Ord. 509-497 12-11-00 ORDINANCE NO. 509-497
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 2 TRACTS TOTALING 6.564 ACRES
IN THE JAMES HAMILTON SURVEY, A-881, HARRIS COUNTY, TEXAS
(APPLICATION NO. 948) (14007 SOUTH FREEWAY) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF REVEREND JAMES
T. PAYNE, AGENT, FOR ST. THOMAS OF CANTERBURY CHURCH,
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, Reverend James T. Payne, agent, for St. Thomas of Canterbury
Church, Owner, filed on August 30, 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
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 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
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. 509-497
regarding the proposed amendment application by, Reverend James T. Payne, agent, for
St. Thomas of Canterbury Church, Owner, whereby the Commission recommended and
approved a change of classification for the property described in Exhibit "A" from its
existing classification of Suburban Development District (SD) to Commercial District (C)
and
WHEREAS, upon receipt of the repeal 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 Reverend James T. Payne, agent, for St. Thomas of Canterbury Church,
presented which, in the judgment of the City Council, would justify the approval of said
application, now, therefore,
BE IT ORDAI NED 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:
2 tracts totaling 6.564 acres in the James Hamilton Survey, A-881, Harris County,
Texas. (14007 South Freeway)
2
ORDINANCE NO, 509-497
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.
3
ORDINANCE NO. 509-497
Vm
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.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this __
November 2000.
27 day of
TOM REID
MAYOR
4
ORDINANCE NO. 509-497
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 1 ] day
of December ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
Change in Regulations in Section #:
Specific Use for: *
Property address: 11/~90'3 -.,Co ~, Th Flree~-,o,7
Lot: /U/r~ Block: t~/~ Subdivision: PJ/A
Metes & Bounds Description: ~ .,. fF.~ ~
(unplatted property only; attach survey) Tract ) 4
Tax I.D. number:
Current use of land: C--~h UrF~
Proposed use of land within requested designation: CA¢ t/~-/~A q
~ecordowncr'sna,~e: 5r.
Owner's mailing address:
~--ee~,, r
/
Owner's telephone number:
Agent's name: ~'~
7/? t4~,t ~/i/ ~
Agent's mailing address:
Agent's telephone number: 5r4 cA4'C
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 Pearland. *On a Specific Use Permit
request to. a,,o~.aresi~ent,a, use ,nab ' ess ~on:,~:, ~s, ~."!,!ar~ow'edge thaay be
,. ,/
ariarid City
Limits
City of Pearland, Texas
St. Thomas of Canterbury Church
ZONE SD
ZQNE~O
14007 SOLr~
FREEWAY
CLEAR CREE~
ZONE SO
ZOk~ SD
ZONE SO
CRY UM[1' LiNE
City of Pear/ond, Texos
St, Thomas of Canterbury Church
ZONE CHANGE'
FROM
SD TO C
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
'2404 South Park
Pearland, Texas 77581
9te of Texas
azoria and Harris Counties
:landy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of.,genemi
culation in Brazoria 'and Harris Counties, for' / ' issues, as follows:
No.
No.
No.
No.
No.
/ ~7~_,~
/ Date -_
Date 20
Date - ' "':' '! ' - ' 20 '
Date ' :" '--" "' 20
Date 20 --
· =-':: '~,%residu~en~
bscribe and sworn to before me this
dayof
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.
No.
No.
No:
No.
Date
Date
Date
Date
Date
/o-//
20 oo
20
20.
20__
20--
Subscribe and sworn to before me this
20 o%
day of o c~
LA ~A A~
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. 948
Request of The Reverend James T. Payue, agent for St. Thomas of Canterbury Church,
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:
2 trails totaling 6.564 acres in the James Hamilton Survey, A-881, Harris County, Texas
(14007 South Freeway)
Honorable Mayor and Council Members:
At a regular meeting held on November 6, 2000, at~er a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Richard Tetens
recommend approval of Zone Change Application No. 948.
Motion to approve passed 5 to 0.
This is submitted for your consideration~
Planning & Zoning Commission