Ord. 509-443 03-27-00 Failed FAILED 3/27/00
ORDINANCE NO. 509-~.~.3
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 1 ACRE OUT OF A 2.25 ACRE TRACT OUT
OF THE H.T. & B.R.R. CO. SURVEY, SECTION 20, A-506, OUT OF LOT 49,
ALLISON RICHEY GULF COAST HOME SUBDIVISION, AS RECORDED IN
VOLUME 1213, PAGE 323, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 903) (4208 HAWK ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF T.P. THREE ENTERPRISES, INC., 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, T.P. Three Enterprises, Inc., Owner, filed on November 29, 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 28t~ 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 7t~ 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, T.P. Three Enterprises, Inc., Owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
"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 T.P. Three Enterprises, Inc., 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:
1 acre out of a 2.25 acre tract out of the H.T. & B.R.R. Co. Survey, Section 20, A-506,
out of Lot 49, Allison Richey Gulf Coast Home Subdivision, as recorded in Volume
1213, page 323, deed records of Brazoria County, Texas (4208 Hawk 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. 509-443
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
March 7, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 903
Request of T.P. Three Enterprises, Inc, 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:
1 acre out of a 2.25 acre tract out of the H. T. & B. R.R. Co. survey, Section 20, A-506, out of
Lot 49, Allison Richey Gulf Coast Home Subdivision, as recorded in VoL 1213, pg 323, deed
records of Brazoria Co., TX (4208 Hawk 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 Commissioner Donald Glenn and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 903.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Ma~ Start, Chairman
Planning & Zoning Commission
~/Change in Zoning Classification from ,5' D to: C
Change in Regulation in Section #:
__ Specific Use for: *
Property address: ~',~0 ~'
Lot: Block: I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: t9 ~0~- O0~-aaO
Proposed use of land within requested designation:
Record 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.
signature: /~.~ Agent's signature:
Owner's
Fee paid: $ ~/ ~'~ Date ?o_ia_: I [
Received by:
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FROM
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
cimulation in Brazoria and Harris Counties, for / issues, as follows:
NO, / Date ~-/~ 20 z~
No. Date 20 __
No. Date 20 __
No. Date 20 __
No. Date 20 __
President
Subscribe and sworn to before me this
Laura Ann Emmons, Publisher
NotaW Public, State of Texas
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Peadand, 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 ~o
No. Date 20 __
No. Date 20
No, Date 20
No. Date 20 __
President
Subscribe and sworn to before me this ~,,//(~ day of
Nota~ Public, State of Texas