Ord. 509-469 07-24-00 ORDINANCE NO. 509-469
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 5.00 ACRES BEING TRACT 2, SECTION 17
OF H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 921) (MANVEL ROAD @ FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF LUCY MARIE WOODS,
AGENT FOR PATRICK WILLIAM GABRIEL, 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, Lucy Marie Woods, agent for Patrick Williams Gabriel, Owner, filed on April
17, 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 12th 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 20th 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, Lucy Marie Woods, agent for Patrick Williams Gabriel, Owner,
whereby the Commission recommended and approved a change of classification for the
property described in Exhibit 'W' 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 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 Lucy Marie Woods, agent for Patrick Williams Gabriel, 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 Commercial District (C); such property being
more particularly described as:
5.00 acres being Tract 2, Section 17 of H.T. & B.R.R. Co. Survey, A-242, Brazoria
County, Texas (Manvel Road @ Fite 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.
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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.
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ORDINANCE NO. 509469
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
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
CITY OF'PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
SD
Commercial
Properly address: County Road 91
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
@ 1128
See Attached
Subdivision:
survey - Track 2
Tax I.D. number:
Proposed use of land within requested designation:
RecoM owners name: Patrick William Gabriel
Owner's mailing address;- 1903 Place Rebecca Lane (SI0) Houston 77090
Owners telephone number: 281 583 7~36
:: :.
Agents name: Lucy Marie Woods
Agenrs mailing address: P.O. B0x"'1287 Alvin,
Texas77512
Agenrs telephone number: 281 331 0200
PETITION:: As owner/agent, I hereby/petition the City for approval of the above described request as
provided by the laws of the Stateof 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.
Received by: ~ ~ Application number:
N
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Fife ROAD
ZONE SD
ZONE SD
ZQN'; SO
lb R-1(161)
R-1(33B) '~5
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F(152)22 R_1(161)~9 R-1(161)
ZONE SD
ZONE SO
CltyofPeebl~Texee
PATRICK WILLIN~
ZONE CHANeE
FROM
8DTOC
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 ': , . i~:-: .:: ~:-: .
No:' Date : 20 ' · '
· · YPresident"
;ubscribe and sworn to before me thisZ---'z"' day of
' '~her
:~ - . .:
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.
1
Date
Date
Date
Date
Date
2O__
~President '
Subscribe and sworn to before me this
~0/b
isher
xas 1~ %\
June 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 921
Request of Lucy Marie Woods, agent for Patrick William Gabriel, owner, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Suburban Development District (SD) to Commercial District (C) on the following described
property, to wit:
5.00 acres being Tract 2, Section 17 ofH. T. & B. R.R. Co. survey, A-242, Brazoria Co., TX
(Manvel Road ~ Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 19, 2000, after a Joint Public Heating, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 921.
Motion to approve passed 5 to 1.
This is submitted for your consideration.
Mary Start, Chairman
Planning & Zoning Commission