t
appear and be heard on the subject.
Pat Jones, City Secretary
APPLICATION NO. 30