Ord. 509-236 11-23-98ORDINANCE NO. 509-236
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 ON BEING A 4 ACRE PARCEL OUT OF LOT 8, THE SE
1/4 OF THE NE 1/4, H.T. & B.R.R. CO. SURVEY A-509, PLAT RECORDS OF
BRAZORIA CO., TX AND BEING A 2 ACRE PARCEL OUT OF LOT 8, KNOWN
AS TRACT 1, THE SE 1/4 OF THE NE 1/4, H.T.&B.R.R. CO. SURVEY, A-509,
PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 282) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL (C) AT THE REQUEST OF H. WAYNE WHITT, 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, H. Wayne Whitt, owner, filed on February 18, 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 24th day of August, 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 28.4 of
Ordinance No. 509; and
WHEREAS, on the 26th day of August, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by H. Wayne Whitt, 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 Commercial (C) ;
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 September 14, 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 H. Wayne Whitt, 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 Commercial (C); such property being more
particularly described as:
Being a 4 acre Parcel out of Lot 8, the SE 1/4 of the NE 1/4, H.T. & B.R.R. Co.
Survey A-509, plat records of Brazoria Co., TX and Being a 2 acre Parcel out
of Lot 8, known as Tract 1, the SE 1/4 of the NE 1/4, H.T. &B.R.R. Co. Survey,
A-509, plat records of Brazoria Co., TX
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-236
PASSED, APPROVED, and ADOPTED on First 'Re~P,..~c...~~,.y
~~ F,J,o ~ ,1998.
TOM REID
MAYOR
of
ATTEST:
LO2~'/'7~/~ ·
~C a a~ ETARY ~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1998.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
day
CH'Y (}!': PI:AIH .AND
ZONE CHAN(; E A PIq ,! CAT! ON
revised 3.:5."96
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
EXHIBIT
Lot: 'o~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: /'JA
Subdivision:
Proposed use of land within requested designation:
Record owner' s name:
Owner's mailing address:
.Eea~d,.~/. 77G"'d-a~'
Owner's telephone number:
Agent's name:
Agem's mailing address:
Agem's telephone number: /IZ ,~
PETITION: As owner/agem, 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 to allow a residemial use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owncr's signature: A Z.(~ Agent's signature:
..F. eespaid:$ d ,. Date paid:/t,)~7
Rccc:'.cd I,, /(/7,,., ...t',....5 D",.'[ :%l, plicalion t,tJi'nl,er: g,)_, Ij
............ ' ...."-"" 2--:'.-. .=-.' =. """'..= ....-.-=. :. ...._ ..........-...-,==.::,_--: .......=:.-...---.---= ......=:::-.--.="=.:::.:U
BECKY
ZO '4/E SD
ZONE SD
16011 AUBREL- DR. ~ ~, ~
1602C" AU 3RELL DR. -~//~ ~
PATRIDGE DR.
ZONE SD ~
ZONE SD
SD SUBURBAN DISTRICT
C COMMERCIAL DISTRICT
200'
7~/(T~P.)
/.
'~ ZONE SD
x/
//// 200'
//'
/ /
10
, 'r
r-~ 7
5
cey of Pesrlnd, Tex.
HENRY WAYIE WHII'r
FROM
8DTO C
REVISED: 8/11/98
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummincjs, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS', a newspaper of cjencral
circulation in Brazoria and Harris Counties, for / .......... issues, as follows:
No. _ ................. Date
19
No. Date
19
No. __ Date
19
No. Date
19
Editor
Subscribe and sworn to before me this _ 7__ day of ~'~
... .f- . ',
~ _,tj'-..~-
Laura Ann Emmons, Publisher
~ MISSION OF THB CITYOF
: PEARLAND, TEXAS . ':
:~Notice is hereby giV~;n ihbt dn?
