Ord. 509-286 02-22-99 ORDINANCE NO. 509-286
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 82.5607 ACRES OUT OF LOTS 161,162,
&163, SECTION 28, H.T. & B.R.R. CO. SURVEY, A-551, RECORDED IN
VOLUME 29, PAGE 9, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 587) FROM THE CLASSIFICATION OF MULTI-FAMILY
DISTRICT (MF) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST
OF TERRY GRAY & RAY C. MCKENZIE, JR., 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, Terry Gray & Ray C. McKenzie, owners, filed on October 5,1998, 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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 8th day of February, 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 9th day of February, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Terry Gray & Ray C. McKenzie, Jr., owners, whereby
the Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Multi~Family District (MF) 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 concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on February 22, 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 Terry Gray & Ray C. McKenzie Jr., owners, 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:
I.
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Multi-Family (MF) is hereby for all purposes
changed and reclassified as Light Industrial District (M-l); such property being more
particularly described as:
Being 62.5607 acres out of Lots 161,162, &163, Section 28, H.T. &B.R.R. Co.
Survey, A-551, recorded in Volume 29, page 9, Deed Records of Brazoria
County, Texas
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.
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. 509-286
PASSED, APPROVED, and ADOPTED on First Reading this "" day of
/'~"~'/-/,~/~/~ , 1999. c'
TOM REID
MAYOR
ATTEST:
'
SE~TARY ~7
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
__ C!muge in Rcgu'lations m Secdou #: _ _
__ Sl~c-ilic Use lbr: ·
Lot: Block:
Metes & l)mmds Dcscdptioa:
(unplattcd prol~tly mdy; attach survey)
Subdivision;
Tat I.D. number.
Proposcd usc of land widdn requested desigrmtion:
Owner's telephone number:
Agent's nantc:
Agcnt's mailing address:
Agcm's tHephone marebet:
PETITION: As owner/agent, I l~ercby Flition the City for approval of de above ticscribed request as
providtd by th~ laws of the Slate of Texas and Otdiuatmes of tltc City of Peadaml. *O:t a Specific Use
Permit tequesl to allow a tcsidcmial use |a a busim:ss zone (OP. HS. GB), I acknowledge thai such use
nay he im:ompatiblc wida current and future uses on l>toperties in my vicinity.
EDIt.. M'-I
1
I 11--1
174
175
R-2
MF
M'I
M-2
S
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MULTI - FAMILY DWELLING DISTRICT
COMMERCIAL DISTRICT
LIGHT INDUSTRIAL DISTRICT
HEAVY INDUSTRIAL DISTRICT
SPECIFIC USE PERMIT
CltyofPeerlend, Tm
nAYMeCBeZEJn.
ZONECH'tANGE
MF TO M-1
~ Ne. aS87 98dm
~;eTr :I'--
GROFI~
Clddl/sO. SMITH 9~-e007
1
OF1
."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. f Date
No. Date 19
No. Date
19
No. Date 19
No. Date
19
Subscribe and sworn to before me this
19 ~27
Laura Ann ~r~mor~s,"~b~~r
Not~'ry Public, State of Texas-
~.UNCIL AND THE,'t~.A '
~tiNG~' "ANn' .~ONING' 'COM-
~i~$1ON:'OF THE CIT. Y OF
· :;; .... ,.
~N~6~ is hereby given mat on
mmm' day ,Of-Feb~, '1999~
~t ~. ~.~.,'.the .~i~ Counc'
.~ '(h'~ ~ ~n~i~g ~hd Zoning
..Cd~mis.s(on~.ot'.th'~".City
peahand, Bmzqda. aQd Harris
Counties, Texas~...wilt'.~nduot
a joint Public Headrig' in'the"
Council Chainbern, City
3519 Libe~y Drive,
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 /- Z-7 19 ~¢
No. Date 19
No. Date 19
No. Date
No. Date
19
19
Subscribe and sworn to before me this
19 ~I
day of
.~ ~,~,_n.sa~on E~ires 9-9-02
L~~~ er
Nota~ Public, S~ate of Texas
~i~r~,~at' or~
at 6:30'p.m., the City COunCil
and the Planning and.'~onin~
Commission of the
Pearland,
9 February 1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 587
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, February 8, 1999. The owners requested an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Multi-Family District
(MF) to Light Industrial District (M-1 ) on the following properties, to wit:
Application No. 587
Owner:
Terry Gray & Ray C. McKenzie, Jr.
