Ord. 509-081 09-23-96ORDINANCE NO. 509-81
AN ORDINANCE 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 A 0.9977 ACRE (43,460 SQUARE FEET) TRACT OF LAND OUT OF LOT
32 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 9, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 234,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2, PAGE 24 OF THE BRAZORIA COUNTY PLAT RECORDS; AND
BEING ALL OF THE HENRY H. WINSTON, ET UX, CALL 1.1966 ACRE
TRACT AS RECORDED IN VOLUME 8456, PAGE 194, OF THE BRAZORIA
COUNTY OFFICIAL RECORDS, NOT WITHIN THE RIGHT-OF-WAY OF STATE
FARM MARKET ROAD NO. 518 FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT
THE REQUEST OF PGAL, AGENT FOR HENRY H. WINSTON AND WIFE,
BETTY JOURDAN WINSTON, 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, PGAL, agent for Henry H. Winston and wife, Betty Jourdan Winston,
owners, filed on May 28, 1996, 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 August, 1996, 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 27th day of August, 1996, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application of PGAL, agent, 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 District
(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 September 9, 1996; 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 PGAL, agent, 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, more particularly described in Exhibit "A",
attached hereto and incorporated herein for all purposes, 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 General Business
District (GB):
Being a 0.9977 acre (43,460 square feet) tract of land out of Lot 32 of the
Allison-Richey Gulf Coast Home Company Subdivision of Section 9, H.T. &
B. R.R. Company Survey, Abstract 234, Brazoria County, Texas, according
to the plat recorded in Volume 2, Page 24 of the Brazoria County Plat
Records; and being all of the Henry H. Winston, et ux., call 1.1966 acre
tract as recorded in Volume 8456, Page 194, of the Brazoria County Official
Records, not within the right-of-way of State Farm Market Road No. 518.
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.
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
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
3
ORDINANCE NO. 509-81
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ROVE,D, and ADOPTED on First Reading this ~/'~j day of
1996.
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
ASSED, APPROVED, and ADOPTED on Second and Final Reading this;t~ay
0f~ , 1996. ~OM ~D ~'
MAYOR
ATTEST:
A C. BENIAN
CITY' SECRETARY
APP~~:)VED AS TO FO~M:
CITY A'TORNEY
Change in Regulations in Section #:
X Specific Use for: * Mercantile and Retail
Property address: To be determined
W~st 1/2 wf
Lot: 31 and 32 Block: No block
Metes & Bounds Description:
(unplatted property only; attach survey)
Allison Richey
Subdivision: Gulf Coast Home Co.
(see attached)
Subdivision
Tax I.D. number:
Proposed use of land within requested designationi Mercantile (grocery score) and retail center
Record owner's name: Henry H. Winston and wife, Betty JOurdan Winston
Owner's mailing address:
511 Rustic Lane, Friendswood, Texas 77546
Owner's mlephonenumber: Broker: Edith Linsm 713/996-1711
AgenI's name: PGAL
Agenl's mailing address: 5555 San Felipe, Suite 1000, Houston, Texas 77056
Agent's telephone,number: (713) 622-1444 Fax (713) 968-9333
PETITION: As owner/agent, 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 residential 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.
Received by:
Agent's signature:~d~"~~~~
Date paid:
X
0.9977 ACRES-
51
65
/,,,
SD
GB
ZONE SD ~/
/
./
/
/
/
/
/
/
ZONE SD
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
ZONE SD
F.M./518
,
ZONE R-1
oo '(s)
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City of Pm'lml, Tm~
R
SD TO 0B
smz:~°"e°°' 1
M,U.Y, 1996
CNd k.J, ~ g6-1160C 04r I
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EXHZBIT "A"
]tme27,1996
The !lary II.
Ikio$ a O.9977 acre (43,46O square feet) tract ofland out ofLot ~2 of the AILtson-~y
Ou~f Coast Horns CqaqmV' Sdxllvbion of Section O, H.T.
Abmrm 234, Sramria CmnZy, Texas, scotdinS to the phi recordad in Volume 2, PaSc
24 ofthe Dza-oth Coutgy Plat ReCords; and bcln8 nil of the Hem7 H, Wtnsttm, et us,, call
i.1966 sere tract as xeoorded in Vohnne 8456, Page 194, ofthe lka.G,;a County Official
Records~t within the xtght-of-wa~ of State Fnrm l~t Road No. 518; this 0.9977 aete
COI~4ENCE at a 1-inEh iron pipe tbund for tim notthat men of Lot 31 and the
not~baa~ eorr~ nf'l al 63 of tim slid Alltson..giehey suMlvision; ~ comer also bliBg
the norrissin corner of the Dan Keller, Trustee, et aL, call 9.977 acre tract (Vohnns 1748,
Page 488; Brdzt,ria County Deed Records) and the mtthw~ comet of din Ruby Lee Cox
react (Vohnne 958, Page 925; Brazotla County Deed Records);
TI-IENCE; South - 4.~7.00 rt~t along the eaglefly ]he of the snid Keliet tract ~ the
westerly line ofthe said Cox tract m a point;
THENCE; North 89,43'00' Wet - 670.25 feet abn8 the muthedy he of mid Lot 31
and the nott~ly itne ofsaid Lot 32 also being the northerly Ctty linmline Ibr me City of
~['H~fjl~ South - 106J0 feet to a l/2-tnch iron rod found fur tl~e northeft ~rner of and
POINT OF BEOINNINO for this 0.9977 acre tract of ~ said corner also being thc
wnheast cornm of the said Wbsmn net;
T1tENC~South*279.50t:cttoal/2-hchkonrodfoundforthesmslheasteorneroftbis
tra~ said corner being b the nortbet~ right-of-walt b of ~e Fann-Maxket Road No.
518;
THENCF4 North 89'43'0W West - 169.69 feet along t~ northffly right-of-way !jne of
5IBm a 5/g-inch iron rod mtfor the southin corner ofthis ttaet;
THENCE; North 00' 06'00" East - 219.50 feet ~o a 1/2-i~ iron rod found ma~ing the
westerly northwest cornet of the sold W'mston
THEN. a; Seuth 89' 43'00" East - 65.00 fee, to a l/2-inc, h iron rod fomid msrlc:~ the
interior corner of the said W'mstoa tract;
THENCE; North 00'06'00" East - 60.o0 feet to a 1/2-inEh ix~n rod ~ far the
northerly northwest cormst of ds. said Winston
6~;OT 96. TD ~Z ET/~Id 66~ ~d Z~G-896-~T6
* EXHiBiT 'A'
Im,,12
· I'laEN~ .!~o,th 1{9'4.1'00" P*sz - 104.20 fee{ slo{ ~ noxtberly ~ of tbc d
Wireran ~.sct ~ ~ POINT O1: B.~..O~INO and co-,,a,in8 0.99/7 acre of land (43,460
sqmuc~).
COIVIPILED BY: ~
Texas~AndMaMiz~Conzfmsry /~ ~,~ -- ~'-
Ck, E E. Since-- Lad Strveyors ' ' c '
StaffoH, Texas ~'~'1~ Surveyor
Job No. 0~1 ~Me of TexLqNn. 4:355
EXHIBIT
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