Ord. 509-471 07-24-00ORDINANCE NO. 509-471
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 10. OUT OF AND PART OF THE
COMMERCIAL RESERVE OF BLOCK 17, SECTION 3, WEST LEA
SUBDIVISION, AS RECORDED IN-VOLUME 12, 'PAGE 23, BRAZORIA
COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO~
925) (4109 MANVEL ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT
THE REQUEST OF HOUSTON BUSINESS INVESTMENT, 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, Houston Business Investment, Inc., Owner, filed on May 1, 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 12t~ 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. 506;
and
WHEREAS, on the 20t" day of June, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Houston Business Investment, Inc., Owner, whereby' the
Commission recommended and appreved 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 10, 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 Houston Business Investment, Inc., 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 reclassi~ed as General Business District (GB); such property
being more particularly described as:
Being Tract 10, out of and part of the commercial reserve of Block 17, Section 3, West
Lea Subdivision, as recorded in Volume 12, page 23, Brazoria County plat records,
Brazoria County, Texas (4109 Manvel Road)
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. 509-471
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
July ,2000. ~,
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of
July ,2000.
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from: --~ O to:
Change in Regulations in Section #:
Specific Use for: *
Property address: 410~ ~r~,b, toUEL ~-o~b -- FZ~A,P_,Lp,~ -- T'-x' 77S<~L:
Lot: Block: 1']
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: WE s'r LEA ~Le,~ O{~40~
Tax I.D. number:
Proposed use of land within requested designation:
Record owners name:
Owners mailing address;,
Owners telephone number:
~'X{-4TI'~J~- ~- -<To~,e- c~f7~
Agent's name:
Agenrs 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 current and future uses on properties in my vicinity.
~U_~LC- Agent's signature:
Owners signature:
Fees paid: $ 4 5"_D, O 0 Date paid: 5- ~,
Received by: ~ ~ ~ Application number:
9
13
10
ZONE SD
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SD
Pentfend ETJ Une ~/// '
BAILEY ROAD j
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R-1(287)
1
ZONE SD
5 R- 1 (287)
R-1(287) _z
HERON LN.
) ZONE SO
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City Umlt Une
6
2
Houston Bus{hess
Investment Inc.
FROM
8D TO GB
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS a .newspaper of general
:irculation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date
· ·
ubscribe and sworn to before me this
her
· . . aS
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.
Date
Date
Date
Date
20~
20__
No. Date
20--
President
Subscribe and sworn to before me this
20 t,a
day of~/--~-
i:RUtE~[rLQ, I~t~u isher
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June 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TFIF~ CITY COUNCIL ON ZONING APPLICATION
NO. 925
Request of Houston Business Investment, Inc., owner, for an amendment to the Land Use
and Urban Devdopment Ordinance of said City from Suburban Development District (SD)
to General Business District (GB) on the following described property, to wit:
Being Tract 10, out of and part of the commercial reserve of Block 17, Section 3, West Lea
Subdivision, as recorded in VoL 12, pg 23, Brazoria Co. plat records, Brazoria Co., TX (4109
Manvel Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 19, 2000, a~er a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Charlei V'dctorin and seconded by Commissioner Todd
Ioceo to recommend approval of Zone Change Application No. 925.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission