Ord. 509-651 05-12-03ORDINANCE NO. 509-651
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 .82 ACRES, BEING .37 ACRES AND
.4497 ACRES, BOTH BEING A PART OF THE H.T. & B. R.R. COMPANY
SURVEY, A292 AND PART OF THE A.C.H. & B. SURVEY, A-416,
BRAZORIA COUNTY, TEXAS (5357 MAIN STREET)(APPLICATION NO.
1095) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF ROBERT
RIVAS, AGENT FOR LYNN D. WILLIAMS, 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, Robert Rivas, Agent for Lynn Williams, Owner, filed on March 3, 2003,
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 21st of April, 2003, 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 29th day of April, 2003, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-651
proposed amendment application by, Robert Rivas, Agent for Lynn Williams, Owner,
whereby the Commission recommended to approve 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 the recommendation of the Planning and
Zoning Commission, at a regular meeting on May 12, 2003; 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 Robert Rivas, Agent for Lynn Williams, Owner, presented which, in the
judgment of the City Council, would justify the approval of said application, now, therefore,
BE IT 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) is
hereby for all purposes changed and reclassified as Commercial District (C), such property
being more particularly described as:
.82 acres, being .37 acres and .4497 acres, both being a part of the H. T. & B. R.R.
Company Survey, A292 and part of the A.C.H. & B. Survey, Brazoria County,Texas
(5357) Main Street.
ORDINANCE NO. 509-651
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.
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ORDINANCE NO. 509-651
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.
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
May , 2003.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of
May , 2003.
4
TOM REID
MAYOR
ORDINANCE NO. 509-651
ATTEST:
Y
Y SEETARY
APPROVED AS TO FORM:
0A--- dk.,-._
DARRIN COKER
CITY ATTORNEY
5
0 200 400 Feet
1 1 1 1 1
Zone Change Application No. 1095
Lynn D. Williams/Robert Rivas
5357 State Highway 35
(SD - C)
A1-1-11JAVI-I 01- FUIILICAT1ON
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, Harris & Galveston Counties, for / issues, .as follows:
No
Date
20 02
No. Date 20
No. Date • 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
2092
3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
(cnd0 1//4/7/mitir
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1095
Published 04/02/03
Published April 2, 2003
NOTICE OF A JOINT ._
PUBLIC HEARING OF THE
I CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
I OF PEARLAND, TEXAS
• •
Notice is hereby given that on
the 21 st day of April, 2003, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, Brazoria, Harris
i and Fort Bend Counties,
Texas, will conduct a joint '
public hearing in the Council
I Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
I Robert Rivas, agent for Lynn
-D. Williams, owner, for an
[amendment to the Land Use j
and Urban Development
!Ordinance of said -City from
Classification Suburban
;Development District (SD) to•
Commercial District (C) on
the following described prop-
erty, to wit:
.82 acres, being. .37 acres
and .4497 acres, both being a
part of the H. T. & B. R.R. Co.
survey, A-292, k part of the
A.C.H. & B. Survey, A-416,
Brazoria Co., TX (5357 Main
-Street)
At said hearing all interested
parties shall have the right
and opportunity -to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
`APPLICATION NO. 1095 '
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
r_Veriange in Zoning Classification fro e(VC,t'%.,-' t
(list current zoning)
EVSpecific Use Permit Request for : /i-(e.-c/Q
(list proposed use
Property Information:
Address: 5.3"-- G," s
Subdivision:
0,9 1JItO`)-
Tax I.D. Number.
** For unplatted property, attach a copy of the metes, and bounds description**
Lot: Block:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
(list proposed zoning)
Current use of property
(type of structures on property): r, d-1,z7b-�G/� „1-7
Proposed use of property:
CAA. 50L/
PROPERTY OWNER INFORMATION:
NAME Lyiv ' b. W,t-L, gS
ADDRESS ,� % CL; 14,S
CITY c-,LO Al STATE ZIP -% %S'/
PHONE( ,Q /) 3 3/-s) to 5
FAX( & 1) _73 / —Si _S"
E-MAIL ADDRESS
//
APPLICANT/AGENT INFORM
. NAME ;c
ADDRE
PHONE.(% )
FAX2 O 7- )
E-MAIL ADDRESS
STATE�� ZIP77SX/
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Peariand. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given:'
'rOwner's Si nature: / (/ Date J- O3
?Agent's S' ure: 1 44., ,, Date: - 9- - D 3
ouu siSnaIu.r-e
OFFICE USE ONLY:
FEES PAID: 02 �5 oa DATE PAID: 03- 05-o3
RECEIVED BY: ��— APPLICATION NO. C 5
April 29, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO DIE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1095
Request of Robert Rivas, agent for Lynn Williams, owner for an amendment to the Land Use
and Urban Development Ordinance of said City from classification Suburban Development
District (SD) to Commercial District (C), on the following described property, to wit:
.82 acres, being .37 acres and .4497 acres, both being a part of the H. T. & B. R.R. Co.survey,
A292 and part of the A.C.H. & B. Survey, A-416, Brazoria County, Texas (5357 Main Street)
Honorable Mayor and Council Members:
At a regular meeting held on April 28, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1095 to City
Council for approval with a second made by Ray Bacon.
Motion to approve passed 4-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Owner: Lynn D. Williams
2782 CR 145
Alvin, Texas 77511
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