Ord. 509-631 02-10-03ORDINANCE NO. 509-631
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 11.64 ACRES, BEING A PORTION
OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1073) (4501 DIXIE FARM ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, STEVE
ROBINSON, AGENT FOR JESSE G. ZAMARRON, 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, Steve Robinson, Agent for Jesse G. Zamarron, Owner, filed on
September 19, 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 18th day of November, 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
WHEREAS, on the 3rd day of December, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-631
regarding the proposed amendment application by, Steve Robinson, Agent for Jesse G.
Zamarron, Owner, 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 considered the recommendation of the
Planning and Zoning Commission, at a regular meeting on January 13, 2003, 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 Steve Robinson, Agent for Jesse G. Zamarron, Owner, 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:
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) is
hereby for all purposes changed and reclassified as Heavy Industrial District (M-2); such
property being more particularly described as:
11.64 acres, being a portion of Lot 178, Zychlinski Subdivision, Section 28,
H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas
(4501 Dixie Farm Road)
2
ORDINANCE NO. 509-631
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.
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.
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ORDINANCE NO. 509-631
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 27th day of
January , 2003.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th day
of February , 2003.
ATTEST:
Yih NG 'J " G /
i
Y SECRETARY
4
TOM REID
MAYOR
ORDINANCE NO. 509-631
APPROVED AS TO FORM:
* /Y. a"
DARRIN COKER
CITY ATTORNEY
5
JUN 12 2002 16:31 FR CITY OF PEARLAND 281 652 1702 TO 92812802009 P.02
CITY
OF PEAE.LAND
ZONE CHANGE APPLICATION I
revised 10/20/01 _
NEIN M.
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: " _,o� r2`
_
Property address:
Lot: iy Block: Sub
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax LD. number.
---�-
Current use of land:
Proposed use of land:
Record owner's name:
Owner's mailing address: NI C
Owner's telephone number.
Agent's name; fc% "otir0
eLJ
Agent's mailing address: 2'5 z s
Agent's
telephone number: , ( 0 — _rs_
PETITION: As owner/agent, I hereby petition the City for approval of the above described request aUse
s
provided by the laws of the State of Texas and Ordinances of
(OP, NS, G ) City of el acknowledge dge that such use
mess zone
Permit request to allow a residential use in a bus
may be incompatible with c rent and future uses on properties in my vicinity.
40,c
to:
vision:
Agent's signature:
Received by:
** TOTAL PAGE.02 **
0 200 400 Feet
11111 I
Zone Change Application No. 1073
Jesse G. Zamarron/Steve Robinson
4501 Dixie Farm Road
(SD - M-2)
W
N
S
E
December 3, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1073
Request of Steve Robinson, agent for Jesse G. Zamarron, owner 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:
11.64 acres, being a portion of Lot 178, Zychlinski Subdivision, Section 28, H.T.& B.R.R.
Company Survey, Abstract 551, Brazoria County, Texas (4501 Dixie Farm Road)
Honorable Mayor and Council Members:
At a regular meeting held on December 02, 2002, following a Joint Public Hearing that was held
on November 18, 2002, the Planning and Zoning Commission considered the above -mentioned
request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1073 to City
Council for approval. Commissioner Ray Bacon seconded the motion.
Motion to approve passed 4 to 1.
Voting Record:
"Aye" — Chairman Iocco, Vice -Chairman Selemon, Commissioner's Bacon and Scherrer.
"No" — Commissioner Greiner.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Jesse G. Zamarron, 14906 Brookepoint Drive, Houston, Texas 77062
Steve Robinson, 2525 Bay Area Boulevard, Suite 660, Houston, Texas 77058
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
3alveston and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ircufation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
NDate aC� 3 Z`
o � 20
No. Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this 3 / day of
0 � Z_
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1073
Pub. 10/30 & 11/6/02
Published Oct. 30 & Nov. 6,
2002
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 or
the 18th day of November
2002, at 6:30 p.m., the Citl
Council and Planning anc
Zoning Commission of the
City of Pearland, Brazoria
Harris and Fort Bern
Counties, Texas, will conduc
a joint public hearing in thi
Council Chambers of Cit.
Hall, 3519 Liberty Drive
Pearland, Texas, on the
request of Steve Robinson
agent for Jesse G. Zamarron
owner, for an amendment tc
the Land Use and Urbar
Development Ordinance a
said City from .Cicatior
Suburban Development
District (SD) to Heavy
Industrial District (M-2) on the
following described_ property,
to wit:
11.64 acres, being a portion
of Lot 178, Zychlinski
Subdivision, Section 28,
H.T.& B.R.R. Company
Survey, Abstract 551,
Brazoria County, Texas (4501
Dixie Farm 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
APPUCATION NQ. 1073
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. / Date /A 6 20
No. Date `20
No. Date '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200�-
n ff
President
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Public Hearing - Application No. 1073
Pub. 10/30 & 11/6/02
day of )9' "-
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Oct. 30 & Nov. 6,
2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
MINING AND ZONING
COMYSSSION'OF THE
CITY OF PBAiRLAND,
TEXAS
Notice is hereby given that on
the 18th day of November,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazona,
Harris and Fort Bend.
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Steve Robinson,
agent for Jesse G. Zamarron,
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,
'town:
11.64 acres, being a portion.
of Lot 178, Zychlinski
Subdivision, Section 28,
H.T.& B.R.R. Company
Survey, Abstract 551,
Brazoria County, Texas (4501
Dixie Farm Road)
At said hearing all interested
parties shall have the right
and' oppoitunity ® `itipear
and be heard on the subject:
/sl Mona Ann Phipps
Deirilopmenf Coordinator
APPLICATION NO. 1073