Ord. 509-470 07-24-00ORDINANCE NO. 509470
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 1.377 ACRES OF LAND IN SECTION 20, H.T.
& B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 924) (BROADWAY STREET @ CULLEN BOULEVARD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF JAMILA JOHNSON OF
BREWER & ESCALANTE ASSOCIATES FOR EXXON MOBIL, AGENT FOR
WILLIAM J. WISE, 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, Jamila Johnson of Brewer & Escalante Associates for Exxon Mobil, agent
of William J. Wise, Owner, filed on April 27, 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 'W'; 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. 509;
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, Jamila Johnson of Brewer & Escalante Associates for ExxonMobil,
agent for William J. Wise, 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 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 Jamila Johnson of Brewer & Escalante Associates for ExxonMobil, agent for
William J. Wise, 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:
1.377 acres of land in Section 20, H.T. & B.R.R. Co. Survey, A-506, Brazoria County,
Texas (Broadway Street @ Cullen Boulevard)
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.
2
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 deerned 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. 509470
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.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
~N~ CHANG~
revised 315196
Ch,nge in Zoning Cla.in~tion from: ~[~nt to: General Business District
District
Change in Regulations in Se~ion ~:
~:19 N0,UUZ f.U3
Specific Use for:
Proper~y address: NWC FM 518 and Cullart, Pearland, TX
Lot: Block: ~ Subdivision: Unplatted
Metes & Bounds Description: 1.377 acres out of section 20 H.T.B. R.R.
(unplatted property only; attach sur~ey) Survey, Asbtract 506
Tax I.D. number: R50zl0ql
Proposed use of land within requested designation: Gas Station with Convenience Store and
Carwash
Record owners name; William J. Wise, Trustee
Owner's mailing address;- 9000 Southwest Freeway, Suite 32q, Houston~
Owners telephone number; (713) 771-6633
TX 7707~
Agenrs name: Jamila Johnson, Brewer & Escalante Associates for, ExxonMobil
Agenl's mailing address: 10900 Norfhwest Freeway, Suite 126, Houston, TX 77092
Agent's telephone number; (713] 688--3530
PETITION: As ownerlagent, I hereby petition the City for approval of the above described request as
provided by the laws o1' the State of Texas and Ordinances of the City of Pearland. *On a Spe~:ific Use
Permit request to allow a residential use in a business r. one (OP. NS, GB). I acknowledge that such use
may be incompatible with run'ant and future uses on propeffies in my vicinity.
To follow under .
Owners signature: Separate cover Agenrs signature:
Fees paid: $ ~) , ~ Dale paid: ~~
Received b_y: f 'Y ~ ~-i~3_ AppliCatiOn num_be~r!_ ~ ~),,Z,.~
44
ZONE SD
45
BROADWAY STREET
17
18
59 ~
r'n
Z
ZONE SD
ONE SD
I
(3j_Q)
(76,77)
23
15
28
0
0
N
ZONE SD
C
8D TO 6B
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
;irculation in Brazoria 'and Harris Counties, for / issues, as follows:
No. / Date :F- 2 r_,/ 20 a'o
No~
No.
Date
Date
Date
Date
20 .
No: 20 .
Jbscribe and sworn to before me this
. . YPresident . ' ·
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 ·
President
Subscribe and sworn to before me this
20 ~
/ day of~_~
' ~m~:m~,~~isher
June 20,2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 924
Request of Jamila Johnson of Brewer & Escalante Associates for ExxonMobil, agent for
William J. Wise, 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:
1.377 acres of land in Section 20, H. T. & B. R.R. Co. survey, A-506, Brazoria Co., TX
(Broadway Street ~ Cullen Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on June 19, 2000, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Todd locco and seconded by Commissioner Donald Glenn
to recommend approval of Zone Change Application No. 924.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Mary Starr, Chairman
Planning & Zoning Commission