Ord. 509-411 02-28-00 FailedFAILED 2/28/00
ORDINANCE NO. 509-411
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 LOT 1A, H.T. & B.R.R. CO. SURVEY, A-242,
PARCEL NO. 42, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 901) (FITE
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO COMMERCIAL (C) AT THE REQUEST OF BLAINE F. BARKER II ABA,
BARKER DEVELOPMENT CO.,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, Blaine F. Barker II ABA, Barker Development Co., Owner, filed on January
13, 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 22nd 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 22"d day of February, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Blaine F. Barker II ABA, Barker Development Co., 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)
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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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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 February 28, 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 thecase of the
application of Blaine F. Barker II ABA, Barker Development Co, 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 Commercial District (C); such property being
more particularly described as:
Lot 1A, H. T. & B.R.R. Co. Survey, A-242, Parcel No. 42, Brazoria County, Texas
(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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ORDINANCE NO.509-411
PASSED, APPROVED, and ADOPTED on First Reading this _ day of
2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2000.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
sat
check one
SD
C-ola
Property address:
Lot /4 Block:
ZtfZ Arrte
Subdivision: Pi,ece Z. /va •
Metes & Bounds Description: (unplatted property only; attach survey)
Tax I.D. number:
SUBMITTAL INFORMATION: Attach a plot plan or survey showing the location, size, relationship of all
existing structures to boundary lines.
Zoniv\g
Explain why proposed aims is needed:
f` a S/it/ad-r
,) j4 A J
Record owner's name: Jhl/A/C,C£frr £,. ,i/1 _ e,/'
Owner's mailing address:
Owner's telephone number:
Agent's name:
�ve- 217 • Hautttp�c 77C
Z8/ - fl2/" - Y7//
Agent's mailing address:
Agent's telephone number:
PETITION: by the laws o e : h As wner/agents, I hereby petiti the City for approval of the above described request as
provided
e ef'Ppxa nd Orinances of the City of Pearland.
Owner's signature:
Fees paid: $
Received by:
Agent's signature:
Date paid+ — 3 —CO
ZONES CHANGE
FR
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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 J °- - Z 5 t& 20 a o
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this A day of J av^- •
20 'so
Publisher
Notary e of Texas
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PUBLIC/HEARINGE
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PLANNINGA #my
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ORPEARLAND;
Notice }aae given !February <
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05/01/2000
22 07rrlu uA _iT OF PUBLIENEWS
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PAGE 01/01
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
tte of Texas
tzoria and Harris Counties
sandy Emmons, hereby certify that the notice hereby appended was published
Irezoria and Harris Counties in THE REPORTER NEWS, a newspaper Of 9eneral
ulation in Brazoria'and Harris Counties, for
—•L----` issues, as follows:
No. / Date % - 20 T_
No. Date 20
-r-
No. Date 20.
—sue
-
No. Date '
20
No. _ Date
20-
:vibe and sworn to before me this
President
a LAURA A. EMMO $
her
Notary Public, State of Tekcas
NOTIC ,' ,OF A`=JOIN1^
PUBIJt: 1EAfiINa OflHE°.'
CITY AND THE:
PLANN1N.Cr ANDas1NG
COMAISSI9N'OF>T 1011Y .
OF PFARL ANLCTEXAS
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.Notipein,WebybfrenAltat_6o
the tdth`day+of Febpies
2000 at 6.30!P m te,o ty_
CouneiIs dthssPladlling-ard
Zon4Aomintq,g4gR.
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February 22, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 901
Request of Blaine F. Barker II ABA Barker Development Co., 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:
Lot 1A, H. T. & B. R. R. Co. survey, A-242, Parcel No. 42, Brazoria Co., TX (Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Donald Glenn
to recommend approval of Zone Change Application No. 901.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
I I
StA/VeKt—
Mary Stan-, Chairman
Planning & Zoning Commission