the 24th day of AUgust, 199S,-
' at.6:30 p.m;: the City Co~nei!;
. :::and the Planning and Z~!~g;~'.'':~'''
~!commission,of theCity of;!" :;-'
'!;Pea"and; emzoria an~l
'C~ies,:Texas~will~c0nduct
; a Joint Public Hearing in the
'.Council Chambem, City Hell,
3519 Liberty Drive, Pearland,
~"T~; ~'n [he:request ~f:R. '.~':
Wayne Whiff. oWrier, for an
amendment to the Land Use
and Urban Development
Qn:linance of said' City from
Classification Suburban
Oevelopment (SD) to
Commercial District (C) on the.
folio ing described pml~erty,
te t; . "'-
Two(2) aCresof land; more
less, out of Lot No. Eight (8),
the' :Ncirthwest i/4th~f'~:i:
Section' 14, AbstraCt 509, "':;
Bmzoria COunty, Texas, .and .
being more padicula~y :
described as follows:
BEGINNING at'a point in the
East line of.said LotS, Same ..
pointbeing e~Uth a,Bistence
of 1011.4 feet'from the'
,o,h-st om,r 8:!
,'
:-' 560 feet~o a poinrf0rcomer;'
· .. ....
. e;..,... ~'........ ;, ........
;~.,;t.'~ ..,.
~e ng the 'Southeast l/4th of
;~"Nodhwest l'/4th of H,T: &
;':' R. Co. Suwey"Secto~'14;
;.'.~Un~ Texas, andbeing .. '.'
' ~bwsz'= .": ' '. '. .
~t line e~,~id~ot 8, ~me',
, ~t be ng'~uth a distance
~855.8"fe~t:'from the
M~heast c0merOf said Lot 8;,
' ~NCE South, along the.
E~ line of said Lo~ 8, adis-
10ft55.6feet'toapOint
THENCE .West a dis~n~ of':'
560 feet to a p~int for corner;
· . , ,
THENCE No~ a ~is~nce of
155.6 feet t~ 'a '~ nt f~ ~P".
580 feet t0 the e~j OF
.
AFFIDAVIT OF PUBLICATION
The Pearlarid Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in tl-~e REPORTER NEWS,'a newspaper or general
circulatior~ in Brazoria and Harris Counties, ror. ...... /._ ................ issues, as follows:
No. / Date
No. Date
No. Date
No. __ Date
No. Date
19
19
19
Editor
SUbscribe and sworn to before nit this
19
day of '~pid:
,:the24thdliydfAi~g~s..t~ l~tgS,.
at 6 3~ p.m', tfie.Ojty.~(;un~il
'..~rfd i~.:Pl~;hning: and~2~rilr~g
Commission of the City of
~':~P~adand; Brazoria:afid Harris'
Counties, Texas will c0n~uct
a Joint Public Hearing in the
CoUnc Chambers City Hall
3519 L betty Dr v.e Peadan~,
Texas,. on ~the: request of:H,.:~
Wayne'.Whitt, owner for
amendment tO the Land
.iand Urban .D~Ve opment
~)rd nance of ~laid City from
~;la~-~i~atiori SUburban =
'Development (SD) to
Comrpemial Distdct (C) on the
fo low ng ~escribed property,
:to wit:; ":' ".. '. .
.i;wo.'(2) e~res Of iand, niom or
'~ss~: out-o~ LOt No. Eibht iS); '
being the Southeast l/4th of
the NorthWest ll.4th of the
H.T. & B. RR Co. Survey,
Section 14, Abstract 509v'
Brazofia County, Texas, a.n,d
being more particularly..
.;:
BEGINNING at a'p0in~. in ~he'.
0f 1'01 i.4 f~t f~rfi' ~e' :~;~;';~':..'
Northeast fco,:.erner
THENCE South, aLte "" '~' ',i
East line of said ~'.~. :!'.
tance.of,.18~{~ ~' """' .' ~ :.~'
for co'm~!.. ~i:,,... ,,,
,!sb.~t;:theSOuthe~.st 1/4th o~
~B~R'.'0~."~6rvey Beation
· ~/~traCt'S09, BraZoda :
· .County, Texas, and being
.:morn pafficularly described as
~f~llows:
,,~ ~i;NG at a point in. "=
' ::~ast line of said Lot 8s ~
;. :~6~t being South'.a 'didtanc~'
~t86S.8 feebfrem. the' ':.':~.
