Ord. 509-248 11-09-98FAILED 11/9/98
ORDINANCE NO. 509-248
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 66.69 ACRES OF LAND, BEING A PART OF LOTS 16, 17,
18, & 25, OF THE L.W. MURDOCK SUBDIVISION, ACH & B SURVEY, SECT.
2, A-507, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 29, PG. 174, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS, AND ALSO BEING A PART OF THE H. STEVENS SURVEY,
A-594, BRAZORIA COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN
207.179 AC. TRACT DESCRIBED IN A DEED FROM JOHN ALEXANDER AND
A. GUY CROUCH AS INDEPENDENT EXECUTORS AND TRUSTEES OF THE
ESTATE OF HELEN F. ALEXANDER TO ELIZABETH ALEXANDER NISBET
DATED JUNE 4, 1981, AND RECORDED IN VOL. 1597, PG. 315, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 571) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE
FAMILY DWELLING DISTRICT (R-4 PUD) AT THE REQUEST OF R. WEST
DEVELOPMENT, AGENT, ELIZABETH ALEXANDER NISBET, 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, R. West Development, agent, Elizabeth Alexander Nisbet, owner, filed on
October 2, 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 26th day of October, 1998, a joint public hearing was held bef3re
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 R. West Development, agent, Elizabeth Alexan:ter
Nisbet, owner, whereby the Commission recommended and approved a change of
classification for the property described in Exhibit "A" from its existing classification of Single
Family Dwelling District (R-2) to Single Family Dwelling District (R-4 PUD); 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 R. West Development, agent, Elizabeth Alexander Nisbet, 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 Single Family Dwelling District (R-2) to
Single Family Dwelling District (R-4 PUD); such property being more particularly described
66.69 acres of land, being a part of lots 16, 17, 18, & 25, of the L.W. Murdock
subdivision, ACH & B survey, sect. 2, A-507, Brazoria County, Texas,
according to the plat recorded in Volume 29, pg. 174, Deed Records of
Brazoria County, Texas, and also being a part of the H. Stevens Survey, A-
594, Brazoria County, Texas, and being a part of that certain 207.179 ac. tract
described in a deed from John Alexander and A. Guy Crouch as independent
executors and trustees of the Estate of Helen F. Alexander to Elizabeth
2
Alexander Nisbet dated June 4, 1981, and recorded in Vol. 1597, pg. 315,
deed records of Brazoria County, Texas
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.
Ill.
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 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. 509-248
PASSED, APPROVED, and ADOPTED on First Reading this day of
,1998.
ATTEST:
TOM REID
MAYOR
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