Ord. 509-632 02-10-03Denied 2110103
ORDINANCE NO. 509-632
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 5 ACRES, MORE OR LESS, BEING
ABSTRACT 504, H.T.& B. R.R. COMPANY SURVEY, TRACT 21, N/2 PT
(2533 ROY ROAD AND 2537 ROY ROAD)(APPLICATION NO. 1079)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF, HOLLIS
BARDWELL, 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, Hollis Bardwell, Owner, filed on November 18, 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 day 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, Hollis Bardwell, Owner, whereby the Commission
recommended to deny a change of classification for the property described in Exhibit "A"
1
ORDINANCE NO. 509-632
from its existing classification of Suburban Development District (SD) to Light Industrial
District (M-1); 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 Hollis Bardwell, 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 Light Industrial District (M-1); such
property being more particularly described as:
5 acres, more or less, being Abstract 504, H.T.& B. R.R. Company Survey,
Tract 21, N/2 PT (2533 Roy Road and 2537 Roy 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
2
ORDINANCE NO. 509-632
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.
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.
3
ORDINANCE NO. 509-632
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2003.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2003.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from: S
(list current zoning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
to: /17-/
(list proposed zoning)
[1 Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 533 a ea 1� ICE OC f / )C 776g l
y
Subdivision: Lot: Block:
Tax I.D. Number:
** For unplatted property, 11G' J'Sc. attach a copy oo�f the metes and bQunds de cripttiion**
/T; �-z? x /LI L Go LJf- Q J gU
Current use of property (type of structures on property): 6-, ii A-i;A , 1 CL /C„a'�' 5u„ frj, N 156 +
Proposed use of property: .� -ficD R0 56.�
PROPERTY OWNER INFORM) ATION:
NAME y��S' 7f?%C9i1e�
ADDRESSES%a7 /)1/4 oI fC
CITY -2a7,4? f STATE / jL ZIP ///1. 5'h� /
PHONE(r��� ) y/ - _5J��%'`f
FAX( )
E-MAIL ADDRESS
APPLICANT/AGENT NNFFORMATION:
NAME /z ClaV/ f%
ADDRESS
0�
CITY 2? j)/ STATE - ZIP P2/
PHONE( •) ///. 5 91/
FAX( )
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: // /f/ Z
Agent's Signature: Date:
OFFICE USE ONLFEES PAID: Y: .2 q) DATE PAID: I I 81OZ
CUM1U
RECEIVED BY:
APPLICATION NO. / 0 7 9
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0 200 400 Feet
11111 I
Zone Change Application No. 1079
Hollis Bardwell
2533 and 2537 Roy Road
(SD - M-1)
January 28, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1079
Request of Hollis Bardwell, owner for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to Light
Industrial District (M-1), on the following described property, to wit:
5 acres, more or less, being Abstract 504, H.T.& B.R.R. Company Survey, Tract 21,N/2 PT
(2533 Roy Road and 2537 Roy 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 Zoning Application No. 1079 to City Council
for denial with a second made by Commissioner Russ Selemon.
Motion to deny passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Hollis Bardwell
12746 Roy Rd
Pearland, Texas 77581
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for / issues;: as follows:
No. Date / — / 20 b 3
No Date 20
No. Date 20
No. Date 20
No. Date 20
�du�nm�rn-
President
scribe and sworn to before me this / S day of '`" 4'h
a3
LAURA ANN EMMONS Notary public, State of Texas
Commission Expires 09 06
....... ....:
Laura Ann Emmons, Publisher
Public Hearing - Application No. 1079
Published 01/01 & 08/03
Notary Public, State of Texas
Published Jan. 1 & 8, 2003
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 on
the 20th _ day. , of January,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
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 Hollis '13ardwell,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to . Light
Industrial District (1A-1) on the
following described -property,
to wit:.''
5 acres, more or less, being
Abstract 504, H:T.&B.R.R.
Company Survey, Tract 21,
N/2 PT (2533 Roy Road and
2537 Roy Road)
At said hearing all interested
parties shall have the? right
and opportunity to appear
and be heard on the subject,
/s/Mlona Ann Phipps
Development Coordinator
APPLICATION NO. 1079
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 7 issues, as follows:
No. / Date / - 20 D 3
No. Date '20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sviorn to before me this
20 0
/1(lytwit
President
LAURA ANN EMMONS
Notary Pubic, State of Texas
Commission Expires 09-09-2006
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1079
Published 01/01 & 08/03
Published Jan. 1 & 8, 2003
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 on
the 20th day of January,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
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 Hollis Bardwell,
owner, for an amendment to
the Land Use; and Urban
Development Ordinance of
said City from Classification
Suburban Develo ment
Industrial District (M-1) on the
following described property,
to wit:
5 acres, more or less, being
, Abstract .504, H.T.&B.R.R.
Company Survey, Tract 21,
N/2 PT (2533 Roy Road and
2537 Roy 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. 1079