Ord. 509-278 01-25-99ORDINANCE NO. 509-278
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 1.1404 ACRE TRACT OUT OF A 2.27 ACRE TRACT OUT
OF LOT 9, THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14,
H.T. & B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (6319 COTTONWOOD) (APPLICATION NO. 648) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF DAVID WAYNE WILSON,
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, David Wayne Wilson, owner, filed on December 4, 1998, 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 20th day of January, 1999, 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 21st day of January, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by David Wayne Wilson, 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) 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 January 25, 1999, 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 David Wayne Wilson, 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:
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 General Business (GB); such property being
more particularly described as:
Being 1.1404 acre tract out of a 2.27 acre tract out of Lot 9, the Northeast 1/4
of the Southeast 1/4 of Section 14, H.T. & B.R.R. Co. survey, A-509, plat
records of Brazoria County, Texas (6319 Cottonwood)
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.
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.
ORDINANCE NO. 509-278
~' day of
PASSED, APPROVED, and ADOPTED on First Reading this cl 4--LJ
,1999.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ~'3~~ y
,1999.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
day
DARRIN COKER
CITY ATTORNEY
· ..:5....?:~ .........~ :::.~!,'_.~.,_::!:.~::.~:~,_,..?.%~:~:._,,~..,,,:.....,,,~~~:,~.'~,:~'.,,~'. %r..~i~.!~.~_6 .,::,,:~.'..~!!~;!.~, ,,.:!.,%.~..~..,!~ ,~ .,,\~~'..5~ %0 I
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
Owner's mailing address: /D~t
Owner',., telephone number: 2 ~('
Agent's name: ~/O4
Agent's mailing address:
Agent's telephone number: ~ I C_A'
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 Io allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
_may be incompatible ' current and future uses on properties in my vicinity.
I:ccs paid: $ F~id: I '~-" ~ ~ ' "
WILLOW DR.
ZONE SD
COTTONWOOD
ZONE SD
10
12
RAZA RD~'~
200'
ZONE SD
200'
~P .)
ZONE
SD
631,c CO"TONWOC, D
DRIVE
N
/-,
ZONE SD
15 13
SD
R-1
GB
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY
GENERAL BUSINESS DISTRICT
DWELLING DISTRICT
DAVID mLBON
ZONE CHANGE
FROM
8D TO GB
I)dm DEC,, 1998 ~ :1"
mm Br;J.E,B, CAD riLE=
ce,, e,= D. sMrm ~8-82U
~HEET
1
OF 1
OF PUBLi'CATION
~/:T'h~',':.P.Carlar~d Reportei' News.
;i'i.,2404'Sodth'pa=rk ·
Pearland, Tcxas. 77581
State of Texas
Brazoria and Harris Couhties
1, Joan Curnnlir~gs, hereby certify that the notice hereby al}pended was published
in Brazoria and Harris Counties in l.r~e REPORTER NEWS a newspaper of 9cncral
circulation in Brazoria and Harris Counties, tot 7 '
......... /- ................... msues, as follows:
No.
No.
No.
No.
No.
,Date=
"Date .....-, ..........:____ 19
'Date
Date
Date
19
19
19
Subscribe ar~cl sworr~:':t(
19 ~ g :,:-:i.
;: Being 1;1'404 .~l~:,~tfact.'abt of a
OUNCIIj AND THE ~LAN-" 'S09'l~lat te~ords
NING AND ZONING COM- Co., TX'(6319 Cottonwood)
' MISSIONOF THE ClTY"OF ':'~t s~iid hearing all interested
PEARLAND, TEXAS ' '
,.!parties shalJ have the right
and oe~rtunity tO appear and
.~ " '. l:. be heard ~h 'ffi~:sbbject.. '
Notice is hereby given thal el!. Ydu~ 'L{~;fih". ·
the 1'1th day'of.~JanU~y ;'... g g ' '"
1999, at 6'30 'pm" the'
.... S .
Council and the:PlaOning 'end';.;.""" "' '.' ' ' .
Zoning CommiSsl'dt~ .of.;th~,~t'lIN~;'<;~.
City of Pearland, Bra~.oria 'and
Harris Counties 'Texas','~vl
' c0ndu~t a 'Joint' ;Public
i Hearing in' th'e'~ 'Council
Chambers, City Ha!l, 3519
.= .Liberty :DriVe,. :P~arland,
', ,T..exas,"on .the: r. equeet. of
I~vid
.! .{! ) on'~~iltg
State of Texas
Brazoria and Harris Counties
s 77581
1, Joan Cummings, hcreby.:certi/y that the notice~ hereby gppended was published
in Brazoria and Harris Counties in the RERORTER NEWS, a newsl}apcro[ 9cncral
circulation in Brazoria and Harris C,OuntieS, for .... '.Z!' ..................issues, as lollows:
No.
No.
Date
!!'Date
Date
No. Date
No.. ......................iDato
19
19
19
19
Laui'~.i Ann Emmons, Publisher
~.~'~:~] ~ CIL, AND THJ~.P..LAN-
:~2-'- !,-" NING AND ZONING COM-
!-::!'~ i-:: 'Mi.~.SIO" OF. THECITY,. OF
.... ~i~ARLAND TEXAS
i.e:99, at ', p,m., the
e.99, at
~Un. cil a~ tj)~,Planning and
~bning Com:'..'~ian of the
~ of Pearf~di J~razdria and
.Harris Cdd~;:,..Texas, will
:~ring in:~;~.L., Council
.~bambers.,~,~!~lall, 3519
berty I;~ ";!' 'Pearland,
~xas, o.i~,' ,tf~quest Of
:D, avid Wa~'~n, owner,·
f.Or. an a~m~ament to the
I~and U,~la~,:and Urban
b~velopm,'~ li,~rdinance of
S~j,cl City ~ ~:'Classificati06
~uburban::,' ~elopment (SD)
to Genera ~iness Distrjdi
(G.B) o~1] !the following
· b .... wit:
d.c. edi
;~,~7 ac,' ~)ut of Lot 9,
N~/4 '0~ i'~"~;E U4 of Se~t
14, T&'B ~' Co, survey,
..{.9 plat.·" 51_.s of Brazoriq~.
".o., 'rx(' '~.ttonwooU) .~ ":i
At said i~' ~ng all intereste~:'=~
rties,:i .. i' have the rig.
tu; rfing "'
"!:_ .
21 January 1999
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zone Change Application No. 648 and Specific Use Application No. 66
The above referenced zone change application was reviewed by the Planning and
Zoning Commission at a regular meeting held on Monday, January 11, 1999. The
owner requested an amendment to the Land Use and Urban Development Ordinance
of said City from Classification Suburban Development (SD) to General Business
District with a 'Specific Use (GB-S) on the following described property, to wit:
Legal Description:
Being 1.1404 acre tract out of a 2.27 acre tract out of Lot 9, the
NE ¼ of the SE ¼ of Section 14, H.T. & B. R.R. Co. survey, A-
509, plat records of Brazoria Co., TX (6319 Cottonwood)
Owners:
David WayneWilson
P.O. Box 1456
Pearland, Texas 77588
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Emil
Beltz to approve the zone change application request listed above from classification
Suburban Development (SD) to General Business with a Specific Use (GB-S).
The motion to approve passed 5 to 0.
Please read this information into the official records of the City of Pearland and provide a
written copy to the City Secretary for the same purpose.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission
City of Pearland