Ord. 509-498 12-11-00ORDINANCE NO. 509-498
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 50' WIDE ADJOINING
AND ADJACENT TO AND RUNNING PARALLEL WITH THE G. C. & S. F.
RIGHT OF WAY AND LYING BETWEEN BLOCK 19, PEARLAND
TOWNSITE AND G. C. & S. F. RIGHT OF WAY, AS RECORDED IN
VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO, 942) (2411 S. TEXAS) FROM
CLASSIFICATION MULTI-FAMILY DWELLING DISTRICT (MF) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF CHARLES
TERRY GRAY, 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, Charles Terry Gray, Owner, filed on August 2, 2000, 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 properly 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 23rd of October, 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 7th day of November, 2000, the Planning and Zoning
ORDINANCE NO. 509-498
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Charles Terry Gray, Owner, whereby
the Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Multi-Family Dwelling District
(MF) 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 November 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 Charles Terry Gray, 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 Multi-Family Dwelling District (MF) to is
hereby for all purposes changed and reclassified as General Business District (GB); such
property being more particularly described as:
50' wide adjoining and adjacent to and running parallel with the G. C. & S. F. Right
of Way and lying between Block 19, Pearland Townsite and G. C. & S. F. Right of
Way, as recorded in Volume 29, page 41, of the deed records of Brazoria County,
Texas. (2411 S. Texas)
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ORDINANCE NO. 509-498
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.
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ORDINANCE NO. 509-498
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.
PASSED, APPROVED, and ADOPTED on First Reading this ;~7 day of
November ,2000.
TOM REID
MAYOR
ATTEST:
%~(U~N~
4
ORDINANCE NO. 509-498
PASSED, APPROVED, and ADOPTED on Second and Final Reading this :].]. day
of December ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
~hange in Zoning Classification from: M/.5 to: ~ ~
Change in Regulations in Section #:
Specific Use for: * ~e TAt/_ 5~e..,1 ) ~elott it~. 3U~
Property address: ee{~l~,
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: t"'~ I:'
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, 1 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 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 uses on properties in my vicinity.
Owner's signature:
Fees paid: $
Agent's signature:
Date!paid: g"~""~D
_':; "".
WEST
JASMINE
BROADWAY STREET
II
WALNUT
City of Pearland, Texas
CHARLES TERRy GRAY
ZONE CHANGE:'
FROM
MF TO
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
· 2404 South Park
Pearland, Texas 77581
~te of Texas
tzoria and Harris Counties
{andy Emmons, hereby certify that the notice hereby appended was published
]razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
~ulation in Brazoria 'and Harris Counties, for' / issues, as follows:
No.
No.
No.
No.
/ Date U~----~ ~ ~Y 20/70
Date 20 ·
Date
No. Date 20 --
~scribe and sworn to before me this
~'~resid~ent/~'~
'! ® LAURA A ~ EMMONS
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 , /0-// 20 oo
No.
NoL
No~
No.
Date
Date
Date
Date
20__
Subscribe and sworn to before me this
20 c>%
/3
Laura Ann Emmons, Publisher
Notary Public~ State of Texas
-
November 7, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 942
Request of Charles Terry Gray, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Multi-Family Dwelling District (MF) to General
Business District (GB) on the following described property, to wit:
Being 50' wide adjoining and adjacent to and running parallel with the G. C. & S. F. Right
of Way and lying between Block 19, Pearland Townsite and G. C. & S. F. Right of Way, as
recorded in Vol. 29, pg 41, of the deed records of Brazoria Co., TX (2411 S. Texas)
Honorable Mayor and Council Members:
At a regular meeting held on November 6, 2000, aRer a Joint Public Hearing, the Planning and.
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Richard Tetens and seconded by Commissioner Charles
Viktorin recommend approval of Zone Change Application No. 942.
Motion to approve passed 5 to O.
This is submitted for your consideration.
Planning & Zoning Commission