Ord. 509-367 11-22-99 ORDINANCE NO. $09-367
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 LOT 41 & .254 ACRES OF LOT 40, IN THE
W.D.C. HALL SURVEY, A-70, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 827) (1920 BROADWAY) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-l) TO OFFICE PROFESSIONAL DISTRICT (OP) AT
THE REQUEST OF BEVERLY BROWN, 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, Beverly Brown, Owner, filed on September 3, 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 11~ of October, 1999, 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 19t~ day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council 'regarding the proposed
amendment application by Beverly Brown, Owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
existing classification of Single Family Dwelling District (R-l) to Office Professional District
(OP); 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 November 8, 1999, 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 Beverly Brown, Owner, facts were 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 Single Family Dwelling District (R-l) to is hereby
for all purposes changed and reclassified as Office Professional District (OP); such property
being more particularly described as:
Lot 41 & .254 acres of Lot 40, in the W.D.C. Hall Survey, A-70, Brazoria County, Texas
(1920 Broadway)
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.
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. 509-367
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of
November ,1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day
of November ,1999.
MAYOR
ATTEST:
~,TY SE(Z~ETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 827
Request of Beverly Brown, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Single Family Dwelling District
(R-l) to Office Professional (OP) on the following described property, to wit:
Lot 41 & .254 acres of Lot 40, in the W.D.C Hall Survey, A-70, Brazoria Co. TX (1920
Broadway)
Honorable Mayor and Council Members:
At a regular meeting held on October 18, 1999, a~er the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice Chairman Tommy Scott seconded by Commissioner Donald Glenn
to recommend approval of Zone Change Application No. 827.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
CITY OF PEAR]bAND
ZONE CHANGE APPLICATION
revised 3~5~96
__ Change in Zoning Classification from:
__ Change in Regulations in Section #:
Specific Use for: '
Property address:
Lot:40.+ql Block: I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach su~ey)
Tax I.D. number:
Proposed use of land within requested designation:
Owner'steleph°nenumber:C I qT-
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As ownedagent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Peadand. *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 uses on properties in my vicinity.
Agent's signature:
Date paid:
Application number:
ZONE C
ZONE C
200'
??
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
OP OFFICE AND PROFESSIONAL DISTRICT
NS NEIGHBORHOOD SERVICE DISTRICT
GB GENERAL BUSINESS DISTRICT
C COMMERCIAL DISTRICT
S SPECIFIC USE PERMIT
ZONE CHANGE
FROM
R-1TO OP
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 ~-..2..~ 19 '~
No. Date 19 __
No. Date 19 __
No. Date
.19
No. Date 19 --
Subscribe and sworn to before me this
19 ~'~
~-- ~ day of
~~i~"~ ', Publisher
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 ~4. Z-~-' 19
NO. -Date 19 __
No. '~ Date 19
No. Date 19 __
No. Date 19 --
President
Subscribe and sworn to before me this
19 ,~c~
day of
~a'~a Ann Emmons, Pubhsher
Notary Public, State of Texas