Ord. 509-332 09-27-99 FailedORDINANCE NO. 509-332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 LOCATION BEING 0.7516 ACRES OUT OF TRACT 33, FIGLAND
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 13, A-240, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 789) (3029
WAGONTRAIL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
CLYDE WILLIAMS AND BRIAN WILLIAMS, 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, Clyde Williams and Brian Williams, Owners, filed on April 19,1999, 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
applications for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 23rd of August, 1999, 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 8th day of September, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Clyde Williams and Brian Williams, Owners, 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 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 September 27, 1999, 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 Clyde Williams and Brian Williams, 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) to is hereby
for all purposes changed and reclassified as Commercial District (C); such property being
more particularly described as:
Being 0.7516 acres out of tract 33, Figland Subdivision, H.T. & B.R.R. Co. Survey,
Section 13, A-240, plat records of Brazoria County, Texas ( 3029 Wagontrail)
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.
2
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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-332
PASSED, APPROVED, and ADOPTED on First Reading this
,1999.
day of
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
ORDINANCE NO
509-332
September g, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 789
Request of Clyde Williams and Brian Williams, owners, for an amendment to the Land Use
and Urban Development Ordinance of said City from Classification Surburban
Development District (SD) to Commercial District (C) on the following described property,
to wit:
Being 0.7516 acres out of Tract 33, Figland subdivision, H. T. & B. R. R. Co. survey,
Section 13, A-240, plat records of Brazoria Co., TX (3029 Wagontrail)
Honorable Mayor and Council Members:
At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairperson Tommy Scott and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 789.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
71
76
3029 WAGON
TRAIL
70 69
ZONE SD
FITE ROAD
66
67
68
61
200' .30 ~
ZONE SD
200'
2g
35
ZONE SD
ZONE SD
FIGLAND
60
38
SD
C
SUBURBAN DISTRICT
COMMERCIAL DISTRICT
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter N, ews
2404 South Park
Pearland, Texas 77581
;tate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
. Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rculation in Brazoria and Harris Counties, for / issues, as follows: .
NO.
No.
NO.
No.
NO.
Date
19.
Date
19
Date
19.
Date
President
~bscribe and sworn to before me this
day of. ~
AFFIDAVIT OF" PUBLICATION
The Pearland Reporter N, ews
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
· culation in Brazoria and Harris Counties, for / issues, as follows: .
No. / Date
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 __
d ~resident
~bscribe and sworn to before me this
'/~ . day of ~'~/--
~isher
Notary Public, State of Texas