Ord. 509-617 11-25-02ORDINANCE NO. 509-617
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 4.690 ACRES, ABSTRACT 300, H.T.
& B.R.R. COMPANY SURVEY, TRACT 42-43 (APPLICATION NO. 1070)
(SOUTHWEST CORNER OF S.H. 288 AND F.M. 518) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF OSBORN & VANE
ARCHITECTS, INC., AGENT FOR DENNIS MURPHREE TR DEM #20,
OWNERS, 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, Osborn & Vane Architects, Inc., agent for Dennis Murphree TR DEM
#20, Owners, filed on September 13, 2002, 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 21st of October, 2002, 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® day of October, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 509-617
proposed amendment application by, Osborn & Vane Architects, Inc., agent for Dennis
Murphree TR DEM #20, Owners, whereby the Commission recommended to approve a
change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (SD) to Commercial District (C) and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and the recommendation of the Planning and
Zoning Commission, at a regular meeting on November 11,2002, 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 Osborn & Vane Architects, Inc., agent for Dennis Murphree TR DEM #20,
Owners, 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) is
hereby for all purposes changed and reclassified as Commercial District (C), such property
being more particularly described as:
4.690 acres, Abstract 300, H.T. & B.R.R. Company Survey, Tract 42-43
(Southwest Corner of S.H. 288 AND F.M. 518)
ORDINANCE NO. 509-617
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. 509-617
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.
PASSED, APPROVED, and ADOPTED on First Reading this 11th
Hovember ,2002.
ATTEST:
day of
TOM REID
MAYOR
4
ORDINANCE NO. 509-617
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of
tlovember ,2002.
TOM REID
MAYOR
ATTEST:
Ty SE~ETARY '-
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5