Ord. 509-633 02-24-03ORDINANCE NO. 509-633
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 AND GRANTING A SPECIFIC USE PERMIT FOR WAREHOUSE
AND DISTRIBUTION FACILITIES, ON THE FOLLOWING PROPERTY 10.00
ACRES, LOT 49 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 6, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT
544, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 138,
PAGE 501, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (3508
HATFIELD ROAD)(SPEClFIC USE NO. 123) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE
(C(S)) AT THE REQUEST OF JACK MCGUFF, JR., AGENT FOR HARVEY AND
JANET HUBER, 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, Jack McGuff, Jr., Agent for Harvey and Janet Huber, Owners, filed on
December 16, 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 20th of January, 2003, 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 28th day of January, 2003, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Jack McGuff, Jr., Agent for Harvey and Janet Huber, Owners,
whereby the Commission recommended and approved a change of classification for the
ORDINANCE NO. 509-633
property described in Exhibit "A" from its existing classification of Commercial District (C) to
Commercial District - Specific Use (C(S)); and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and the recommendation of the Planning and Zoning
Commission, at a regular meeting on February 10, 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 Jack McGuff, Jr., Agent for Harvey and Janet Huber, Owners, 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:
I.
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Commercial District (C) to is hereby for all
purposes changed and reclassified as to Commercial District - Specific Use (C(S)); Warehouse
and Distribution Facilities, such property being more particularly described as:
10.00 acres, Lot 49 of the Allison Richey Gulf Coast Home Company Subdivision of
Section 6, H.T.& B.R.R. Company Survey, Abstract 544, according to the map or plat
recorded in Volume 136, Page 501, of the deed records of Brazoria County, Texas
(3508 Hatfield 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
2
ORDINANCE NO. 509-633
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.
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. 509-633
PASSED, APPROVED, and ADOPTED on First Reading this
February ,2003.
ATTEST:
..Y S E[.QIRETARY¢/
lOth day of
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of February ¶ 2003.
ATTEST:
Y-(~L~NG ~~, ;l',~C'/
C~ SE~.~IETARY '~
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
4
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3519 Liberty Drive
Peerland. Texas 77581
28%652-1639
281-6§2-1702 fax
www.cLpearland.tx,us
Please check one:
, to:
[~ Change in Zoning Classification from:_ 01,, =urrent zoning)
[~ Specific Use Permit Request for:
(liSt proposed zoning)
Lot:
For unplatted property, attaCh a copy of the metes end bounds description*'
Current use of property
(type of structures on property):_
Proposed use of property:_
PROPERTY OWNER INFORMATION:
CiTY__~pi~, ~.I'~ 0 STATE--ZIP
;AXL - _),
E-MAIL ADDRESS '
APPLICANT/AGENT INFORMATION:
c~w ~aO STAT~ ~ ~P~' ~
.... 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, ~ / - '
Agent s Signature: / F/~//.¢// r ,~ t '
OFF~OE USE ONLY.
0 200 400
I,,,I I
Feet
Specific Use Application No. 123
Harvey Huber/Jack McGuff
3508 Hatfield Road
(C - C(S))
N
January 28, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re~
RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 123
Request of Jack McGuff, agent for Harvey Huber and Janet Huber, owner for an amendment
to the Land Use and Urban Development Ordinance of said City from classification
Commercial District (C) to Commercial District - Specific Use (C(S)), for warehouse and
distribution facilities, on the following described property, to wit:
10.00 acres, Lot 49 of the Allison Richey Gulf Coast Home Company Subdivision of Section 6,
H.T.& B.R.R. Company Survey, Abstract 544, according to the map or plat recorded in Volume 136,
Page 501, of the deed records of Brazoria County, Texas (3508 Hatfield Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 20, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above-mentioned request.
Commissioner Ray Bacon made a motion to forward Specific Use Application No. 123to City Council
for approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 6 to O.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
CC2
Jack McGuff
5208 Broadway St #108
Pearland, Texas 77581
Harvey Huber and Janet Huber
2402 Byron
Pearland, Texas 77581
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearlanct, Texas'77581
~tte of Texas
~zoria and Harris Counties
]andy Emmons, hereby c(¢rtify that the notice hereby appended was published
:Jrazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for / issues; as follows:
No. / Date / - / 20 c, ~
No. Date 20 __
No. Date · 20 __
No. Date 20__
No. Date 20 __
scribe and sworn to before me this
day of
Laura Ann Emmons, Publisher
Public Hearing - Specific Use No. 123
Published 01/01 & 08~03
Notary Public, State of Texas
Published Jan. 1 & 8, 2003
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 20th ~day of January,
2003, at 6:30 p:m., rthe City
Council and planning ~d
Zoning =CommiSSi0n~0f the
City Of Pearland, Braz°ria,
Harris and Fort- Bend
Counties, Texas, will, conduct
a joint public heating in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearlano, Texas, on the
request of Jack McGutf, Jr.,
AIA, agent for Harvey Hut)er
and Janet Huber, owner, for
an amendment to the La~d
Use and Urban DeveloPment
Ordinance of said CitY from
ClaSsifiCation Commercial
District. (C) to Commercial
District - SPeCific Use (C(S)),
for warehouse and distribu-
tion facilities, on the following
described property, to ~
10.00 acres, Lot 49 of the
Allison Richey .GUll Coast
Home Company Subdivision
of .Section 6, H.T.& B.R.R.
Company Survey, Abstract
544, according to the map or
plat recorded in Volume 136,
l:~ige 50i, C~t':-~§e' deed
records of Brazoria. County,
Texas (3508 Hatfield Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is/Mona Ann Phipps
Development Coordinator
SPECIRC USE PERMIT
APPUCATION NO. 123
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 / - ¢ :'20 ~ :-%
No. Date '20 __
No. Date '"-20
No. Date 20
No. Date 20
/ President
Subscribe" ' '"
eno sworn to before me tn ~
20
~L ~Comm]ssio. Expires Oa-D*-2006]~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Specific Use No. 123
Published 01/01 & 08/03
Published Jan. 1 & 8, 2003
NOTICE OF A JOINT
PUBLIC HEARING OFTHE
CITY COUNCIL AND THE
PLANNING AND ZONING
COUMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 2Otb day ol January,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Hat;is and Fort Bend
Couniiss, Texas, wil conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland Texas. on the
request of Jack McGufl, Jr.,
AIA, agent for Harvey Huber
and Janet Huber, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Commercial
Dist~'!ct '(C) to Commercial
District- Specific Use (C(S)),
for warehouse and distribu-
tion facilities, on the following
described property~ to wit:
10.00 acres, Lot 49 of the
Allison. Richey Gulf Coast
Home Company Subdivision
of Section 6, H.T.& B.R.R.
Company Survey, Abstract
544, according to the map or
plat recorded in Volume 136.
Page 501, of the deed
records of Brazoria County,
Texas (3508 Haffield 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
SPECIFIC USE PERMIT
APPLICATION NO. 123