Ord. 509-618 11-25-02ORDINANCE NO. 509-618
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 AND GRANTING A SPECIFIC USE PERMIT FOR STORAGE AND
MINI-WAREHOUSES AND CONSTRUCTION OF AN 8 FOOT MASONRY
FENCE ON THE SH288 AND FM518 SIDE OF THE PROJECT IN
ACCORDANCE WITH THE CITY CODES ON THE FOLLOWING PROPERTY,
BEING 4.690 ACRES, ABSTRACT 300, H.T. & B.R.R. COMPANY SURVEY,
TRACT 42-43 (SPECIFIC USE APPLICATION NO. 117) (SOUTHWEST
CORNER OF S.H. 288 AND F.M. 518) FROM CLASSIFICATION COMMERCIAL
DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE C(S) 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 proposed
amendment application by, Osborn & Vane Architects, Inc., agent for Dennis Murphree TR
DEM #20, Owners, whereby the Commission recommended and denied a change of
ORDINANCE NO. 509-618
classification for the property described in Exhibit "A" from its existing classification of
Commercial District (C) to Commercial District - Specific Use (C-S); 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, it is therefore,
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 Commercial District (C) to is hereby for all
purposes changed and reclassified as Commercial District - Specific Use Permit (C-S) for
storage and mini-warehouses and construction of an 8 foot masonry fence on the SH 288 and
FM 518 side of the project in accordance with the City Codes; 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)
the
II.
The City Council of the City of Pearland finds and determines that the recitations in
preamble hereof are true and that all necessary prerequisites of law have been
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ORDINANCE NO. 509-618
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.
II1.
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
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final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of
November ,2002.
ATTEST:
,~ SECRETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day
of November ,2002.
ATTEST:
//
_~ sE(~)ETARY c/
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN COKER
CITY ATTORNEY
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