Ord. 509-203 05-11-98ORDINANCE NO. 509-203
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 BEING 3.4228 ACRES IN THE H.T. & B. RR CO. SURVEY, A-241,
AND BEING OUT OF A 39.2484 ACRE TRACT CONVEYED IN 96-015983 OF
THE DEED RECORDS, BRAZORIA CO. TX (6516 BROADWAY) (APPLICATION
NO.286) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS (GB) AT THE REQUEST OF R. WEST
DEVELOPMENT CO., INC., AGENT FOR FRANK D. BARRINGER, TRUSTEE,
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, R. West Development Co., Inc., agent for Frank D. Barringer, Trustee,
owner, filed on December 12, 1997, 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 application for amendment attached hereto, and made a part
hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 13th day of April, 1998, 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 "6", 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 15th day of April, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by R. West Development Co., Inc., agent for Frank D. Barringer,
Trustee„ owner, whereby the Commission recommended and approved a change of
1
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 April 27, 1998, 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 R. West Development Co., Inc., agent for Frank D. Barringer, Trustee„ owner,
facts were 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) is
hereby for all purposes changed and reclassified as General Business (GB); such property
being more particularly described as:
Being 3.4228 acres in the H.T. & B. RR Co. survey, A-241, and being out of a
39.2484 acre tract conveyed in 96-015983 of the Deed Records, Brazoria Co.
TX (6516 Broadway)
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
2
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.
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-203
PASSED, APPROVED, and ADOPTED on First Reading this 27th day of
April , 1998.
ATTEST:
TiOREID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this lith day
of May
ATTEST:
, 1998.
APPROVED AS TO FORM:
Cdvl N. Gk,
DARRIN M. COKER
INTERIM CITY ATTORNEY
4
TOM REID
MAYOR
April 15, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 286
Request of R. West Development Co., Inc., agent for Frank D. Barringer, Trustee,
owner, for an amendment to the Land Use and Urban Development Ordinance of said
City from Classification Suburban Development District (SD) to General Business
District (GB) on the following described property, to wit:
Being 3.4228 acres in the H.T. & B. RR Co. survey, A-241, and being out of a
39.2484 acre tract conveyed in 96-015983 of the Deed Records, Brazoria Co. TX
(6516 Broadway)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on April 13, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Jack Mathis
to approve Application No. 286.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
/)?tt Is& iA/, ieC
Mary Starr, Chairman
Planning & Zoning Commission
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • (281) 485-2411 • www.ci.pearland.tx.us
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Change in Zoning cation from: sn
Change in RegulatiSection Ar:
Specific Use for: *
B ck 100' - Commercia
(0: Balance of tract - GB
Property address: 6516 Broadwa Pearland,
See Attached - Exhibit "A"
Lot: Block:
Texas
Subdivision:
Metes & Bounds Description: See Attached - Exhibit "A"
(unplatted property only; attach survey)
Tax 1.D. number: N/A
Proposed use of land within requested designation: Retail Center
Record owner's name: Frank D. Barringer, Trustee
Owner's mailing address: P. 0. Box 867, South Houston, Texas 77587
Owner's telephone number: (713) 944-2111
Agent's name: R. West Development Co., Inc.
Agent's mailing address:
2510 Westminister, Pearland, Texas 77581
Agent's telephone number: (281) 997-1500
PETITION: As owner/agent, 1 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
Perm:t request to allow a residential use in a business zonc (OP, NS, GB), 1 acknowledge that such use
ri�.ry h, inconrp;uihh with current and future uses on properties in my vicinity.
l (i 11 Y
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Aj'cnt's signature:
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SUB'/R.BAN DISTRICT
LOW :ENSITh' SINGLE FAMILY DWELLING DISTRICT
V DENSITY SINGLE FAMILY DETACHED DWE! LING
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MULTI —
FAMILY DWELLING DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
PLANNED UNIT DEVELOPMENT DISTRICT
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City of Pearland. Texas
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FRANK D. BARRINGER,TRUSTEE
ZONE C� NGE
FROSD TO GB
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M••• MIN?
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 3' 2C 19 58
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 1/8
day o
Motafy ublic, State. -of Texas
Laura Ann Emmons, Publisher
glffr
AMINE PLAR.
AW ZONISQ ui
OFTIMMY OF
Tit7M&
is Aeby Own that on
13th day d Apra. itgE9, in
p.m, the city Carni
the Planning andMho Zoning
a, ardor*
Terri, se
Jol tP in lbs
ChanFilt
361S M
thirty Dd�Pee
TeDR e>f Irma peect
Old 0100oprnutt?R,
XIleatbrfrarrh D.
owner, tar an an89111-
1elhe Land Ube*
bevelopment
ri said City horn
Development (Mb (knead
Business District (QB) an the
Ito
g d i�opeN),
wit
Being 3.4226 iiaasld
KT. &B.RRCo. sump, Ar
241, and being out of a
392484 acre tract canreyed
in 98-019983 of the Deed
Records, Braaoab Co., Tx
18 Broadway)
rsaid head% all interested
parties shall have the aght
i and opportunity b appear and
be heard on the subject
tear. deal
„s_.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pcarland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 4/ 19 1R
No. Date 19
No. Date 19
No. Date
No. Date
19
19
Subscribe and sworn to before me this
19
Ye)
day of �(
Mary Public, State of Texas
Publisher
4z?
UMMKU OF THE CRY
COUNCIL AND THE
ANS AND ZONING
MOON OFTHE
MUM
Salo kr that on
,199, at •
ABB am th. G y Count
d d to Planning and Zoning
Max*of the City ct
and Nods
IIIIMttaa, Texas, will congest
r446 DrIve, Chambers,cey Nag,
mei, on to mount c%R d,
NOD. amiqpik
OsUN
EGALS
Trustee, owner, for an amend-
ment to the Land Uss and
Urban Development
Ordinance Niggly Bo
Classification Sub
Development (SD) to Geuwi
Business Disalct (GB) en Ohe
to
foNlowing described property,
Being 3.4228 acres in to
H.T. & B.RR Co.
241, and being
392484
in 96-01 '. <T ; Deed
Co., Tx
fitiOraid hearing al Interested
'parties shall have the right
and opportunity b appear and
be heard on the subject.
Young Leda,
City Secndery
day , tio. sa tw