Ord. 509-438 04-10-00 ORDINANCE NO. 509-438
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 16.7 ACRES OUT OF LOT 30, A-304,
BRAZORIA COUNTY, TEXAS (APPLICATION NO, 889) (BROADWAY STREET
@ WOOTEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
F.A.S.H. FAMILY PARTNERSHIP 1992, 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, F.A.S.H Family Partnership 1992, Owner, filed on December 15, 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 28~h 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 7th day of March, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, F.A.S.H. Family Partnership 1992, 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 27, 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 F.A.$.H. Family Partnership 1992, 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:
16.7 acres out of Lot 30, A-304, Brazoria County, Texas (Broadway Street @ Wooten
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.
2
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. 509-438
PASSED, APPROVED, and ADOPTED on First Reading this 27t" day of
March , 2000.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ].0thday of
April ,2000.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
March 7, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 889
Request of F.A.S.H. Family Parntership 1992, 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:
16.7 acres out of Lot 30, A-304, Brazoria Co, TX (Broadway Street ~ Wooten Road)
Honorable Mayor and Council Members:
At a regular meeting held on March 6, 2000 after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy L. Scott and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 889.
Motion to approve passed 5 to o.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
. CI~'F..~. OF rE,~,,,,LAND .
ZONE QHAN~; APPLiCATIoN
-~:evised ~/~/96
. Change m Znmng ( ass hcatmn from g'0 ....
......... Chllng¢ jn l{~.s:u a ~ Section tl.. ............
.... Specific Use for: * . ..............................
rax J.l). mind)c!:;.. O3Oq-. ..,p Off, ~,
I'roposcd usc of land withill lcque$1ed designation:
]/,~'.;Old OWlK:r $ llalllC;
I'E'ITI'IONi As ownedagcnl. I hcrcby petition Ibc C'ib, fi)r approwd of Ibc above dcscfibed
requesl as provided by Ihe laws oF thC Slalc of Texas and Ordinance of lhe City tff Pearland.
a Spccific Use l'ermil request to alh)w a ~csidcntial use in a bu~inex~ zone (01', NS, (iB), 1
acknowledge Ihal such rise may be incompatible with curt'cai ami lhtt/tc used on properties in my
vicinity .......
Fcc paid: $
Rcceived by:.~
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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~-(~ 20 ~o
No. Date 20 __
No. Date 20
No. Date 20
No. Date 20 __
President
Subscribe and sworn to before me this
20 CO
day of /"-~/'_
~;f . ,
La~ ~r
Notary Public, State of Texas
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 ~-/~ 20 ~
No. ~ Date 20 __
No. Date 20 .__
No. Date 20
No. Date 20
President
Subscribe and sworn to before me this
20 ~2
Laura Ann Emmons, Publisher
Notary Public, State of Texas