Ord. 509-383 12-13-99 ORDINANCE NO. 509-383
AN ORDINANCE OF THE CITY COUNCIL 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 LOCATION BEING LOT A, BLOCK 1, GARDEN ACRES, SECTION
2, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 834) (BROADWAY
STREET BETWEEN LAZY BEND & GARDEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF DAVID S. MILLER, AGENT FOR BLUMENTHAL INVESTMENTS
PARTNERS, OWNER, PROVIDING FORAN 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, David S. Miller, agent for Blumenthal Investments Partners, Owner, filed
on September 9, 1999, 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 applications for amendment attached hereto, and made a part hereof for all purposes,
as Exhibit "A"; and
WHEREAS, on the 8th of November, 1999, 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 16th day of November, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, David S. Miller, agent for Blumenthal Investments Partners, Owner,
whereby the Commission recommended and approved a change of classification for the
property described in Exhibit'W' from its existing classification of Suburban Development (SD)
to 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 November 22, 1999, 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 David S. Miller, agent for Blumenthal Investments Partners, Owner, 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) to is hereby
for all purposes changed and reclassified as Commercial District (C); such property being
more particularly described as:
Lot A, Block 1, Garden Acres, Section 2, Brazoria County, Texas (Broadway Street
between Lazy Bend & Garden Road)
I1.
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 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 to the provisions of Section 2 of Ordinance
No. 509, and consistent with the approval herein granted for the reclassification of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-383
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of
November .,1999.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ]3th day
of December , 1999.
TOM REID
MAYOR
ATTEST:
FY SE~q~TARY ~./"
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
November 16, 1999
Honorable Mayor and Council Members
City Hail
Pearland, Texas 77581
Re.-
RECOMMENDATION TO THlr~ CITY COUNCIL ON ZONING APPLICATION
NO. 834
Request of David S. Miller, agent for Blumenthal Investments Partners, owner, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Suburban Development District (SD) to Commercial District (C) on the following described
property, to wit:
Lot A, Block 1, Garden Acres, Section 2, Brazoria Co., TX (Broadway Street between Lazy
Bend & Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 15, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 834.
Motion to approve passed 5 to 0 (1 abstention).
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
C~TY OF PERRLRND
ID :?] 3-485-8764 SEP 08'99
CITY OF PKARLAND
?~ONE CHANGE APPLICATION
revised 315D6
Change in Zoning Classi!ication from:
Change in Regulations in Section
_ Specific USe for: *
10:02 No.O05 P.02
SD io: C
Property address; FM 518 Between Lazy Bend and Garden Road 250'X750'
Lol: A Block: 1
Subdivision:
Metes & Bounds Description:
(unplatted property only: attach survey)
Garden Acres Sec. 2
Tax I.O, number: 4271-0070-100 ,,
Proposed use of lane within requested designation:
Automotive Center
Racom owner's name; Blumenthal Investment Partners
0310 ALQUEZAR/ P. O. BOX llgb
Owner's mailing address: Edwards, CO 81632
Owner's telephone number. 970-926-4036
Agent's name:
David S. Miller
Agent's mailing address:
3007 E. Broadway
Pearland, Texas 77581
Agent's telephone number: 281 997-4000
PETITION: As owner/agent, I hereby p~fition the City roi- approval of the above described request as
provided by the laws of the State o! Texas and Ordinances of the City of Peariand, 'On a Specific Use
Pelmit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on Ixoperlies in my vicinity,
45
R~ (~ 7)
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R-~020)
BROAD~AY
C
2B
2A
ZON~ C
ZONE
ZONE C
SD SUBURBAN DISTRICT
R-t LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
GENERAL BUSINESS DISTRICT
C COMMERCIAL DISTRICT
2( 19
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 sworn to before me this
Notary Pul~~exas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, lexas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoda and Harris Counties, for / issues, as follows:
No.
NO.
NO.
No.
NO,
,) Date
Date
Date
Date
Date
/0 -.2-9
19 5'?
19__
.19
.19__
19--
Subscribe and sworn to before me this
19 ~