Ord. 509-487 09-25-00ORDINANCE NO. 509-487
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 2.289 ACRE TRACT OF LAND IN
SECTION 21, H. T. & B. R.R. CO. SURVEY, A-309, BRAZORIA CO., TX, AS
RECORDED IN VOL. 2, PAGE 23, PLAT RECORDS OF BRAZORIA CO., TX
(APPLICATION NO. 936) (SOUTHWEST CORNER OF BROADWAY ST
AND CULLEN BLVD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB)
AT THE REQUEST OF PEACOCK PROPERTIES, INC., AGENT FOR
METHODIST BOARD OF MISSIONS OF HOUSTON DISTRICTS, INC.,
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, Peacock Properties, Inc., agent for Methodist Board of Missions of
Houston Districts, Inc., Owner, filed on July 11, 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
WH EREAS, 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. 509-487
WHEREAS, on the 22nd 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, Peacock Properties, Inc., agent for Methodist Board
of Missions of Houston Districts, Inc., 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 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 Peacock Properties, Inc., agent for Methodist Board of Missions of
Houston Districts, Inc., 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 General Business District (GB); such
property being more particularly described as:
2
ORDINANCE NO. 509-487
2.289 acre tract of land in Section 21, H. T. & B. R.R. Co. survey, A-309, Brazoria
Co., TX, as recorded in Vol. 2, page 23, plat records of Brazoria Co., TX (Southwest
corner of Broadway St and Cullen Blvd)
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, 509-487
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 I-I-
September ,2000.
__ day of
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-487
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25_._ day
of September ,2000.
ATTEST:
TA
APPROVED AS TO FORM:
TO REID
MAYOR
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ID:713-485-8764
JUN 14'00 10:54 No.O04 P.02
Change in Regulations in Sectjell #:
_ ~ Specilic Use lbr: *
",ope,,,,,add,,,ss:
,-o,= ,,t 2
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Cttrfenl use Of land; Vacant Land
Proposed use of land within requested designat. ion: Commercial Retail Vevelop~-nt {Dr] Gcxxls)
Methodist Board of Missions of Houston Districts, Inc., a Texas
~cord ow~]er's ~am¢; Non-~rofit CorOoration
5215 Main
Owner's mailing address;Houston, TX 77002
Owner's telephone number: ( 713 ) 521-9383
Agent's nMne: peacock Properties, Inc.
4545 Post Oak place #130
Agent's mailing address: Houston, ~X 77027
Agent's tetcphone nun~ber: t 71 31 621-2127
PETITION: As owner/agent, I hereby petition the City lbr approval of the above described re, quest as
' provided by the laws of the State of Teaas and Ordinances of the City otPearhmd. *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 curreal and thture uses on properties in my vicinity.
Agent'ssignatur~: ~. /,~.-~L~/ff~d._ ~/'es'~d~,a-L
Date paid:
45
;D
19
BROADWAY
17
18
ZONE SD
60 rn
Z
2,289 ACRES-
24
ZONE SD
(76,77)
28
ZONE SD
LLI
0
0
,-.r.
o
29
ZONE SD
C
lC
1C-1
OWNERS: METHODIST BOARD OF MISSIONS
OF HOUSTON DISTRICTS, INC.
ZONE CI'IRNGE
8D TO GB
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
, of Texas
~ria and Harris Counties
~dy Emmons, hereby certify that the notice hereby appended was published
~zoria and Harris Counties in THE REPORTER NEWS, a .newspaper of general
ation in Brazoria 'and Harris Counties, for /issues, as follows:
No.
No.
No.
No.
Date
Date
Date
Date
Date
ribe and sworn to before me this
.a.r-HUAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
~f Texas
-ia and Harris Counties
:ly Emmons, hereby certify that the notice hereby appended was published
,'oria and Harris' Counties in THE REPORTER NEWS, a newspaper of general'
tion in Brazoria and Harris Counties, for issues, as follows: ,'
IO.
Date
Date
Date
Date
Date
~e and sworn to before me this
· 20=..,- ,, ,:; -
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'. '~esident. ': "'
S
August 22, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 936
Request of Peacock Properties, Inc., agent for Methodist Board of Missions of Houston
Districts, Inc., owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from Suburban Development District (SD) to General Business
District (GB) on the following described property, to wit:
2.289 acre tract of land in Section 21, H. T. & B. R.R. co. survey, A-309, Brazoria Co., TX, as
recorded in Vol. 2, pg. 23, plat records of Brazoria Co., TX (Southwest corner of Broadway
St and Cullen BIvd)
Honorable Mayor and Council Members:
At a regular meeting held on August 21, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mantioned request.
A motion was made by Commissioner Todd Ioeco and seconded by Commissioner Emil Beltz to
recommend approval of Zone Change Application No. 936.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
pl~Sn~ZCo~-'~ssion