Ord. 509-398 02-28-00 ORDINANCE NO. 509-398
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 7.60 ACRES AND 12.10 ACRES OUT OF THE
T.D. YOCUM SURVEY, A-399, AND THE A.C.H. & B.B. SURVEY, A-147,
BRAZORIA CO., TEXAS (APPLICATION NO. 850) (PEARLAND PARKWAY
BETWEEN MARY'S CREEK & JOHN LIZER) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT-BUSINESS DISTRICT (SD-B) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF ROBERT D. &
JACQUELINE S. BURGESS, OWNERS, 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 D. & Jacqueline S. Burgess, Owners, filed on October 11, 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 24t~ 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, Robert D. & Jacqueline S. Burgess, Owners, whereby the
Commission recommended and approved a change of classification for the property described
in Exhibit"A" from its existing classification of Suburban Development-Business District (SD-B)
to General Business District (GB); 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 Robert D. & Jacquelyn S. Burgess, Owners, 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-Business District (SD-B)
to is hereby for all purposes changed and reclassified as General Business District (GB); such
property being more particularly described as:
Being 7.60 acres and 12.10 acres out of the T.D. Yocum Survey, A-399, and the A.C.H.
& B.B. Survey, A-147, Brazoria County, Texas (Pearland Parkway between Mary's
Creek & John Lizer)
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. 509-398
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February ,2000.
ATTEST:
~ITY S E~,~ETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this Z8th day
of February ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DA-P, RI N COKER
CITY ATTORNEY
Febmat~ 8, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re-'
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 850
Request of Robert D. & Jacqueline S. Burgess, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City from Suburban Development-Business
District (SD-B) to General Business District (GB) on the following described property, to
wit:
Being 7.60 acres & 12.10 acres out of the T.D. Yocum Survey, A-399,'& the A. C. H. & B. B.
survey, A-147, Brazoria Co., TX, (Pearland Parkway between Mary's Creek & John Lizer)
Honorable Mayor and Council Members:
At a regular meeting held on Februa~ 7, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy L. Scott and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 850.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Mmy Start, Cl~airman / '~t~'~ r
Planning & Zoning Commission
' CITy OF PEAR.LAND.
' ZONE CI~ANGE APPLICATION
rcviscd 3~5~96
. Change in Zoning Classification from: ..~ [~) ['~ to:
Change in Regulations in Section #:
Specific Use for: '
Property address:
Lot: N~ R, , Block:
Metes & Bounds Description: ~, I l'3-
(unplatted property only; attach survey)
Proposed use of land within requested designation:
Record owner's name: ~Obcc+ 10, ~ ,~cx~cL{~C.~
Owner's mailing address: ~-'~ Dk~ Pi~ ~__or~C_. ~. , ~)~O.~'
Owner's telephone number. (~1) qc~ -/_ -/~...~
Agent's name: ~J, (~ ~
Agent's mailing address: N ~ ~,
Agent's telephone number: ['~, J~ ,
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 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 iacompatibl(~,T~ith curre, nt ancl~future uses on properties in my vicinity.
Owner's signature '<:~.~..4.~,0~',~ -.{~r Cc,'-~ .
Fees paid: $ ~,~: ~- '- / Oate paid: ~ O- ~ k -~
R-2
CB
MF
SDB
SDB SUBURBAN DISTRICT BUSINESS
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
R-4 MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MF MULTI - FAMILY DWELLING DISTRICT
OP OFFICE AND PROFESSIONAL DISTRICT
GB GENERAL BUSINESS DISTRICT
S SPECIFIC USE PERMIT
P PARKS AND RECREATIONAL AREA
SDB
R-1
GB
R-2
(s)
SDB
P
ZONE CHANGE
FROM
8DB TO QB
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.~J. ~ 20 oo
No. Date 20
No. Date 20 __
No. Date
20
No. Date 20
President
Subscribe and sworn to before me this
2O o-~
day of ~ ~
Iary [-'UDIIC, ~[aze or lexas
lNG
C~TY
:the
~nq!l and the Plenni~g ~nd
,Zoning ¢c!mmission~of the
~!iY ~f P~sr 8~d Brazor ~
Harris and Ep~ ,Bend
a, Join{ 'Pu~ficHea~ng ~ the
' C0unc~l Chatham, Ci~ Hall,
;aS~ Lib~m~ 0~ve, Pea~ahd,
and
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
'-~sher
Notary Public, State of Texas
;the ~th 8~y:*~f~a~,~
~oun~ and ~ Plan~ih~ a~ ~
~ZoZoning Commissiod of the ~
?ity of Pearland, Br~oria a
~Cou~ti~S 'Tex~,: N~I'~6~'~
;~ Counc I~Cha~bem, '~ ~all~