Ord. 509-481 08-14-00ORDINANCE NO. 509-481
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 3.00 ACRES SITUATED IN LOT 80 OF
FIGLAND ORCHARD SUBDIVISION, SECTION 13, H.T. & B.R.R. CO.
SURVEY, A-240, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 933) (2834
WAGONTRAIL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST
OF PEARLAND ELKS LODGE, 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, Pearland Elks Lodge, Owner, filed on May 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 26~ of June, 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 18t~ day of July, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Pearland Elks Lodge, 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 July 24, 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 Pearland Elks Lodge, 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 particularly described as:
3.00 acres situated in Lot 80 of Figland Orchard Subdivision, Section 13, H.T. & B.R.R.
Co. Survey, A-240, Brazoria County, Texas (2834 Wagontrail)
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.
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.
ORDINANCE NO. 509-481
PASSED, APPROVED, and ADOPTED on First Reading this
July ,2000.
TOM REID
MAYOR
24th day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this lCthday of
August ,2000.
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
__ Change in Regulations in Section #:
~ Specific Use for: *
Property address:
Lot: OCt5 Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land:
Proposed use of land within requested designation:
Subdivision:
Record owner's name:
O~ner'smainngaddre~s: /9. ~./~,,~ zLS)
Owner's telephone number: Z-g/- '-/'~95'-' t.,Z'/f~ c~
Agent's name:
Agent's mailing address:
Agent'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 may be
incompatible with curre t an ~d fUture uses on properties in my vicinity.
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_FROM
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AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston 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
3ubscribe and sworn to before me this
-~0, ~
q
"~t.t~t~.-~r~'}" p' blisher
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for
Date
No.:
issues, as follows:
2o ~O
No.
No.
No.
Date
Date
Date
20 __
20__
20.__
No.
Date
President
,/
Subscribe and sworn to before me this
->0 (5o
,.'~, LAURA A
~': Notary Publie, State of TeXas
· Laura Ann Erare(ms,
Nota~ Public, State of Texas·
July 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATON
NO. 933
Request of Pearland Elks Lodge, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Devdopment District (SD) to General
Business District (GB) on the following described property, to wit:
3.00 acres situated in Lot 80 of Figland Orchard Subdivision, Section 13, H. T. & B. R.R. Co.
survey, A~240, Brazoria Co., TX (2834 Wagontrail)
Honorable Mayor and Council Members:
At a regular meeting held on July 17, 2000, after 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 Todd
Iocco to recommend approval of Zoning Application No. 933.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
,Chairm~Ll&~~
Planning & Zoning Commission
COPY
July 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATON
NO. 933
Request of Peadand Elks Lodge, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Devdopment District (SD) to General
Business District (GB) on the following described property, to wit:
3.00 acres situated in Lot 80 of Figland Orchard Subdivision, Section 13, H. T. & B. R.R. Co.
survey, A-240, Brazoria Co., TX (2834 Wagontrail)
Honorable Mayor and Council Members:
At a regular meeting held on July 17, 2000, after a Joint Public Heating, the Planning and Zoning
Commission considered the .aliove-menfioned request. .
A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Todd
Ioeco to recommend approval of Zoning Application No. 933.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Chairman
Planning & Zoning Commission