Ord. 509-441 03-27-00 Failed FAILED 3/27/00
ORDINANCE NO. 509 ~.~.1
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 A 2 ACRE TRACT OUT OF A 5 ACRE TRACT
OUT OF LOT 1, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION
OF SECTION 19, H.T. & B.R.R. CO. SURVEY, A-543, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGES 23-24 OF THE
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 892)
(4322 W. STONE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF JUSTIN BRANTLEY, 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, Justin Brantley, Owner, filed on November 24, 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 24~ 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 8th day of February, 2000, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Justin Brantley, Owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit 'W' 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 Justin, 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 alt purposes changed and reclassified as Commercial District (C); such property being
more particularly described as:
A 2 acre tract out of a 5 acre tract of Lot 1, Allison Richey Gulf Coast Home Co.
Subdivision of Section 19, H.T. & B.R.R. Co. Survey, A-543, according to the map or
plat thereof recorded in Volume 2, pages 23-24 of the plat records of Brazoria County,
Texas (4322 W. Stone Road)
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.
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. 509-441
PASSED, APPROVED, and ADOPTED on First Reading this day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITYATTORNEY
Febma~ 8, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO ~ CITY COUNCIL ON ZONING APPLICATION
NO. 892
Request of, Justin Brantley, 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:
A 2 acre tract out of a 5 acre tract out of Lot 1, Allison Richey Gulf Coast Home Co.
subdivision of Section 19, H. T. & B.R.R. Co. survey, A-543, according to the map or plat
thereof recorded in Vol. 2, pgs 23-24 of the plat records of Brazoria Co., TX (4322 W. Stone
Road)
Honorable Mayor and Council Members:
At a regular meeting held on February 7, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion w~s made by Vice-Chairman Tommy L. Scott and seconded by Commissioner Todd
Ioeeo to rccommend approval of Zone Change Application No. 892.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely, t~. ~,
Mary Start, Chairman
Planning & Zoning Commission
Change in Zoning Classification from ~t~ to: Q.~
__ Change in Regulation in Section #:
__ Specific Use for: *
Property'address: i~'~?_9_ ~25~oo~<~_ ~o~,r~ (~0, <~[~.~ ~o~elt
Lot: [£ Block:~c.x~~ ,~ [ Subdivision:~/~\so~',c~'~C~oc~Ce4~-r
Metes & B6~ds Description:
(~plaRed prope~ oily; aRach s~ey)
Tax I.D. number: ~
Proposed use of land within requested designation: ·
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name: 1,~ [ &
Agent's mailing address: ~ I/k
Agent's telephone number: I0 ] A
PETITION: As owner/agent, I hereby petition the City for approval of the abov~ 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: ~/~ ~.~ Agent's signature:
Fee paid: $ ( ~ t~ Date lm-i4:
Received
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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 //'-/~' 20
No. Date 20
No. Date 20 __
No. Date 20 .__
No. Date 20 --
Subscribe and sworn to before me this /
~~sner
Notary Public, 8tare of Texas
Zoning CQ
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~~~
Laura Ann Emmons, Publisher
Nota~ Public, State of Texas
H
At s
be ~
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 ~O.~. ~ 20 oo
No. Date 20 __
No. Date 20
No. Date 20 __
No. Date 20 --
President
Subscribe and sworn to before me this ~' day of ~-~ ~--~J
N ta~ F~Diic~tate ot lexas
~ THE~
ght
~OUn~ ~Or~o
~c~ sec~eta~ :
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 o,3- ~ 20.
No. Date 20 __
No. Date 20 __
No. Date .20 __
No. Date 20 __
/ President
Subscribe and sworn to before me this ,~ day of
Notary Public, State of Texas