Ord. 509-279 01-25-99 -
ORDINANCE NO. 509-279
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 GRANTING A SPECIFIC
USE PERMIT FOR A CABINET/FURNITURE SHOP IN A GENERAL
BUSINESS(GB)DISTRICT ON THE FOLLOWING PROPERTY,TO-WIT:
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), (SPECIFIC USE PERMIT NO.
66) 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, owner, filed on December 04, 1998,
an application for a Specific Use Permit pursuant to Section 23 of Ordinance No. 509,
the Land Use and Urban Development Ordinance of the City, for approval of a.Specific
Use Permit to allow a Cabinet/Fumiture Shop upon a certain tract and parcel of land
within the territorial limits of said City, such land being fully described in the original
application for Specific Use Permit attached hereto and made a part hereof for all
purposes as "Exhibit A"; and,
WHEREAS; on the 20th 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 hereto 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 application of David Wayne Wilson, owner, whereby the
Commission recommended and approved the issuance of a Specific Use Permit to
allow a Cabinet/Furniture Shop in a General Business (GB) District; and
WHEREAS, upon the 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 its regular meeting on
January 25, 1999; and
WHEREAS, the City Council having fully heard the testimony. and argument of
all interested parties, 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.
There is hereby issued a Specific Use Permit to allow a Cabinet/Furniture Shop
on the following described property located within the corporate limits of the City of
Pearland, Texas, and presently classified as a General Business (GB) District:
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
Zonin9 Commission and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the Specific
Use Permit granted herein promotes the health, safety, morals, 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
issuance of a Specific Use Permit.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
ORDINANCE NO. 509-279
PASSED, APPROVED, and ADOPTED on the first reading this 2~'%ay of
,1999.
Tom Reid,
Mayor
ATTEST:
PASSED, APPROVED, and ADOPTED on second and final reading this
~ o, ~-b~-~,,,_,x r-V
Tom Reid,
Mayor
ATTEST:
ng Lo~,
APPROVED AS TO FORM:
Darrin Coker, City Attorney
· ,.,; . ; ""~" ~;,~:1 .... ~, ~ ,.~ ~j~,,~,~,."'~ CONSENT AGENDA
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Change in Regulations in Section//:
__ Specific Use for: *
Property address:
Lot: Block:
Metes ~: Bounds Description:
(unplattcd property only; attach survey)
Tax I.D. number:
Subdivision:
Proposed use of land within requested designation:
owner's maUing address: P(C),
Owner'~, telephone number: 2 ~(' /-~;:'.~ //
Agcnt's name: V'~ I C4
Agent's mailing address:
Agent's telephone number: if/ICA,
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
I'crmit request to allow a residential use in a business zone (OP. NS. GB). [ acknowledge that such use
,nay bc incompatible ' current and future uses on properties in my vicinity.
.... Date t -
Ics f ......... .' ....7 .......... · '
.....
WILLOW
ZONE SD
COTTONWOOD
ZONE SD
DR.
10
12
.... ZONE_ S_D_ ..........
RD~-'~
RAZA
~m
Y.
_J
<C
ZONE SD ~
k
63'F, CO-"TONWOCO
DRI~F_,
ZONE SD
15 13
SD
R-1
GB
SUBURBAN DISTRICT
LOW DENSITY SINCLE FAMILY
CENERAL BUSINESS DISTRICT
DWELLING DISTRICT
1
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 % of Section 14, H.T. & B. R.R. Co. survey, A-
509, plat records of Brazoria Co., TX (6319 Cottonwood)
Ownem:
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 motiontoapprove passed 5to0.
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