No~east corner of said L~;~ '.'
iEast.li~e of said Lot 8, a di~"
:~nce.of 155.6 feet to a poi~
.In[ comer;
THENCE West a distanc, e:~:
~5~0 feet .to a point fo!'~:orffer;,
:~HE~CE E~st a distance 'of
'~eo't~et to the PLACE O~
:.BEGINNING and containing 2
.~aqres of land, more or I~B,
'A~;~Said hearing 'all interested
pa~ies shall have the fight:
and oppo~unity to appear a~d
...... ~.~.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for./_ ............... issues, as follows:
No. Date
No.
Dal. c
No. Date
19
19
No. Date
19
Editor
Subscribe ancl sworn to before me this
19 ~Z
Laura Ann Emmons, Publisher
~zoda County, Texas, and
bi~ing more particula~y
described as follows:
BEGINNING at a point in the
E.a.s.t line of said Lot 8, same
pbint being South a distance.
of.1011'.4 feet from the
E~ist line of said Lot e, a dis-
~nce of 155.6 feet to a point
forcomer; .
560 feet to a point for corner;
:' ~ENCE Ni)dh: a distance
155.6 feet to a point. for coP., ..,..
her;
THENCE East. d{stj;i""
560 f.eet ~' thee.e, ,'" ~'.,, '
the Northwest l/4th of.14~T. &.
B.RR. Co. Survey, SeeIj'
Abstract 509, Brazodl, ~.
follows:
BI~GINNING at a
E,~st line of said Lot 8~ s{lm'e
point being 'So"tr :
Northeast ?.~d;[.ot 8;
E~st line of seid.[.ot:81 '8:dis-
tance of t55.6 feet to a poim
for comer ~ , ~ ::,
THENCE West a di~tan~;~ 0f
560 feet to a point for comer,.
THENCE NOrth ": disi~n~
155.6 feet to a point for cor- '
,:.~.
ner; . . .: .;
THENCE East a disiance of '
560 feet to the PLACE OF..'!
BEGINNING and containing.2
acres of land, more or less,,
. :~; .^..
parties shall hav~"~h~ ngl~t
~r and
G ANDZONING C0i;: ::
'::the 24th day of AqgUst, 199S,
. ~t ~:3o p.m., the Ci~ Council
~nd the Planning and Zoning
'.'~ommission of the CRy 0f ~:
pearland, S~z~a a~ Haffis
Joint Public Headng in the
~Uncil Chainbern, Ci~ Hall~E'
(~9 Libe~ Drive, Pba~~'
;~s, on the muest.of~
· ~ ~..,Whm. owne~,:f~e,..
't ~endmeQt.to ih~nd i
"cQ~ ~n. Devql~pment
~ "' inance of said Ci~ f~
:~sificatio~ Subu~n
bevelopm~nt (SD)'to' '
~mme~ial Distdct (C) on the
'fOllowing de~db~ pmpe~,
?~wit:: ~ .: .... - -.: ::
~:~:::::,: :: :::-:,.,: .
~ract 1:
TwO (~) acres of land,m0re or
Nss, out of Lot No. Eight (8),
peing ~e ~utheam 174th of
~e' No~hweE~: .1/4~ Gf:~< .~,~.
August 26, 1998
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 282
Request of H. Wayne Whitt, owner, for an amendment to the Land Use and Urban
Development ordinance of said City from Classification Suburban Development (SD)
to Commercial District (C) on the following described property, to wit:
Being a 4 ac. Parcel out of Lot 8, the SE 1/4 of the NE 1/4, HT & B RR Co. Survey
A-509, plat records of Brazoria Co., TX
Being a 2 ac. Parcel out of Lot 8, known as Tract 1, the SE 1/4 of the NE 1/4, HT &B
RR Co. Survey, A-509, plat records of Brazoria Co., TX
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on August 24, 1998, af[er the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Pat Lopez and seconded by Commissioner Tommy Scott to
approve Application No. 282.
Motion to approve passed by a vote of 6-0.
This is submitted for your consideration.
Sincerely,
Chairperson
Planning and Zoning Commission