Ord. 509-280 02-08-99ORDINANCE NO. 509-280
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 BEING 9.924 ACRES, KNOWN AS LOT 28, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B.R.R. CO.
SURVEY, A-234, RECORDED IN VOLUME 2, PAGES 23 &-24, PLAT
RECORDS OF BRAZORIA CO., TEXAS (APPLICATION NO. 643)(14435 MAX
ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT
DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-I) AT THE REQUEST
OF CHEROTECH, INC., 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, Cherotech, Inc., owner, filed on November 18, 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 1st day of FebmaW, 1999, a joint public headng was held before
the Planning and Zor. ing 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 2nd day of FebmaW, 1999, the Planning and Zoning Commission
of the City submitted its report and mcor~n~'~dation'to"the-City"'Codnc~f~r~'g'ffi~
proposed amendment application by Cherotech, Inc., owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development District (SD) to Light Industrial
· I
District (M-l); 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 8, 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 Cherotech, Inc., owner, 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 Suburban Development District (SD) is hereby
for all purposes changed and reclassffied as Light Industrial District (M-l); such property
being more particularly described as:
Being 9.924 acres, known as lot 28, Allison Richey Gulf Coast Home Co.
Subdivision, section 9, H.T. & R. R, Co. Survey, A-234, recorded in Volume
2, pages 23 & 24, plat records of Brazoda County, Texas (14435 Max Road)
· II.
The City Council of the City of Peadand 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.
2
III.
The City Council of the City of Peadand 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 podion
shall be deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
V.
All fights 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 Distdct Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the
redassffication 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
999. ---'~r/)-~
TOM REID
MAYOR
day of
A'!'I'EST:
A'FI'EST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading thisr~,r~day
,1999.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
(CITY 01~' I'EAI~J.,AND
ZX:)NE C[-IANGE AI~PLICAT[ON
revised 315195
__ Change in Zoning Classffication from: ~ L) to:
__ Change in Regulations in Section #:
__ Specific Use for, *
Properly address:
Lot: l,,,r-r' Block:/~ - 2- 3
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number.
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number.
Agent's name:
Agent's mailing address: 7~q o 5"" S'- ~"rza~2~ ~ 7']C ~ ~ I ,
Agent~ telephone numh~
PE~TION: ~ owner/agent I hereby ~t~ion the C~ for approval of ~e a~ve de~d ~uest as
provided by the laws of ~e S~te of Texas and O~inan~s of ~e C~ of Pearland. *On a S~c Use
Pe~R request to allow a msidenUal use in a business zone (OP, NS, GB), I a~no~edge ~at su~ use
may ~ in~mpatible ~h ~rent and future uses on pm~es in my vidn~.
~neFs signatur~ ~ Agenrs signature: ~ , ~,:~ ~
· . Date prod / I V ~ ~ f-
b: Appli~Uon num~ G 9 ~ ... ~ __
59
61
62
.1~G
' 9ROADWAY
SD
GB
C
M-1
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
LIGHT INDUSTRIAL DISTRICT
ORDINANCE NO. 509-280
2January 1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 643
The above referenced zon~ change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, January 1, 1999. The owners requested an amendment- to the Land
Use and Urban Development Ordinance of sm, i/d City from Classification Suburban Development (SD)
to Light Industrial District (M-l) on the following properties, to wit:
Application No. 643
Owner:
Cheroteeh, Inc.
3503 Foremast
Galveston, TX 77554
Legal:
Being 9.924 ac, known as lot 28, Allison Richey Gulf Coast
Home Co. Subdivision, sect. 9, HT& B RR Co. Survey, A-234,
recorded in Vol. 2, pgs. 23 & 24, plat records of Brazoria Co.,
TX (14435 Max Road)
The motion was made by Commissioner. Scott and seconded by Commissioner Mathis to approve
each of the applications listed above.
The motion to approve passed unanimously (4-0).
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,
Mary'StY, Chairperson
Planning & Zoning Commission
City of Peadand
AFFIDAVIT OF'PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria add Harris Counties
I, Randy Ernmons, 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 7/ issues, as follows:
No. // Date /-/3 19 ~?~7
No.
No.
No.
Date
19
Date 19
Date 19
Date 19
Subscribe and sworn to before me this
day of ~.
~t~isher
State of Texas
~iP. Stm~NO, TSC~' '
'~od~ ~ hereby giv~ that ~
' ~e flint day of Febma~ 1~,
.~ at 6~ p.m., ~e'C~ Council
; "a~d ~e Planning and Zoning
~Commission of.lhe'C ty of
~':~nd, Bmzo~ and ~
T.~~ ,a~. 'Te~ wi,
,', ~im PUbiC-Hea~g in me
Z~; ~; on t~e reqUest-of
~ Ch'ar~e EaSon~ agent:,forZ
Chemt~, I~., ~ner ~ an
,. amidmerit lo the ~nd Use
- andS,Urban Development
~: ,Classification, ~:S~b~man :~
;:- -bevelopment (SD) to Lighl ~:/
',~ ....ng 9',924;.ac., '~0wn a~
r~ ~'28; Allis0n'Richey Gulf'
!~ 9,'m&B RR~, ~y,
~ ~3.4,'re~dedin:V~'2,
I ;~oda:~ Texas (~35
,:t ~R"U)".:~'~",:~.':
2 ~ l~ hBd~g all inter. t~ ,
~ e~ es shall,have the right /
-/
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 z issues, as follows:
No. / Date
r~o.
r~o: _ ~to
r~o.
~o..
19
19
19
19
Subscribe and sworn to before me this
day of
A LAURA A, EMMO NS.
"~,l'4ota;y Public, State of Tex~ :~'
Not.a..~, Public, State of Texas
HEARING OF THE CITY
NCIL AND THE PLAN-
. AND ZONING 'COM-!
ION OF THE-CITY
:' UmU, .Ted..~!~.!,
slon'Of the C~ of
erazod. and Ha~
uest o!
for
'for an'
i from'
SUbUrban
Richly' Gulf
HTU RR Co.'survey,
ORDINANCE NO. 509-280
2 January 1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 643
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, January 1, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of sa. id City from Classification Suburban Development (SD)
to Light Industrial District (M-l) on the following properties, to wit:
Application No. 643
Owner:
Cherotech, Inc.
3503 Foremast
Galveston, TX 77554
Legal:
Being 9.924 ac, known as lot 28, Allison Richey Gulf Coast
Home Co. Subdivision, sect. 9, HT& B RR Co. Survey, A-234,
recorded in Vol. 2, pgs. 23 & 24, plat records of Brazoria Co.,
TX (14435 Max Road)
The motion was made by Commissioner Scott and seconded by Commissioner Mathis to approve
each of the applications listed above.
The motion to approve passed unanimously (4-0).
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