Ord. 509-366 11-09-99 FailedORDINANCE NO. 509-366
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 2.50 ACRES OUT OF THE EAST'/ OF LOT
44, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R.
CO. SURVEY, A-292, SECTION 29, RECORDED IN VOLUME 2, PAGE 101,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 794)
(CR 128) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF
STEVEN E. ESTEP, 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, Steven E. Estep, Owner, filed on April 28, 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 11th of October, 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 19th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Steven E. Estep, 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 Heavy Industrial District
1
(M-2); 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 November 8, 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 Steven E. Estep, 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) to is hereby
for all purposes changed and reclassified as Heavy Industrial District (M-2); such property
being more particularly described as:
Being 2.50 acres out of the East 1/2 of Lot 44, Allison Richey Gulf Coast Home Co.
Subdivision, H.T. & B.R.R. Co. Survey, A-292, Section 29, recorded in volume 2, page
101, plat records of Brazoria County, Texas (CR 128)
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.
3
ORDINANCE NO. 509-366
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
TOM REID
MAYOR
4
r
CITY OF PF.ARLAND
ZONE CHANGE APPLICATION
rev iscd 3/5/96
Change in Zoning Classiti ation from SD to: /l� __ Change in Regulations Section ;t1t.
Specific Use for: "
Property address: Wb. 0,CAg4 gyL /,f2‹
Lot:
Block. I Subdiv:sio,i:
Metes & Bounds Description
(unptatted property only; attach survey)
L Tax I.D. number:
--it
I Proposed use of land within requested designation:
Record owner's name:
o
lEsi±-gyp
Owner's mailing address. -}-3 X 7 44, Ai(
Owner's tetephone number: a 1 - 3 3 '_ '1 8 5-9
Agent's name:
Agent's mailing address:
Aj.ent'r, telephone number.
PE MON 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 Peartand. 'On a Specific Use
Pemt request to allow a residentiat use in a business zone (OP, NS, GB). I acknowledge that such use
may be incompatible with/ rrent and future uses on properties in my vicinity
Owner's signature.
Agent's signature::
Fees paid: '� .f ',� ✓ r Date paid: > io
Received by, 4 tki i I L Application number:
36
ZONE SD
43
37
ErJ UNE
100' WIDE
CITY OMIT UNE
C.R. 128
5
ZONE SD
zoo'
(ro.J
44
7/
ZONE SD
51
52
ETJ UNE
100' WIDE
I\
CITY UMfT UNE
SD SUBURBAN DISTRICT
M-2 LIGHT INDUSTRIAL DISTRICT
6
7
Ctty of Pearland Texaa
• BTEVEN E. ESTEP
ZONE CHANGE
FROM
SD TO M-2
App. lia.1794
peke AUG.. 1999
koala
HORZ:1'300•
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SHEET
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Clyd Ey: D. SMITH
CAD n r.
99-8143
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Countieslin THE REPORTER NEWS, a newspaper of
circulation in Brazoria and Harris Counties, for _ / general
issues, as follows:
No. bate '7 Z/ 19
No. Date _
19
No. Date 19
No. Date
19
No. Date 19
Subscribe and sworn to before me this day o
19��
Notary Public, State of Texas
79y
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for issues, as follows:
Subscribe and sworn to before me this .� .
NOTICE OF _A —JOIN
-"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` 11th day' of October,
1999, at 6:30 p.m., the City
Council and the Planning and
I Zoning Commissioh 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
i Steven E: Estep, owner, for
Ian amendment to the Land
Use and Urban Development
!Ordinance of said City. from ;
Classification Suburban
(Development (SD) to Heavy
(Industrial District (M-2) on the
following described property,
ito wit: . •
Being 2.50 ac. out of the E 1/2 ,
+of Lot 44, Allison Richey Gulf
r.Coast Home Co. subdivision, r
I HT& B RR Co. survey A-292, '
sect. 29, 'recorded in Vol. 2,
pg. 101,, plat records of j
Brazoria Co., TX (C.R. 128)
At said hearing all interested
parties shall have the right
and opportunity to appear and
' be heard on the subject.
Young Lorfing
!City -Secretary
;APPLICATION NO.794
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No % Date /7' U 19' c1
No Date 19
No Date 19
No. Date 19
No. Date 19
President
Subscribe and sworn to before me this
dayof JY
i ,,p• n
r
14
�►- u : Ann • , a.' r:
LAURA A . EMMONS
y1�y'Notary Public,, .te of Texas
mission Aires 9- 2
sher
Notary Public, State of Texas
79y
- 7
NOTICE OF A JOINT
1,UBLIC HEARING OF THE
ITY COUNCIL AND THE
LANNING AND ZONING
MMISSION OF THE CITY
PEARLAND, TEXAS
iceis hereby given that on
9 th day of August, 1999,
6:30 p.m., the City Council..
Id the Planning and Zoning
'eommisSion of the City of
aarland, Brazoria and Harris
unties, Texas, will conduct
oint Public. Hearing in the
ncil Chambers, City Hall,
9 Liberty Drive,,Pearlarid,
as, on the request of
ven E. Estep, owner, for an '
endmerit to the Land Use
41and Urban Development
Ordinance oi said City from
Ctassificati-dif— Suburban
Development (SD) to Heavy
Industrial District (M-2) on the
! following'described property,. _ t
to wit:-
, .
Being 2.50 ac., a part of the E
1/2 of Lot 44,- Allison Richey .. -
Gulf Coast Home Co. subdivi-
. .
sion, HT& B RR Co. sUrvey,
sect29, A-292, Vol. 2, pg...:
:101, plat records Of, Brazona • - 1
I
to., TX (C.R. 128)
'!kt said hearing all interested
artier shall have the right
,•and opportunity to appear and
i 5e heard 'on the subject. ;1
, . .
Young Lorting _
C. Secretary
ICA
- - -
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No % Date /-*)� •19
No. Date 19
No Date 19
No Date 19
No. Date 19
Subscribe and sworn to before me this
19
r. i5 : A i
4P t A. E_i`se" ) viS.. jjjj'
ry r=:5vi�c , St- �� �' a -Yt
;dui
ttr WRrifi s, Publisher
Notary Public, State of Texas
1LNOTICE-- OF A- JOINT
iPUBLIC -HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF-PEARLTO, TEXAS) -
Notice is(hereby given that on
the 11th day of October, j
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 Pu he
Hearing in the Council I: ''�
CHambers; City Hall,-351.9i'y
Liberty Drive, Pearland,
Texas, oh :the request of
Steven E.i Estep, owner, for
an amendment to the Land
Use and Urban_Development .
Ordinance •of said City from
Classification 'Suburban Development (SD) to Heavy.
IndustrialtDistrict (M-2) on the
following described'property,
to wit: 1 ,
of Being 44', Allison Richey Gulf
of Lot 44,
Coast Home Co. subdivision, i
HT& B RR Co. survey A-292,
sect. 29,! recorded in Vol.'2, •
pg. 101', plat' records of i
Brazoria Co., TX (C.R.128)
i
At said hearing all interested
parties sliall have the right
and opportunity to appearand
be heard on'the sublect.
' Young.Lor1ing'' -
LCity.,Secretary_.. __---v.
APPLICATION.NO.194 _..'
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO '1'11L CITY COUNCIL ON ZONING APPLICATION
NO. 794
Request of Steven E. Estep, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD) to Heavy Industrial (M-2) on the following described property, to wit:
Being 2.50 acres out of the E Vz of Lot 44, Allison Richey Gulf Coast Home Co. subdivision,
H.T.&B R.R. Co. survey A-292, sect. 29, recorded in Vol. 2, pg. 101, plat records of
Brazoria Co., TX (CR 128)
Honorable Mayor and Council Members:
At a regularmeeting held on October 18, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Vice -Chairman Tommy Scott and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 794.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
aaAt,
Mary Starr, Chairman
Planning & Zoning Commission
A ---JOINT,
BLIC HEARING OF THE
O TY COUNCIL AND THE
ANNING AND ZONING)
1 OMISSION OF THE'CITY
PEARLAND, TEXAS
Notice is hereby given that on
the 9 th day of August, 1999,
,et 6:30 p.m., the City Council
:and the Planning and Zoning
Commission of.the City ,of
Pearland, Brazoria and Hams
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,.
Texas, on the: request of
Steven E. Estep, owner, for an
amendment to the Land. Use
and Urban Development
Ordinance of said City from
II Classification - Suburban
Development (SD) to Heavy
Industrial District (M-2) 'on the
following describedproperty,
to wit:
Being 2.50 ac„ a part of the E
1/2-of.Lot 44, Allison Richey
Gulf Coast Home Co. subdivi-
sion,'HT&'B RR Co. survey,
sect..29, A-292, Vol. 2, pg.
101,,plat records of Brazoria
Co., TX (C.R.'128)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject..
s/ Young Lorfing
ity Secretary