Ord. 509-490 10-23-00 ORDINANCE NO. 509-490
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 8.8585 ACRES, H. T. &
B. R.R. CO. SURVEY, SECTION 19, A-243, BRAZORIA COUNTY, TEXAS
AND BEING OUT OF AND A PART OF LOT 9 OF THE ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 23 & 24, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 941)(CULLEN BOULEVARD @
HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT
(GB) AT THE REQUEST OF PARADISE CEMETERY SOUTH, 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, Paradise Cemetery South, Owner, filed on July 24, 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 28th Of AUgUSt, 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 20th day of September, 2000, the Planning and Zoning
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ORDINANCE NO. 509-490
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Paradise Cemetery South, 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 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 October 9, 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 Paradise Cemetery South, 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 General Business District (GB);
such property being more padicularly described as:
8.8585 acres, H. T. & B. R.R. Co. Survey, Section 19, A-243, Brazoria County, Texas
and being out of and a part of Lot 9 of the Allison Richey Gulf Coast Home Co..
Subdivision, according to the plat recorded in Volume 2, page 23 & 24, plat records
of Brazoria County, Texas (Cullen Boulevard @ Hughes Ranch Road)
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ORDINANCE NO. 509-490
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. 509-490
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 9 day of
October ,2000.
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-490
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ?.3 day
of October ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
~ Clmnge i,t Zoning Classification from: S. D, to:
Change in Regulations in Section #:
Specific Use for: *
Property address~
Lot: B|eck: 15
Metes & Bounds Description:
(unplaned property only; attach survey)
Subdivision:
See Attached
Tax I.D. number: 74-129-7012
Proposed use of land within requested designation:
Business Office
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Paradise Cemetery South
10401 west Montgomery~ ~6DA~/~7~C~
(281) 445-1201
AgenCs mailing address:
Agem'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 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
I n e nd ture uses on properties in my vicinity-
'
~ , Agent's signature:
Fees paid: $
Apl,licati~,n ,iumlgr: '
t,',cccivcd by: :K'~ I : ...-.-_.--::-.._ .....
37 52
c(46s)
8
ZONE
CI~( LIMIT UNE
25 IO 5
22
CRYSTAL LAKE DRIVE
i ~0 2 I CIW LIMIT LINE
ZONE SD
Z
t..d
ZONE SO ~,)
ZONE SO
HUGHES RANCH RD.
g
ZONE SD
10
11
ZONE CHAN{IE
8D M
)~ GB
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
No. Date
No. Date
No. Date
No. Date
20__
20
20
20__
20--
A~President
Subscribe and sworn to before me this
20 _/z)
day of
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
No. Date 20
No. Date 20 .__
No. Date 20
No. Date 20 --
~resident
Subscribe and sworn to before me this
20
/q
day of ~--~
on Expires 9-9-02
-----AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pee. rlapd, Texas 77581
Texas
~ and Harris Counties
i Emmons,. hereby certify that the notice hereby appended was published
~ria and Harris Counties in THE REPORTER NEWS, a .newspaper of general
on in Brazoria 'and Harris Counties, for / issues, as follows:
Date "~-~ '/~
Date
Date
Date
Date ' '
President
e and sworn to before me this
Laura Ann Emmons, Publisher
Notary PUblic, State of Texas
September 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Pke;
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 941
Request of Paradise Cemetery South, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Suburban Development District (SD) to
General Business (GB) on the following described property, to wit:
8.8585 acres, H. T. & B. R.R. Co. survey, Section 19, A-243, Brazoria Co., TX and being out
of and a part of Lot 9 of the Allison Riohey Gulf Coast Home Co. Subdivision, according to
the plat recorded in VoL 2, pg 23 & 24, plat records of Brazoria Co., TX (Cullen Boulevard ~
Hughes Ranch Road)
Honorable Mayor and Cottacit Members:
At a regular meeting held on September 18, 2000, at~er a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 941.
Motion to approve passed 4 to 3.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission