Ord. 509-606 09-09-02ORDINANCE NO. 509-606
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 11.515 ACRES, LOT 32 AND A
PART OF LOT 33, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, H.T.& B.R.R. COMPANY SURVEY, A-504, ACCORDING TO
THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 2, PAGE 23-24
OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1058) (1854 GARDEN ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, CITY OF
PEARLAND, AGENT FOR F.F.& E. FAMILY LIMITED PARTNERSHIP,
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, City of Pearland, agent for F.F.& E. Family Limited Partnership,
Owners, filed on July 12, 2002, 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 12th day of August, 2002, 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
1
ORDINANCE NO. 509-606
WHEREAS, on the 13th day of August, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, City of Pearland, agent for F.F.& E. Family Limited
Partnership, Owners, whereby the Commission recommended to 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 (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 August 26, 2002, 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 City of Pearland, agent for F.F.& E. Family Limited Partnership, Owners,
presented which, in the judgment of the City Council, would justify the approval of said
application, now, therefore,
BE IT 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 Heavy Industrial District (M-2); such
property being more particularly described as:
2
ORDINANCE NO. 509-606
11.515 acres, Lot 32 and a part of Lot 33, Allison Richey Gulf Coast Home
Company Subdivision, H.T.B.R.R. Company Survey, A-504, according to
the map or plat thereof, recorded in Volume 2, Page 23-24 of the Plat
Records of Brazoria County, Texas. (1854 Garden Road)
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
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.
3
ORDINANCE NO. 509-606
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.
PASSED, APPROVED, and ADOPTED on First Reading this 26th day of
August , 2002.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 509-606
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day
of September, 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
TOM REID
MAYOR
bTr�E _2CsAi s,-
Please check one:
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
® Change in Zoning Classification from: SD to: rt-2
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address:
1854 Garden Road
Subdivision: Allison Richey Gulf Coast Lot:Pt 32 & 33 Block:
Tax I.D. Number: 0504-0006-170
** For unplatted property, attach a copy. of the metes and bounds description**
Current use of property
(type of structures on property): manufacturing building
Proposed use of property:
manufacturing building
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME FF&E Family Limited Partnership NAME City of Pearland
ADDRESS P.O. Box 1462 ADDRESS 3519 Liberty Drive
CITY Delano STATE CA zip 93216 CITY Pearland STATE TX ZIP 77581
PHONE(661 ) 721-7211
PHONE 2( 81-652-1635
FAX_) FAX( 281 ) 652-1702
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: Date:
Agent's Signature:
Date:
7-/B-o-L
OFFICE USE ONLY:
FEES PAID: N/c DATE EMI July 12 9007
RECEIVED BY: APPLICATION NO. OS
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Zone Change Application No. 1058
FF&E Family Ltd Partnership/City of Pearland
1854 Garden Road
(SD-M2) •
August 13, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1058
Request of City of Pearland, agent for F.F.&E. Family Limited Partnership, owners for an
amendment to the Land Use and Urban Development Ordinance from classification Suburban
Development District (SD) to Heavy Industrial District (M-2) on the following described
property, to wit:
Being part of Lot 32 and Lot 33, Section 8 of the H. T. & B. R.R. Co. survey, A-504, as shown
by the Allison Richey Guff Coast Home Co. plat, Volume 2, page 23, plat records of Brazoria
Co., TX (1854 Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on August 12, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1058 to City
Council for approval with a second made by Commissioner Ray Bacon.
Motion to approve passed 4 to 2.
Voting Record:
"Aye" — Chairman Iocco, Commissioner's Bacon, Sandars, & Sederdahl.
"No" — Vice -Chairman Selemon and Commissioner Greiner.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: F.F.&E. Family Limited Partnership, PO Box 1462, Delano, CA 93216
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearl an d, 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, Harris & Galveston Counties, for / issues, as follows:
No % Date 7-- 3/ _ 20_
No. Date 20
No. Date -20 -
No. Date 20
No. Date 20
Subscribe and sworn to before me this
201i07-
I
„ LAURA A. EM. ONS
Txrn ' 1 Notary PL'c, Smote or i e:;as
ect; Expires •
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1058 -11
. Published July 24 & July 31,
2002 _
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE.-
PLANNING AND ZONING •
COMMISSION OF THE
CITY OF PEARLAND,
PLANNING AND ZONING:
Notice is hereby given that
on the 12th day of August, )
2002, at 6:30 p.m., the City I
Council and Planning and (
Zoning Commission of the A
City of Pearland, Brazoria, F
Harris and Fort. Bend F
Counties, Texas, will con- #
duct a joint public hearing in 2
the Council Chambers of 15
City Hall, 3519 Liberty Drive, s
Pearland, Texas, on the R
request of City of Pearland, $'
agent for FF&E Limited El
Partnership, owner, for an 2E
amendment to the Land Use CI
and Urban Development CI
Ordinance of said City from br
Classification Suburban Al
Development District (SD) to BE
Heavy Industrial District (M- 87
2) on the following described mi
property, to wit: Br
AI
Being part of Lot 32 and Lot BE
33, Section 8 of the H.T. & B.
Survey, A-504, as shown by HI
the Allison Richey Gulf G
Coast Home Co. Plat, v.2, IN
pg 23, Plat Records of dr
Brazoria, Co., TX (1854 ui
Garden Road) 21
At said hearing all interested 4
parties shall have the right F
and opportunity .to appear ri
and be heard on the subject. • A
v
•t
Is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1058
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, Harris & Galveston Counties, for / issues, as follows:
No. 1 Date 7� ?f% 20 's •O—:
No. Date 20
No. Date -20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 O
M ;e j ► A bw%: ; Notary Fttnc, State. of Texas
'<<�•' Conurgss:cn Exp e3
•
day o
aura Ann Emmons, Publisher
Notary Public, State of.Texas
Public Hearing - Application No. 1058 - 2
Published July 24 & July 31,
2002
NOTICE OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 12th day of August,
2002, at 6:30 p.m., the City
LEGALS '.
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend.
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of City .of Pearland,
agent for FF&E Limited
Partnership, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
Heavy Industrial District (M-
2) on the following described
property, to wit:
Being part of Lot 32 and Lot
33, Section 8 of the H.T. & B.
Survey, A-504, as shown by
the Allison Richey Gulf
Coast Home Co. Plat, v.2,
pg 23, Plat Records of
Brazoria, . Co., TX (1854
Garden Road) -
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject..
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1058