Ord. 509-444 03-27-00ORDINANCE NO. 509-444
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 PART OF LOT J IN WESTGATE PARK
SUBDMSION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 886) (2555
WESTGATE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST
OF JOHNSTON BUILDERS AND ASSOCIATES, AGENT FOR EDWIN
ANDERSON, 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, Johnston Builders and Associates, agent for Edwin Anderson, Owner, filed
on December 9, 1999, 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 28th of February, 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 7th day of March, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Johnston Builders and Associates, agent for Edwin Anderson,
Owner, whereby the Commission recommended and approved a change of classification for
i
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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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 March 27, 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 Johnston Builders and Associates, agent for Edwin Anderson, 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:
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:
Part of Lot J in Westgate Park Subdivision, Brazoria County, Texas (2555 Westgate)
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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Change in Zoning Classification from: 5 J to: (73 8
Change in Regulations in Section #:
Specific Use for: *
Property address: 5 v5 GC�-s 1c"9-IC6 -)1(\ee t / ,`,q,2 I,q„t9
Pec3/424- vh LBT -T" ,n L.,V5,55Me JA.2,,
au,5 , (5flc :A 6
Lot: Block: tit,)ena CtE•,3�L+ (3c R)
Subdivision: W,€s AFe ; A2k.
Metes & Bounds Description:
(unplatted property only; attach survey) •$OR✓�/ (4140e4 e
Tax I.D. number:
Proposed use of land within requested designation: 440,1e,29,1 ,'vs,ii
Record owner's name: tD $J e N /i11
t7 Cie S 6)..1
Owner's mailing address: I-/1) 3 (7 /k,l/Itiu Tx- Die. PS4€LtAn' Ty, 7rX 8`1
Owner's telephone number: Z$ i e(q Z "767 9
Agent's name: r /e Ansle,/ 0,it- /, 2 c 4 ✓-3Seci tifr5
Agent's mailing address: 7n,4, lAc e e (5;9nAq fC _ / yviy 775 - 0
Agent's telephone number: /yev) 997 s - 3 1 7/
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 fu uses on properties in my vicinity.
�cgi
Agent's signature:
Owners �
signature:
Fees paid: $ 0.55-47- o D
Date . aid: 02 ' 9
Received b y#�-
GB(S)
(135,138)
GB(206)
GB(242)
CITY LIMIT LINE
Gity of Pedaed. Texas
ZONE CHANCE
FROM
SD TO GB
Awls
.rf¢: 1"000'
CAD TLC
00-0014
SHEET
OF
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 02 - 7 20 a)
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
200)
7-"Z Ill al 0--,
President
LAUP r . EMMONS
Notary Public, State of Texas
PUBLIC HEARING OF_THE,
CITY COUNCIL AND -TRW
PLANNNIG AND ZON
COMMAND., OF WI
Nelkin is
tr
2000, at!'.d3�iCity
Conned ad
and
Zoning the
City of Peadand, ria;
Harris and Fart nd'•.
Counties, Tics wIturalust
a Joint Pvhfc . the
Council Chillawat-
3519 Lbedy Drive, Pe?darld<:
Texas, on the rst
MMMaston Bu dc-
Aneclates, aUSIOINTILBANI
Anima, toner:
-Urban De
-Odinance of saidCi tjm
Classification Suburban
Development District (3O to
General Business District
(GB) on the -_ follatithlg:
described property, to wit
Par►0 Lot J in Westgate path
" Brazoria Co:,'iX(Mika)
Shearingan interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
YOUNG LOAFING
CRYSECRETmy
APPLICATION NO.IIS
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 /6 20 0
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 0
al_teee
President
aysofEk
RL4c,State etTexas G
mission Expi 3 9-9-02
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
CO/MISSION OF THE CITY OF PEARLAND, TEXAS
Notice is hereby given that on
the 28th day of February,
2000, at 6:30 p.m., the City
Count and the Planning>amt
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, wil conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Peadand,
Taxes ;or) he= feddeal of
JuhnswA . Builders_._ • 8c
Asaaefd agent for Eihvin
Anderson; owner4_1ot an
amendment to thr! Land Use
ant --Urban Development
OrtMealiciof safdQ>ot from
Clasaifion
General 6 ingss_ District
(GB) on fffu)�owing
pa ies = right
and opp:a urae to appear and
be heard a the siMect.
YOUNG tu0
OTT SEn
APPLICATIOSND. Mt _ -
March 7, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 886
Request of Johnston Builders and Associates, agent for Edwin Anderson, owner, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Suburban Development District (SD) to General Business (GB) on the following described
property, to wit:
Part of Lot J in Westgate Park Subdivision, Brazoria Co., TX (2555 Westgate)
Honorable Mayor and Council Members:
At a regular meeting held on March 6, 2000 after a Joint Public Hearing, the Planning and Zoning
Commission considered the above -mentioned request.
A motion was made by Vice -Chairman Tommy L. Scott and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 886.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
stim,
Mary Starr, Chairman
Planning & Zoning Commission
ORDINANCE NO. 509-444
PASSED, APPROVED, and ADOPTED on First Reading this 27th day of
March , 2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this1Oth day of
April , 2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
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