P.O. Box 2526
Pearland, TX 77588
Legal:
Being 62.5607 acres out of Lots 161, 162 & 163, Section 28,
HT& B RR Co. Survey, A-551, recorded in Vol. 29, pg. 9,
Deed Records of Brazoria Co., TX
The motion was made by Commissioner Mathis and seconded by Commissioner Beltz to approve
each of the applications listed above.
The motion to approve passed with a vote of 4-1 (Starr opposed).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City SeCretary for the same purpose.
Sincerely,
Planning & Zoning Commission
City of Pearland
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
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 '~
day of ~
Com.~tsO On ~ 9 es oj-9-O
.,~== _ _ 'sher
Notary Public, State oLTexas
at 6~'i'P.~j~ ~he'citY'cou~ei.
.~and t~*~ Pia~ni~ a~dZ~in~=.
~ om~iSsion bf ~he'Cit~.:~f..'
~ea~and, Bmzo~a and Ha~s
Counties, Te~s, ~ili.'~nduct
:~'~Oin~P,blic Head~gj, the
council Chamber,. Ci~ Hall,
3~19 ube~ D~e, Pea~and,
e .r~Uest of Ray
of
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__ ~ 19 ~ ¢
No. Date
No. Date
19
19
No. Date 19
No. Date 19
~sident
Subscribe and sworn to before me this
'2_./ day of ~~j~ .
Notary Public, State of Texas
· ;,,:, . ,, ....:~ T~',*'.~
., me I~linninO ~.d
.~d; B~zo~a and Ha~
~'COunt~es, Texas, w~ll conduct
~a..JQjnt. Public Hearing in the
~unCil G'h~mbe~.;Cjt~' Hal
~" ~1~ .Libe~ DriVe;' ~'ead~d,
~. M~K~nzie, ~., ~ent
~TerEy Gray, ownS;;' ~r an
~6mehdment to the Land~
~d Urban. Devel. o~ment:
i' rdinance of said City from
!~lBSSiflC~.Uon Multi-Family
~jstriet (ME) t6 Light Industrial
~}ribed p~perty, to wit:
March 3, 1999
Mayor & City Councilmembers of Pearland, TX.
Dennis Smith--Director, Planning & Development ofPearland, TX.
Young Lor~ng--City Secretary ofPeafiand, TX.
Withdraw of re- Zoning Application No. 587
Owner:
Terry Gray & Ray C. McKenzie, Jr.
P.O. Box 2526
Pearland, TX 77588
Legal:
Being 62.5607 acres out of Lots 161,162 & 163, Section 28, HT & BRR
Co. Survey, A-551, recorded in Vol. 29, pg. 9, Deed Records of Brazoria
Co., TX.
Please withdraw Re-zoning Application No. 587, more fully described above, 'before the
second and final reading. It is my wish to leave said property zoned as Multi-family.
Attached is my power of agency to act on behalf of Mr. Terry Gray in this matter. I
apologize for any inconveniences to the City of Pearland.
Sincerely,
ay . cKenzie, Jr. ~
C!'r'/of PEARLAND
CITY' SZ(-:?&TAH¥'S OFFICE
8-31 - 1998
I Terry Gray and The Estate of Wayne Miller, Peggy Hall, Executrix, give to Ray C. McKenzie Jr. The
right to act on my behalf, with all the rights 1 enjoy, pertaining to the zoning or rezoning of Tracts 162 B &
164 N, A0551 HT& BRR located near Industrial Rd., Pearland Texas. The fight of Ray C. McKenzie Jr.,
to act as my agent, in this matter, shall exist until 9-22-1999. This does not convey any ownership or Title
to Property.
_" ......................................... ..........
Terry Gray Date:
The Estate of Wayne Miller, Peggy Hall, Executrix Date: