Ord. 509-504 03-26-01 ORDINANCE NO, 509-504
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF TH E CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING LOTS 4-10, DETENBECK &
BARNHART SUBDIVISION, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 10,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
964) (5902 BARDETT) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF ARTHUR PARTAIN, 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, Arthur Partain, 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 6th 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 5th day of February, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Arthur Partain, Owner, whereby the Commission
ORDINANCE NO. 509-504
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 (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 12, 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 Arthur Partain, Owner, presented which, in the judgment of the City
Council, would justify the approval of said application, now, therefore,
BE IT ORDAINED BYTHE 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 (GB), such property
being more particularly described as:
Lots 4-10, Detenbeck & Barnhart Subdivision, Brazoria County, Texas, according
to the map or plat thereof recorded in Volume 15, Page 10, plat records of Brazoria
County, Texas (5902 Bardett)
I1.
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
2
ORDINANCE NO. 509-504
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 exemise 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. 50g, and consistent with the approval herein granted for the reclassification
of the herein above described property.
3
ORDINANCE NO. 509-504
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 12 day of
March ,2001. ~,~
TOM REID
MAYOR
ATTEST: ¢,~,~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26 day
of March ,2001.
TOM REID
MAYOR
4
ORDINANCE NO. 509-504
ATTEST:
UN~i',i~i~Ei N¢r
Y SE~I~ETARY ~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
x Change in Zoning Classification from: SD to: Commercial
__ Change in Regulations in Section #:
Specific Use for: *
Property address: 5902 Bardett
4,5,6,7,
Lot: 8,9,10 Block: Subdivision: Detenbeck & Barnhart
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: Vacant
Proposed use of land within requested designation:
Record owner's name: Arthur Partain
Owner's mailing address: 6806 Broadway Pearland, TX 77581
Owner's telephone number: 281 485-9595
Agent's name:
Agent's 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
with current and future uses on
209)
R-1
80 17
ZONE SD R-2
ZONE SO
ZOtiE SD
2O
77 ZONE SD
ZONE SO ZONE Si)
76 2'1
75
R- 1 '~ 88)
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 Brazoda and Harris Counties, for / issues/as follows:
No. ~" Date /-/~ 20 L;/
No, Date 20_
No. Date .20
No. Date 20 __
No. Date 20 --
~/'~President
Subscribe and sworn to before me this ~ day of (.~
L~__~~ ~"~nar
Notary Public, Siate-oD~xas
· C~ (~OiJNCiL:AND ~
; P~NI~G AN~ ZQ~
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Fort
SD
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 ' /-,~N 20 d/
No. Date 2Q
No. Date 20
No. Date 20
No. Date 20 __
~President
SubsCribe and sworn to before me this ' ~ 'day of ~/_
20 O I ~her
Notary Put--as
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the: C
Will
3519
inte[e~?
February6,2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 964
Request of Arthur Partain, 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:
Lots 4-10, Detenbeck & Barnhart Subdivision, Brazoria Co., TX, according to the map or plat
thereof recorded in Volume 15, Page 10, plat records of Brazoria Co., TX (5902 Bardett)
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 Emil A.
Beltz to recommend denial of Zone Change Application No. 964. Commissioner Tetens stated
that he had two reasons for his recommendation. His first reason was that the Comprehensive
Plan calls for "General Business", and the second reason is that south of the property is
"residential" zoning.
Motion to deny passed 6 to 0.
This is submitted for your consideration.
S. in?erely, .
H. Charles Viktorin, Chairman / ] t' bt '
Planning & Zoning Commission