Ord. 509-415 03-27-00 ORDINANCE NO. 509-415
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 3 OF THE PARTITION OF THE EAST %
OF THE NORTHWEST % OF SECTION 15 OF H.T. & B.R.R. CO. SURVEY, A-
241 OF BRAZORIA COUNTY, TEXAS ACCORDING TO THE MAP OR
RECORD IN VOLUME 441, PAGE 265 OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS {APPLICATION NO. 884) (5518 BROADWAY)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL (C) AT THE REQUEST OF BOB G. YORK, 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, Bob G. York, Owner, filed on November 10, 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 'W'; and
WHEREAS, on the 14t~ of February, 2000, 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 28~ day of February, 2000, the Planning and Zoning Commission
ofthe City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Bob G. York, Owner, whereby the Commission recommended and
approved a change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (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 March 13, 2000, 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 Bob G. York, 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 3 of the Partition of the East % of the Northwest % of Section 15 of H.T. & B.R.R.
Co. Survey, A-241 of Brazoria County, Texas according to the map or record in Volume
441, page 265 of the deed records of Brazoria County, Texas (5518 Broadway)
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 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. 509-415
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
March, 2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this27thday of
March ,2000.
TOM REID
MAYOR
ATTEST:
c~l~~G
SE4FRETARY ~
APPROVED AS TO FORM:
bARRIN COKER
CITY ATTORNEY
4
Februa~ 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 864
Request of Bob G. York, 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 3 of the Partition of the East ½ of the Northwest 1/4 of Section 15 of ri. T. & B. R.R. Co.
survey, A~241 of Brazoria Co., TX according to the map or record in Vol. 441, pg 265 of the
deed records of Brazoria Co., TX (5518 Broadway)
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and
Zoning Commiaaion considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy L. Scott and seconded by Commissioner Todd
Iocco to recommend approval of Zone Change Application No. 864.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely, /
Mary Starr, Chairman
Planning & Zoning Commission
__ Change in Zoning Classification from
__ Change in Regulation in Section #:
Specific Use for: *
to:"
Property address: ~/~
Lot: ~ Block:
Metes & Bounds Description:
(unplatted propet~ty only; attach survey)
TaxI.D. number: O Z'~/~//d)gg,9 fl //~9~3
! /
Proposed use of land within requested designation:
Re_cord owner's name:
Owner's mailing address:
Owner's telephone number:
Agent ' s name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described
request as provided by the laws of the State of Texas and Ordinance of the City of Pearland. *On
a Specific Use Permit 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 used on properties in my
vicinity.
Owner's signature: ~
Fee paid: $ . ~'-~0~/9 ~
Received b~
Agent's signatur .~7~.,/&,~'~//~/~
_/
23
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BROADWAY
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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 -~-'c~. 7_ 5' -~ & 20 ~ c~
No. Date 20 __
No. Date 20
No. Date 20 __
No. Date 20 --
15.r~ident
Subscribe and sworn to before me
20.~o
this~
~~.~ ~n~ Publisher
Notary~e of Texas
9ity~
05/~1]2000 PA6E 01/~1
22:07 281405639? REPORTER NEWS
rr UAVlT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
~.te of Texas
Izoria and Harris Counties
:andy Emmor~s, hereby certify that the notice hereby appended was Published
IrazorJa. and Harris Counties in THE REPORTER NEWS, a .n, ewspaper Of general
ulation ~n Brazoria'and Harris Counties, for J· ~ssues, as ~ll°ws:
:ribe and sworn
Date' .f~ -.~
Date _..
Date
Date '
Date _
.- 20
to before me this_
President '
Notary Pubiic, State o1' TeXas