Ord. 509-510 03-12-01 ORDINANCE NO. 509-510
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 3.1092 ACRES OF LAND OUT OF
LOT 46, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 8, H. T. & B. R. R. COMPANY SURVEY, A-504,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 24, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
968)(BROADWAY STREET @ GARDEN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF ORLEN O'DAY, 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, Orlen O'day, Owner, filed on December 4, 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 5th of February, 2001, 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 6th day of February, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 509-510
proposed amendment application by, Orlen O'day, 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 February 26, 2001, 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 Orlen O'day, Owner, presented which, in the judgment of the City
Council, would justify the approval of said application, now, therefore,
BE IT 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:
3.1092 acres of land out of Lot 46, Allison Richey Gulf Coast Home Company.
Subdivision, Section 8, H. T. & B. R.R. Company Survey, A-504, according to the
plat recorded in Vol. 2, pg 24, plat records of Brazoria County, Texas (Broadway
Street @ Garden Road)
2
ORDINANCE NO. 509-510
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.
3
ORDINANCE NO. 509-510
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.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 26 day of
February ,2001. ~
MAYOR
ATTEST: .//~
~¢)TY ~AR~~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day
of Harch ,2001.
4
ORDINANCE NO. ,509-510
TOM REID
MAYOR
ATTEST:
;)/f'Y S ~4:tETARY M
APPRQVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
__ Change in Zoning Classification from: 5 b rbctr to: (.~{SPdlS/2&l '~ ,nr~55
__ Change in Regulations in Section ti:
\
__ Specific Use for: *
Property address:
(.Xll ibon
Metes & Bounds Description:
(unplatted property only; attach su~ey)
Tax I.D. n~ber: 050q- 00 7~-
Proposed use of land within requested designation:
Owner's telephone number: ~/- </~'- ~//j
Agent's name: ~( L,'~wi5
PETITION: As owner/agent, I hereby petition the Ci~ for approval of the above described request as
provided by the laws of the State of Texas and Ordin~ces of~e Ci~ of Pearland. *On a Specific Use Pe~it
request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use may be
incompatible with cu~ent and future uses on ' ' '
Fees paid: $ 5¢0,~
Received l
GARDENIA
R-1(217)
n,
~E SD ~ R-1(117) R-1(154) R-1(154)
22 R-~(~20)
ZONE SD ~'
· ,3.1092 ACRES R-1(160) R-1(154-)
ONE SO R-1(154) C (46
R-1 (166)
23
ZONE SD
~q:~k~o,~-'x C(383)
OB
BROADWAY ST.
3
c(
R-1
162)
10 10A
FROM
8D TO QB
968
3.1092
ACRES
FROM
8D TO GB
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. 7-' Date /-/'~ 20
No. Date 20 __
No. Date 20 __
No. Date 20 __
No, Date 20 --
~President
Subscribe and sworn to before me this ~ day of ~
~~. n~'~~her
Publish,~l Jar~,~l~. & Jan.
24,2001
NOTICE OF,.A'JOINT .
PUBUC HEARING OFYHE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSIONOF THE .
CITY OF PEARLAND, '
T~AS
Notice i~'hereby ~]ivan th~t/
o0 the 5th day of Febmary,~
20,01, a~ 6:3Q p.m. the City
Coun(~il*ar~d. the P ann ng
and Zoning Commission of
tho City 6f Pe~la~d,
Brazoda, Harris and Fort
Bend Counties, Texas,
conduct a Joint Public
Hearipg in.the CounnU
(~mbnrs, City. Hell, 3519
L!b~erty Drive, Pearland, -
Texas, On the request of C,
L. Davis, agent for Orlon
O'Day~ owner, for an~
ampndment tO the Lend
_U.~e and Urban Develop.~.
merit Ordina~-~f said (~
from Classification SD:~
(S u b~urbar~ ._Qevelqpment -
8.f0O2~ a~e~ ~fl~l out of
Lot 4$,Nlisbn Ri~hay Gulf
At ~d ~eaE~g qll intmest-~
ed~e~ Shall have' the.
, ~[9~[~d opportunity to
:a~r ~ h~rd on the
/~ Young Lodin9
C~
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 waspublished
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 /-,~ r./ 20 ~/
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~President
Subscribe and sworn to before me this · ~ day of
her' ~ .-;4u,., ~,~'~ateo! x s
Nota. Publi¥~~as
Publishe.d. Jan. 17~& Jan.
24,2001
NOTICE oF A ~IOINT
PUBUC NEARING OF THE
CITY COUNCIL AND~TI'IE. .
PLANNING AND ZONING
'COUUISSION OF THE,
CiTY OF PEARLAND,
· TEXAS
Notice is hereby gi;/en that
'on the 5th day of February,
20or; at 6:30 p.m., the Cily
Couneil and the. Planning
and Zoning Commission of
the City of Pearland,
Brazoria, Harris and Fort
Bend Counties, Texas, will
c6nduct a, Joint 'Pubfic
' Hearing in the Council
Chambers, Cib/Hall, 3519
Liberty D~'ive, PQarland,
Texas, on ihe t~UeSt of C.
L. D~ivle, agent,for Orlen
O'D~y, owner,/~or an
amendment to the Land
. Use and Urban Develop-
i:r~t O~dir, an~ of ~d C~
f-rdm ~ikssificetlon SD
'(Su. burbltn Developmen!
Dlstr ~t)~to GB (General
IbWi~ng"d~scrj~ .properly,
Coast
R.R,~CO
ed s shall have the
t :~d. opportunity to
~.~. d~be heard on the
Is/Young Lo~flng
APPLJCATIONNO. 96~ ,
February6,2001
Honorable Mayor and Council Members
City ItaU
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 968
Request of Orlen O'day, 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:
3.1092 acres of land out of Lot 46, Allison Richey Gulf Coast Home Co. Subdivision, Section
8, H. T. & B. R.R. Co. snrvey, A-504, according to the plat recorded in Vol. 2, pg 24, plat
records of Brazoria Co., TX (Broadway Street ~ Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on February 5, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Richard F. Tetens and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 968. Commissioner Tetens
stated that there is no reason not to approve this request.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorirg Chairman Y -
Planning & Zoning Commission