Ord. 509-387 12-13-99 ORDINANCE NO. 509-387
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 RESERVE C & D, CORRIGAN ADDITION,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 845) (BROADWAY
STREET) FROM CLASSIFiCATiON NEIGHBORHOOD SERVICES DISTRICT
(NS) TO GENERAL BUSINESS D~STRICT (GB) AT THE REOUEST OF TOM
ALEXANDER, JR., AGENT FOR FRANK D. BARRINGER, 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, Tom Alexander, Jr., agent for Frank D. Barringer, Owner, filed on
September 28, 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 8t~ 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 16t~ 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, Tom Alexander, Jr., agent for Frank D. Barringer, Owner, whereby
the Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Neighborhood Services District (NS)
to General Business District (GB); 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 December 13, 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 Tom Alexander, Jr., agent for Frank D. Barringer, 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 Neighborhood Services District (NS) to is hereby
for all purposes changed and reclassified as General Business District (GB); such property
being more particularly described as:
Reserve C & D, Corrigan Addition, Brazoria County, Texas (Broadway Street)
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. $09-387
PASSED, APPROVED, and ADOPTED on First Reading this 13th
noc~mhm- , 1999.
day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th .day
of December ,1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
November 16, 1999
Honorable Mayor and Counc'fl Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO ~ CITY COUNCIL ON ZONING APPLICATION
NO. 845
Request of Tom Alexander, Jr., agent for Frank D. Barringer, owner, for an amendment to
the Land Use and Urban Development Ordinance of said City from Neighborhood Services
District (NS) to General Business District (GB) on the following described property, to wit:
Reserve C & D, Corrigan Addition, Brazoria Co, Texas(Broadway Street)
Honorable Mayor and Council Members:
At a regular meeting held on November 15, 1999, after the Joint Public Heating, the planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Charles
Viktorin to recommend approval of Zone Change Application No. 845.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
CITY 0~- PERELRND ID :713-485-875~ SEP 22'99
CiTY OF PEAI~AND
ZONE C~{ANGE APPLICATION
revis~ 315196
.... Change'~n Zoning Glass~fi~3~io~ from: ~,~ to: ........
~ Change in R~ulations in Section ~:
_~ Specific Use for: *
--, ......°n: --
Metes & Bounds D~ffi~n:
,~unpJa~ prope~y OnJy; a~tach su~ey)
:axI.D, numbec Res. C - 02400003000; ~D- 02400003:~e:
Proposed use of land ~ithin requested
!0:24 No.O02 P.02
PETITION: As ow~eqagent. I hereby petJtio,~ the City lot approvaJ of the above described request as
provided by the laws o~ the State of Texas and Ordinartces o! the City of Peadand, 'On a Specific Use
Pom'~it request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be in~mpatibte with Currenl and future uses on prope[ties in rrty vicinity.
51
ZOnE C
zONE
.ONE C
ZONE
zONE HH
ZONE R-2
LEGGETr
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MH MOBILE HOME PARK DISTRICT
'NS NEIGHBORHOOD SERVICE DISTRICT
G-'B GENERA1_ BUSINESS DISTRICT
C COMMERCIAL DISTRICT
ZONE R-Z I
zoNE GB
BROADWAY STREET
ZONE OB
ZONE GHANEIE
FROM
N8 TO QB
· .,..o~., ~., I l::~'
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 --
(~Sresident
Subscribe and sworn to before me this
- 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.
NO.
NO.
NO.
NO.
Date /0 -~9
Date
Date
Date
Date
19 ~?
19
19
19
~resident '
Subscribe and sworn to before me this
19 ~