Ord. 509-068 03-25-96ORDINANCE NO. 509-68
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 0.252 ACRES OF LAND OUT OF LOT 46 E-1 AND 0.103 ACRES OF
LAND, MORE OR LESS, OUT OF LOT 46 E-2 FOR A TOTAL OF 0.355
ACRES OUT OF TRACT 46 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 8, F.B. DRAKE SURVEY, ABSTRACT
504, BRAZORIA COUNTY, TEXAS (6609 BROADWAY), FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF RAYWHALEY, 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, Ray Whaley, owner, filed on January 30, 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 February, 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 February, 1996, the Planning and
Zoning Commission of the .City submitted its report and recommendation
to the City Council regarding the proposed amendment application of Ray
Whaley, 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
C~mmercial District (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 March 11, 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 applicationOf Ray Whaley,
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:
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 Commercial' District (C):
0,252 acres of land situated in Tract 46 of the Allison
Richey Gulf Coast Home Company Subdivision of Section 8, F.B.
Drake Survey, Abstract 504, Brazoria County, Texas, and being
more particularly described bymetes and bounds as follows:
BEGIN at an iron rod set in the North line of Tract 46 of the
Allison Richey Gulf Coast Home Company Subdivision of section 8,
F.B. Drake Survey, Abstract 504, Brazoria County, Texas, from
whichpoint the Northwest corner of Tract 46bears West a distance
of 600.0 feet for the Northwest'corner of the herein described
0,252 acre tract and also the place of beginning;
THENCE East along and with the North line of said Tract 46 a
distance of 100.0 feet to an iron rod for corner;
THENCE South 00 deg. 18 min. 30 sac. East a distance of 110.0
feet to an iron rod for corner;
THENCE West a distance of 100.0 feet to an iron rod for
corner;
THENCE North 00 deg. 18 min. 30 sec. West a distance of 110.0
feet to the place of beginning, said tract containing 0.252
acres of land, more or less.
0.103 acres of land, more or less, situated in Tract 46 of
the Allison Richey Gulf Coast Home Company Subdivision of
Section 8, F.B. Drake Survey, Abstract 504, Brazoria County,
Texas. Said 0.103 acre tract being called Tract 46-E-2 and
being more particularly described by metes and .bounds as
foZ'lows: .
BEGIN at an iron rod in the North line of Tract 46 of'the
Allison Richey Gulf Coast Home Company Subdivision of Section
8, F-.B. Drake Survey, Abstract 504, Brazoria County; Texas,
from which point the Northwest corner of said. Tract 46 bears
West a distance of 600.0 feet; THENCE South 0:0deg. 18 min.
30 sac. West a distance of 110.0 feet to an iron rod for the
Northwest corner of the herein described tract and also the
place of beginning;
THENCE East a distance of 100.0 feet to an iron rod for
corner;
THENCE South 00 deg. 18 min. 30 sec. West a distance of 45.0
feet to an iron rod for corner;
THENCE West a distance of 100.0 feet to an iron rod for
corner;
THENCE North 00 deg. 18 min. 30 sac. East a distance of 45.0
feet to the PLACE OF BEGINNING.
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.
3
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 unconstitutionalby
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.
Ve
All rights and remedies which have accrued in the favor of the
City under this Ordinance and its aumendments 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.
4
ORDINANCE toO. 509-68
PASSED, APPROVED, and ADOPTED on First Reading this //~
~ 1996.
TOM REID
MAYOR
day
ATTEST:
Y~DA C. BB~ITEZ CITY SECRETARY
and ADOPTED on Second and Final Reading this
TOM REID
MAYOR
ATTEST:
CITY SECRETARY
AP~ROVED AS TO FOC:
Change in Zoning Classification from: ~,/~ to: (lJ~c[~p,r(~O/,
.. Change in Regulations in Section #:
__ Specific Use for:
Property address: ;~
Lot: .'/'/f'/',2 Block:
Bounds Dc~ription:
(unplat~ property only; attach ~u'vcy)
Subdivision:
Proposed use of land within requested designation:
Agent's name: ss
Agent's mailing addre:
Agcnt's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of lhe above described request as
providcd by the laws of the State of Texas and Ordinances of the City of Pearland.
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EXHIBIT "A"
ZONE SD
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F.M. 518
ZONE SD
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EXHIBXT "B."
AFFIDAVIT OF PUBLICATION
Be/ore me, the undersigned euthority,,on this day personally
appeared GLORIA BOIKE, Business Manager ior THE JOURNAL, a
newspaper having general circulation in Brezoria County,
Texas, who being by me duly sworn, deposes and says that the
in said newspspe~
foregoing attached notice was published
on the following date(s), to wit=
, 19
, 19
Subscribed end
19 (~t b .
sworn to this
~~ MAN~~
day oi ~~~U~
(SEAL)
: ~, NIKKI KLEIN ,
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NOTARY PUBLIC
STATE OF TEXAS
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