Ord. 509-164 09-22-97 ORDINANCE NO. 509-164
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 ALL OF LOTS 28 AND 30 AND PART OF LOT 29 IN THE
WESTCHESTER ESTATES SUBDIVISION OUT OF H.T.&B.R.R. COMPANY SURVEY, A-242,
BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 217) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF GLENN McDOWELL, BROOKS & SPARKS, INC. AGENT FOR EDWIN H.
HARRIS, SR., EDWIN H. HARRIS JR., AND MATILYN LOUISE BULLARD 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, Glenn McDowell, Brooks, & Sparks, Inc., agent for Edwin H. Harris, Sr.,
Edwin H. Harris, Jr., and Matilyn Louise Bullard, owner, filed on June 3, 1997, 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 25th day of August, 1997, 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 26th day of August, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by , Glenn McDowell, Brooks, & Sparks, Inc., agent for
Edwin H. Harris, Sr., Edwin H. Harris, Jr., and Matilyn Louise Bullard owner, whereby the
Commission recommended and approved a change of classification for the property
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described in Exhibit"A"from its existing classification of Suburban Development District (SD)
to General Business (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 8, 1997, 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 Glenn McDowell, Brooks, & Sparks, Inc., agent for Edwin H. Harris, Sr., Edwin
H. Harris, Jr., and Matilyn Louise Bullard, 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 as General Business (GB); such property being
more particularly described as:
All of Lots 28 and 30 and part of Lot 29 in the Westchester estates subdivision
out of the H.T.& B.R.R. Company Survey, A-242, 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
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendment
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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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-164
PASSED, APPROVED, and ADOPTED on First Reading this F'7. ' day of
.sue'.- "21 , 1997.
TOM REID
MAYOR
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ATTEST:
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ci S •RETARY &J
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this ?,.Jday
of 2S , 1997.
TOM REID
MAYOR
ATTEST:
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/CI RETARY(
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APPR•QED AS TO FORM:
A Y MO E CULLOUGH
CITY ATT'RNEY
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171.
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PEAMANDI
August 26, 1997 _ i E x n s J
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL - APPLICATION NO. 217
Request of Glenn McDowell, Brooks, & Sparks, Inc., agent for Edwin H. Harris, Sr.,
Edwin H. Harris, Jr., and Matilyn Louise Bullard, owner, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban
Development (SD) to General Business (GB) on the following described property,to wit:
All of Lots 28 and 30 and part of Lot 29 in the Westchester estates subdivision out of the
H.T.& B.R.R. Company Survey, A-242, Brazoria County, Texas.
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on August 25, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Tommy Scott,and seconded by Vice Chairman Emil Beltz
to approve Application No. 217.
Motion passed to approve 5 to 0.
This is submitted for your consideration.
Sincerely,
9„,tde"
Pat Lopez
Planning & Zoning Commission
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 •www.ci.pearland.tx.us