Ord. 509-256 11-23-98 Failed FAILED 11/23/98
ORDINANCE NO. 509-256
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 NE 1/4 OF THE SE 1/4 OF SECT. 14, HT & B RR CO.
SURVEY, A-509, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO.
505) (6319 COTTONWOOD) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF
DAVID WAYNE AND IVY DALE WILSON, 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, David Wayne and Ivy Dale Wilson, owners, filed on September 4, 1998,
an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land LJse
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 9th day of November, 1998, a joint public hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland, Te~<as,
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 9th day of November, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding Lhe
proposed amendment application by David Wayne and Ivy Dale Wilson, owners, when;by
the Commission recommended and approved a change of classification for the prop~;rty
described in Exhibit "A" from its existing classification of Suburban Development District (.';D)
to Commercial (C); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, Ihe
City Council considered this application, and concurred with the recommendation of Ihe
Planning and Zoning Commission, at a regular meeting on November 23, 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 David Wayne and Ivy Dale Wilson, owners, facts were presented which, in Ihe
judgment of the City Council, would justify the approval of said application, it is therefo~'e,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the (;ity
of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby
for all purposes changed and reclassified as Commercial (C); such property being m~re
particularly described as:
1.1404 acre tract out of a 2.27 acre tract out of Lot 9, the NE 1/4 of the SE 1/4
of Sect. 14, HT & B RR Co. survey, A-509, Plat Records of Brazoria Co., TX
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.
2
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 pro 3er
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 1his
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 Ihe
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 ELnd
final reading.
ORDINANCE NO. 509-256
PASSED, APPROVED, and ADOPTED on First Reading this
, 1998.
TOM REID
MAYOR
day of
ATTEST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1998.
~day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY