Ord. 509-275 01-25-99ORDINANCE NO. 509-275
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 THE NORTH 1/2 OF TRACT 26, SECTION 8, H.T. & B.R.R. CO.
SURVEY A-504, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION
ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 547) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2)
AT THE REQUEST OF JAMES F. FULLER, 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, James F. Fuller owner, filed on September 23, · 1999, 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 15th day of January, 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 18th day of January, 1999, the Planning and Zoning Commission
of the City submittee its report and recommendation to the City Council regarding the
proposed amendment application by James F. Fuller, 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 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 concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on January 25, 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 James F. Fuller, 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 reclassified as Heavy Industrial District (M-2).
The North 1/2 of Tract 26, section 8, H.T. & B.R.R. Co. Survey, A-504, Allison
Richey Gulf Coast Home Co. Subdivision according to the plat 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.
2
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
hereinabove described property.
approval herein granted for the reclassi~cation of the
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
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ORDINANCE NO. 509-275
PASSED, APPROVED, and ADOPTED on First Reading this
cCLCbC'~ ,1999.
day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ~.,b¥~,L(.,L,~"7/_~ ,1999.
-.,.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
day
'i[ (TH'Y ()!.' !'i{ARI.AND
'.] ZONF CHAN('~E APP!.!(.'AI'iON
.! revised 3/5."96
Change in Regulations in Section #:
__ Specific Use for: *
Property address: 13120 Suburban
5~ ~477'A6~ ~
Lot: Block:
Metes & Bound~.'D, escription:
(unplatted propell, S, only; attach survey)
Garden Rd.
Subdivision:
Ta,~ I.D. nm~r: / -TY-i'~l y.i' 7/-' ?
Heavy equipment and tractor truck
Proposed use of land within requested designation: repair and diesel engine repair
Record owner's name: James F.
Owner's mailing address:
Fuller (Pearland Diesel Service, Inc.)
P.O. Box 1305 Pearland, Texas 77588-1305
Owner's telephone number: ( 281 )485-9556
Agent's name:
Agent' s mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
............. 4D /:m'
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BROOKSIDE ROAD
2
crff UMIT LINE
ZONE SO
2
ZONE SD
CITY UMIT UNE
25 3
~°"~" ' ~"' 13120 GARDEN.
ROAD
ZONE SD
ZONE SD
27
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City of Peedend, Tex~
.JILMEB F. FULLER
SD SUBURBAN DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
AFFIDAVIT'OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby ccrl. ify that the notice hereby appended was published
in Brazoria and Harris Counties in l,l'~e REPORTER NEWS, a newspaper of general
"':!': ~ii.;..i :: i,i', : , :
circulation in Brazoria a
No.
4! ;Date
No.. ..................Dal. e
19
19
19
Editor
Subscribe and sworn to before mc this
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.o'~'c. oP= ~ :. jd,.~
LIC HEARING OF THE,CITY
COUNCIL:.'~N..D.~H.E."~LA :-
msm0N '~L~Hk~'~ff:Y'j
PEAR~ND, TE~S
No~Qe~he~Y: give~th~on'
~e: :~t:~:th'::~Y;~nU~Y~
f999~-at~ 6~9~ ~m:';3:th~
Council a~(h~ Planning :and
Z~ni ng .'¢~iSsion .' oi~.ffie
Ci~ oi Pearland, B~zdd~ and
Harris Counties, Te~as~ .will
~onduct:. J 'Joint'. Public
He~'d"~"~,:ffie C0u'~cil
C~amberS~ City'Hall, 3519
Liberty' Drive, Rearland,
Texas, Q9 the ~equest ot
James F, Ful qr,..oWner, for an
t~e..Land Use
~ent
-tr0m
The:N:
Aij,
ht
and {1 r and
Statc of Texas :'.!' ~..i ":( '.' !.,.
Brazoria and Harris CG(~ties.: . '.."
1, Joan Cummings, hc,r~b~..ccl'l. il .y;lhat, [l~¢..n~:[ic l~:i:c~b:y appended was pubo%shed
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I;IC HEARING'OF~THE CITY
OOUNCIL AND .THE ~LAN.
NING AND ZONING~i'~OM.
MISSION OF THE CITY:OF
PF.,ARLANR :'rF. XAS -
NQtice js hereby given d~at on
the fltS'day oi=J}n'Uary;
1999, at 6:30 p.m., !the"'C. ity~
Council and the Plenni,n~ ahd
ZOning:'~OdmmisSion :~f~'he:~
city of Pearland, Brazoria and,
'Harris Counties, Texas, will.
,cO. ndU~a~:Joint PuN o~:I
He;rin~".~ n the Counc I;
Chambe~;liLCity Ha, 3519 ~
Liberty. ,Ol:lve, Pearland,
TI :,tb.e request of
for an
use:
aB,d.": qent'
and 'and
~ung EOrfjng
"City Ss~atazy
January 18, 1999
ORDINANCE NO.
509-275
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 547, 548, 549
Request of the following owners for an amendment to the Land Use and Urban
Development ordinance of said City from Classification Suburban Development (SD)
to Heavy Industrial District (M-2) on the following described property, to wit:
Application No. 547
Legal Description:
The N 1/2 of Tract 26, sec. 8, HT& B RR Co. Survey
A-504, Allison Richey Gulf Coast Home Co. subdivision
according to the plat records of Brazoria Co., TX
Owner:
James F. Fuller
P.O. Box 1305
Pearland, TX 77588
Application No. 548
Legal Description:
Being 4.00 ac. out of Lot 39, Allison Richey Gulf
Coast Home Co. subdivision, sec. 8, HT& B RR Co.
survey, A-504, Vol. 2, pgs. 23-24, plat records of
Brazoria Co., TX
Application No. 549
Legal Description:
Lot 10, Blk. 9, Hickory Creek Place addition, as recorded
In Vol. 11, pgs. 1-2, plat records of Brazoria Co., TX
Owner:
T.J. "Tom" Hodges
Crane Technologies, Inc.
P.O. Box 3036
Pearland, TX 77588
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on January 11, 1999, af[er the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Nghiem Doan and seconded by Commissioner Jack Mathis
to approve Application No. 547, 548, & 549.
Motion to approve passed by a vote of 5-0.
This is submitted for your consideration.
Sincerely,
Mar;Tar'r, Chairperson
Planning and Zoning Commission