Ord. 509-039 07-12-93ORDINANCE NO. 509-39
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 IN THE H. MASTERSON SUBDIVISION, H.T. AND B.R.R.
SURVEY, A-237 FROM LIGHT INDUSTRIAL (M-l) TO SINGLE
FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF MELVIN
J. THERIOT, SR., 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, Melvin J. Theriot, Sr., Owner, filed on April 19,
1993, 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 14th day of June, 1993, 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 17th day of June, 1993, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Melvin J. Theriot, Sr., Owner, whereby the
'Commission recommended and approved a change of classification for
the property described in Exhibit "A" from its existing
classification of Light Industrial (M-i) to Single Family Dwelling
District (R-2); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application at
its regular meeting on June 28, 1993; and
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds that in the case of the application of Melvin
J. Theriot, Sr., 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 Light Industrial (M-l) is hereby for all purposes
changed and reclassified Single Family Dwelling District (R-2):
Part of Lot 15, Block 5, of the H. Masterson Subdivision,
H. T. and B. R. R. Survey, A-237, and being more
particularly described by metes and bounds as follows:
BEGINNING at a called 1/2 inch iron pipe found at the Southwest
corner of said Lot 15, of Section 5, of said H. T. and B. Railroad
Survey, for the Southwest corner hereof;
THENCE with the West margin of a 40 foot County Road, and West
boundary of said Lot 15, North 00°00'00" East 435.04 feet to a
called 1/2 inch iron pipe in said line for the Northeast corner of
the premises heroin described;
THENCE South 90°00'00" East 540.00 feet to a 3/4 inch iron pipe for
the Northwest corner hereof;
THENCE South 00°00'00'' West 435.04 feet to a 3/4 inch iron pipe in
the South boundary of said Lot 15, for the Southeast corner hereof;
THENCE with the South boundary of said Lot 15, North 90°00'00'' West
540.00 feet to the PLACE OF BEGINNING and containing 5.393 acres
land, more or less.
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,
morals 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.
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 her.in 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.
PASSED and APPROVED on first reading this
~ , A.D., 1993.
day of
C.V. Copping~~ .-
ATTEST:
Pa Jones, ~y Secretary
3
PASSED and APPROVED on second and final reading this
day of
, A.D., 1993.
/~
ATTEST:
AP OV ~D S FORM:
Lester Rorick, City Attorney