Ord. 509-488 09-25-00 ORDINANCE NO. 509-488
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 TRACT I: 6 ACRES AND TRACT Ih
0.216 ACRES BOTH BEING PART OF 6.62671 ACRE TRACT AND A PART
OF 6.1264 ACRE TRACT, IN LOTS 5 & 6, JAMES HAMILTON SURVEY, A-
881, HARRIS CO., TX, VOL. 83, PAGE 342, DEED RECORDS OF HARRIS
CO., TX (APPLICATION NO. 938) (14011 SOUTH FREEWAY) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF LUCY MARIE
WOODS, AGENT FOR LINDA GREESON, AGENT FOR SOUTHWAY
COMMUNITY 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, Linda Greeson, agent for Southway Community Church, Owner, filed
on July 14, 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 14th 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
ORDINANCE NO. 509-488
WHEREAS, on the 22"u day of August, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Linda Greeson, agent for Southway Community
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 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 September 11,2000, 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 Linda Greeson, agent for Southway Community Church, Owner,
presented which, in the judgment of the City Council, would justify the approval of said
application, now, therefore,
BE IT 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 Commercial District (C), such property
being more particularly described as:
2
ORDINANCE NO. 509-488
Tract h 6 acres and Tract Ih 0.216 acres both being part of 6.62671 acre tract and a
part of 6.1264 acre tract, in Lots 5 & 6, James Hamilton Survey, A-881, Harris Co.,
TX, Vol. 83, pg 342, deed records of Harris Co., TX (14011 South Freeway)
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. 509-488
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.
PASSED, APPROVED, and ADOPTED on First Reading this 1], day of
September ,2000.
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-488
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25 day
of September ,2000.
TOM REED
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
L
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
__ Change in Zoning Classification from: ~'~,~ to:
__ Change in Regulations in Section #:
__ Specific Use for: *
Properly address:
Lot: ..~ ~ ~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: D, '
Proposed use of land within requested designation:
Record owners name:
r"'Owners mailing address;,
Owners telephone number:
Agent's name:
Agent's mailing address; [ L~ ID iV' S/-) u, ~ ~ ¢-- ,e e cue, t "' ~::)u .% '-/-7D Q ) ~ 7 7~)L[ 7
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 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.
Owners signature:
Fees paid: $
Received
ZONE SD
ZONE SO
CI1Y UMIT ~JNE
CLEAR CEE~
ZONE SD
crn' UM,'T M, NE
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
~f Texas
ia and Harris Counties
iy Emmons, hereby certify that the notice hereby appended was published
:oria and Harris Counties in THE REPORTER NEWS, a newspaper of general
~ion in Brazoria 'and Harris Counties, for / issues, as follows:
·Date
Date
Date
·Date
Date
20
20
20
20--
AL~President , -
~e and sworn to before me this
.7
/- rr'luAvl I: DF PUBLICATION
The P~'land Reporter News
2404 South Park
Pearland, Texas 77581
f Texas
a and Harris Counties
y Emmons, hereby certify that the notice hereby appended was publish:ed
~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
20 '-
20 '
20..~'-.--:
20--
and sworn to before me this
~resident '
day of ~ ~
August 22, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 938
Request of Linda Greeson, agent for Southway Community Church, owner, for an
amendment to the Land Use and Urban Devdopment Ordinance of said City from
Suburban Development District (SD) to Commercial District (C) on the foBowing described
property, to wit:
Tract I: 6 acres and Tract H: 0.216 acres both being part of 6.62671 acre tract and a part of
6.1264 acre tract, in Lots 5 & 6, James Hamilton Survey, A-881, Harris Co., TX, Vo!. 83, pg
342, deed records of Harris Co., TX (14011 South Freeway)
Honorable Mayor and Council Members:
At a regular meeting held on August 21, 2000, aRer 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 Russ Selemon
to recommend approval of Zone Change Application No. 938.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Planning & Zoning Commission