Ord. 509-207 05-11-98 FailedORDINANCE NO. 509-207
FAILED
5-11-98
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 A 7.6 ACRE TRACT OUT OF THE T.D. YOCUM SURVEY,
ABSTRACT 399, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 297) FROM CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT
(MF) AT THE REQUEST OF NIGEL HARRISON, AGENT FOR ROBERT S. &
JACQUELYN S. BURGESS, OWNERS, PROVIDING FORAN 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, Nigel Harrison, agent for Robert S. & Jacquelyn S. Burgess, owners, filed
on April 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 27th day of April, 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 28th day of April, 1998, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Nigel Harrison, agent for Robert S. & Jacquelyn S. Burgess,
owners, whereby the Commission recommended and approved a change of classification for
District (SD) to Multi Family District (MF); 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 May 11, 1997, 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 Nigel Harrison, agent for Robert S. & Jacquelyn S. Burgess, owners, 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 Multi Family Dwelling District (MF).
A 7.6 acre tract out of the T.D. Yocum survey, Abstract 399, of the 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 r~o 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
hereinabove described property.
herein granted for the reclassification of the
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-207
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.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
AFFIDAVIT OF PUBLICATION
Tile Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, 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 19
No. Date 19
No. Date 19
No. Date 19
Editor
Subscribe and sworn to before me this
19 fl~
day
Laura Ann Emmons, Publisher
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper o[ general
circulation in Brazoria and Harris Counties, [or ,/ ...... issues, as lollows:
No. I Date zff' 1~ ~9~
No. Date 19
No. Date 19
No. _ .................... Date 19
No.. ................. Date 19
Editor
Subscribe and sworn to before me this
day o ~//..,.'~/
April 28, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 297
Request of Nigel Harrison, agent for Robert S. & Jacquelyn S. Burgess, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development - Business (SD-B) to Multi-Family District (MF)
on the following described property, to wit:
A 7.6 acre tract out of the T.D. Yocum survey, Abstract 399, of the deed records of
Brazoria County, Texas
Honorable Mayor and Council Members:
The Planning and Zoning'Commission, at a regular meeting held on April 27, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Pat Lopez
to approve Application No. 297.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Tommy Scott, Vice-Chairman
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 · www. ci.pearland.tx.us