Ord. 509-399 02-28-00ORDINANCE NO. 509-399
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 AND GRANTING A SPECIFIC USE PERMIT FOR A MEDICAL
PLAZA ON THE FOLLOWING PROPERTY, TO-WIT BEING 6.363 ACRES
OUT OF LOTS 49 & 50, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-305, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 799 &
SPECIFIC USE NO. 89) (BROADWAY STREET) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS -
SPECIFIC USE (GB-S) AT THE REQUEST OF JACK MCGUFF, JR., A.I.A.,
AGENT FOR BOBBY L. STEVENER, D.V.M, 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, Jack McGuff, Jr., A.I.A., agent for Bobby L. Stevener, D.V.M., Owner, filed
on April 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 10th of January, 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 18th day of January, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Jack McGuff, Jr., A.I.A., agent for Bobby L. Stevener, D.V.M.,
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 General Business-Specific Use (GB-S); 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 February 14, 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 Jack McGuff, Jr., A.I.^., agent for Bobby L. Stevener, D.V.M., 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 PEARl_AND, 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 General Business - Specific Use Permit (GB-S);
such property being more particularly described as:
6.363 acres out of Lots 49 & 50, Allison Richey Gulf Coast Home Co. Subdivision,
Section 85, H.T. & B.R.R. Co. Survey, A-305, plat records of Brazoria County, Texas
(Broadway Street)
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. 509-399
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February, 2000.
ATTEST:
~Jq'Y SJ[,C RETARY~'.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
TOM REID
MAYOR
of February ,2000.
ATTEST:
//Y'JO U N C~O~,FIN~
~/ITY SC~CRETARY~/
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
January 18, 2000
Honorable Mayor and Council Members
City Hall
Peartand, Texas 77581
Re: RECOMMENDATION TO TIlE CITY COUNCIL ON ZONING APPLICATION
NO. 799 AND SPECll*IC USE NO. 69
Request of Jack McGuff, Jr. A.LA, agent for Bobby L. Stevener, D.V.M., owner, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Suburban Development District (SD) to General Business District - Specific Use (GB-S) on
the following described property, to wit:
Being 6.363 acres out of Lots 49 & 50, AIlison-Richey Guff Coast Home Co. subdivision,
Section 85, H. T. & B. R.R. Co. survey, A-305, plat records of Brazoria Co., TX (Broadway
Street)
Honorable Mayor and Council Members:
At a regular meeting held on January 17, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Ioeco and seconded by Commissioner Russ Selemon
to recommend approval of Zone Change Application No. 799 with Specific Use No. 69.
Motion to approve passed 4 to O.
This is submitted for your consideration.
Planning & Zoning Commission
4~Z7-99; 2:51PM;MCSUFF & GONZALES ;281 997 8103 # I/
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change In R~ulaUons in ~dion ~:
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Agent'~ t~l~pho.~ number; ~l ~ %~
PE~ifiON: As ownerllgent, I hereby ~etllion the ~it~ for npprov~!
pmvld~ by the la~ of the grate of Texas a~ Ordlnan~s gl the ~lly of Peadand. *On a ~peclflc Use
Pe~lt mq~esl to all~ n ~sldenilal Use ~ a b~lness zene (OP, NS, ~B), a~no~edge ihat se~ use
may be incompaUble ~lh ~ent and ~?m uses on
Fee~ pa~; $ _. Dale paid: j ~ // /
58
49
59
60
BROADWAY
RESERVE
COMMERCIAL pARK
pHASE 6
SD
R-1
R-3
C
S
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
COMMERCIAL DISTRICT
SPECIFIC USE PERMIT
IL/
FROM
TO
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 z issues, as follows:
'Date' ' /'7_,..-~. 7__ 19.~'~ ,'~
Date 19 ~
NO.
NO.
'No'.
No.'
NO.
Date
Date. ' "' ' 19--
lent
Subscribe and sworn to before me this2_ -~ .:, ~. ~ _~_~_ ·
V
Laura Ann Emmons,-"~Jblisher
Notary Public, State of Texas
t:
t'
AFFIDAVIT OF PUBLICATION
The Pearland Repor~ter 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 f issues, as follows:
No. /
NO.
NO.
NO.
Date
Date'
Date
'Date
· Date ' ,,. - . ..:._ .
Subscribe and sworn to before me this.
day of ¢;~'~--~
Laura Ann Emmons, Publisher
Notary Public, State of Texas