Ord. 509-331 09-27-99 FailedORDINANCE NO. 509-331
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 LOCATION BEING A 4.9794 ACRE TRACT OUT OF LOTS 76 &
77, FIGLAND ORCHARD SUBDIVISION, NO. 1 SECTION 13, H.T. & B.R.R. CO.
SURVEY, A-240, RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 788) 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 23`d 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
1
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:
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 a 4.9794 acre tract out of lots 76 &77, Figland Orchard Subdivision Number 1
Section 13, H.T. & B.R.R. Co. Survey, A-240, recorded in Volume 3, page 77, plat
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 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
2
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 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. 509-331
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 1999
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 1999.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
TOM REID
MAYOR
ORDINANCE NO
509-331
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 788
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 a 4.9794 acre tract out of Lots 76 & 77, Figland Orchard subdivision No. 1, Section
13, H. T. & B. R.R. Co. survey, A-240, recorded in Vol. 3, pg 77, plat records of Brazoria
Co., TX
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. 788.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
aftAA. M`k-t°
Mary Starr, Chairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
V Change in ZoningClassification from: L'U.b d J2.0 to: </ZI;1 L
Change in Regulations in Section #:
Specific Use for: *
Property address: 7,i/U aao,J 7 -MIL
Lot: 14 Block: I
Subdivision: %-/ C £, 7(M Oi C,11i ,
Metes & Bounds Description: le ‘ I AC :S r r'y d' Oa zt S a. 0iu/s,04/
(unplatted property only; attach survey) H Tit Fj Rg cocci- r c /o r 3 /465/44e7 -14.4‘,2.-y, gid,704`
Tax I.D. number: Li LI q - 18 -cz o
Lcc x s& --- civ any 0e6. /1--1
Proposed use of land within requested designation: EXIST NG l / N -S l q ?9
1" w m J
4 W 11.L,C-it- L Salo Q_ /42-,44-1-071("
Record owner's name: L D (,4„„ w i LL S
x,- 'L
Owner's mailing address: f, D . 881_457 -p p /4 775 8 Q
Owner's telephone number: MI ` +85 -tel `"S 7
Agent's name:
Agent's mailing address:
Agent's telephone number:
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.
Owner's signatur-: / , WS G-1;,---,/
Agent's signature:
Fees paid: $ _ r
Date paid: 4-0 - q
Received by:
J)Jiiit4COCC
Application number: j/g
611 v%�`Z CLy24
T9
/�
ZONE SD
SD SUBURBAN DISTRICT
C COMMERCIAL DISTRICT
FITE ROAD
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Notice is hereby given that on the 23 rd day of August, 1999, at 6:30 p.m., the City Council and
the Planning and Zoning Commission of the City of Pearland, Brazoria and Harris Counties,
Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty
Drive, Pearland, Texas, on the request of Clyde & Brian Williams, owner, for an amendment to
the Land Use and Urban Development Ordinance of said City from Classification Suburban
Development (SD) to Commercial District (C) on the following described property, to wit:
Being a 4.9794 ac. tract out of lots 76 & 77, Figland Orchard subdivision No. 1, sect. 13,
HT& B RR Co. survey, A-240, recorded in Vol. 3, pg. 77, plat records of Brazoria Co.,
TX
At said hearing all interested parties shall have the right and opportunity to appear and be heard
on the subject.
Youn
City cretary
Date Posted
Date Removed
APPLICATION NO. 788
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
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 � 1/ 19 �cJ
No Date 19
No. Date 19
No Date 19
No. Date 19
ibscribe and sworn to before me this
gq
I � h
President
day of
Public, State of Texas
wrr
0
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
OMMISSION OF THE CITY
• F PEARLAND, TEXAS
tice is hereby given that on
e 23rd day of August, 1999,
t 6:30 p.m., the City Councll
nd the Planning and Zoning
ommission of, the' City of.
earland, 8rasdria and Harris
ounties, Texas, will conduct
Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty' Drive, Peariand,
Texas, on tAe request of
Clyde & Baan Williams,
ownef, for an amendment, to
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development (SD)
to Commercial District (C) on
the following described prop-
erly, to wit:
Beinq a 4.9794 ac. tract out of
lots 76 & 77, Figland Orchard
subdivision No. 1, sect. 13,
HT& B RR Co. survey, A-240,
recorded in Vol. 3, pg. 77, plat
rds of Brazoria Co., TX
said hearing all interested
arties shall have the right
opportunity to appear and
heard on the subject.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
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
irculation in Brazoria and Harris Counties, for / issues, as follows: -
No. / Date
191
No. Date 19
No. Date 19
No. Date 19
No. Date 19
ibscribe and sworn to before me this
day of
•
•fes L rimer--^ �"(
t
I
UBLIC HEA r , a E
ITY COUNCIL AND THE
LANNING AND ZONING
I$SI NI OF THE CITY
PEARUND, TEXAS
4 . is hereby given that on
e 23rd day of August, 1999,
t 6:30 p.m., the City Council
d the Planning and Zoning
ommission of the City of
eariand, Brazorla and Hams
ounties, Texas, wiH conduct
Joint Public Hearing in the
mil Chambers, City Hall,
• 19 Liberty Drive, Pearled,
ekes,' on the request of
lyde & Brian Williams,
er, for an amendment to
e Land Use. and Urban
velopment Ordinance of
id City limn Classification
burban Development- (SD)
CommercialDistrict (C) ort
sciibed prop -
, to wit
• nga49794ac..tractOut of
76 & 77'Frgland Orchard
s bdivisioh No. 1, sect. 13,
& B RR Co. survey, A-240,
in Vol, 3 pg. 77, plat
of'Brazona Co., TX
41:
4, 1
said hearing all interested
arties shall have the tight
nd opportunityto appear and
heard on the subject: