Ord. 509-250 11-09-98 Tabled TABLED 11/9/98
ORDINANCEN0. 509-250
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 LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 362 & 451) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)'TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF THE OWNERS OF SUCH
REAL PROPERTY, 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, the Owners have filed 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 mad =~ a
part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 26th day of October, 1998, 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.z. of
Ordinance No. 509; and
WHEREAS, on the 26th day of October, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by the owners, 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 Dislrict
(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 November 9, 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 the owners, facts were presented which, in the judgment of the City Cour cil,
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 in the City Limits of the City of Pearla~d,
Brazoria County, Texas, within the corporate City limits of the City of Pearland, Texas, ~Lnd
presently classified as Suburban Development District (SD) is hereby for all purpo~es
changed and reclassified as General Business District (GB).
1. Application 362: Leon H. & Paula K. Payne
14103 Melanie Lane
Pearland, TX
Lots 11 & 12, BIk. 7, Hickory Creek Place subdivision, out of the HT & B RR Co.
survey, A-219, according to the plat records, Vol. 11, pg. 1, Brazoria Co., TX (Comer
of O'Day Rd & Olin Dr.)
2. Application 451: James O. Winston IV
P.O. Box 2351
Pearland, TX
Being Lot 45 of the HT & B RR Co. survey, sect. 20, A-506, according to the plat
records of Brazoria Co., TX (8603 W. Broadway)
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 (;ity
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 pro ~er
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 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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-250
PASSED, APPROVED, and ADOPTED on First Reading this
, 1998
day of
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1998.
clay
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY