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Home My WebLink AboutOrd. 509-269 01-11-99 ORDINANCE NO. 509-269 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 LOCATED ON LOT 48, A 3.99 ACRE TRACT, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 483) (13502 ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF VIRGIL & GRACE M. ELLIOTT, 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, Virgil & Grace M. Elliott, owners, filed on August 24, 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 14th day of December, 1998, 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 15th day of December, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Virgil & Grace M. Elliott, owners, 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) :L to Light Industrial 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 January 11, 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 Virgil & Grace M. Elliott, 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 Suburban Development District (SD) is hereby for all purposes changed and reclassified as Light Industrial District (M-l); such property being more particularly described as: Being lot 48, A 3.99 arce tract, Allison Richey Gulf Coast Home Co. subdivision, H.T. & B. R. R. Co. survey, recorded in Volume 2, page 23, plat records of Brazoria County, Texas (13502 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 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. ORDINANCE NO. 509-269 PASSED, APPROVED, and ADOPTED on First Reading this// ,~'~ ~ ~,~e >, , ~999. day of TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25+/nday of ~0~ r't LL Ct V'-L/ ,1999. ~I'OM REID MAYOR ATTEST: APPROVED AS TO FORM: DAi~RIN M. COKER CITY ATTORNEY ,/ CITY O¥ I'FA!I I o.AND ZONF- CIL~NGI"~ APPLICAT!()N ("h,lll,,2c III/o11111!.' ('hl,,,lllc;llltlll I'1,,1111' Change in Regulations in Section #: __ Specific Use for: * Property address: Lot: .~t Block: Metes & Bounds Description: revised 3!5/.96 I(): Subdivision: CONSENT AGENDA ITEM B ORDINANCE NO. 509-269 (unplatted prope~y only; attach survey) Tax I.D. number: Proposed use of land within requested designation: Owner' s telephone number: 22 8 {/4/'fC d"4'~t / Agent's name: Agem's mailing address: Agent's telephone number: PETITION: As owner/agem, 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. h I(,'CclXCd Owner' s signature: ~ C~~ Fees paid: $ V'~ l ~ ,,-'-x ; i ,....,, .:..,_ I' ;' ,, ',, .......,' . .,,...: . ...... '- ~' I :~" 12 13 45 4 14 46 15 4.7 17 49 aai so SHARON I&IRN~EB. LIO1T SD M-1 SUBURBAN DISTRICT LIGHT INDUS"['RIAL DISTRICT AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearlanal, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummincjs, hereby certify that the notice hereby a!>pended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newsl~aper el general circulation in Brazoria and Harris Counties, for _/ ...... issues, as follows: No. DaLe 19 No. Date 19 No. _ ............... DaLe 19 Editor Subscribe anal sworn to bcforc mc this 19 ....__~_~_ .......... day el Laura Ann Emmons, Publisher AFFiDAViT OF pUBLiCATiON The pearland Reporter News 2404 South Park pearlarid, Texas 77581 State o~ Tcxas Brazoria arid Harris Courttics Joan CLi|THYliFIg5, hcrcby ccrtily that the notice hereby appended was published in Brazoria and Harris Counties in the i:~EPOR'1'ER NEWS, a newspaper ol general circutation in Brazoria and Harris Counties, {or ...l issues, as loltows: Date Date No. Date No. Date 19 19_____--,. 19____- 19____- Subscribc and sworn to bclorc mc this _._~L~ day o[ ~A~A A, EMMO~ ~~~i r a 7 r is �f. AFFIDAVIT OF P 2404 South' Park Pearland, Texas 77581 State of Texas Brazoria and Harris Coupties i, Joan Cummings, her~]~/'ccrtily that I, hc notice hereby ..appended was published in Brazoria and Harris Counties in the REPORTER NEWS. a newspaper ol general circulation in Brazoria a~d Harris Counties, for . _.Z-- ............ issues, as lo!iows: No. _ .................~%Dat~ ..... 19 ..... No. :~Datc 19 ~,. No.~ 19 19 Editor Subscribe and swor,'~:t~.':='~=~'c'|~r~ m'c this, 19 day ol /-~ Laura Ann 13mmons, Publisher 15 December 1998 Mayor and City Councilmembers City Hall Pearland, Texas 77581 RE: Zone Change Application No. 483 The above referenced zone change application was reviewed by the Planning and Zoning Commission at a regular meeting held on Monday, December 15, 1998. The owner requested an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to Light Industrial District (M-l) oti the following described property, to wit: Legal Description: Owner: Being lot 48, a 3.999 ac. tract, Allison P, ichey Gulf Coast Home Co. subdivision, H.T. & B. R. R. Co. survey, recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX (13502 Roy Road) Virgil & Grace M. Elliott 13502 Roy Road Pearland, Texas 77581 The motion was made by Commissioner Pat Lopez and seconded by Commissioner Nghiem Doan to approve the zone change application request listed above from classification Suburban Development (SD) to Light Industrial District (M-l). The motion to approve passed 6 to 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 Starr, Chairperson Planning & Zoning Commission City of Pearland AFFIDAVIT OF PUBLICATION The Pearland Fieporter News 2404 South Park Pt;;u'h~lKl, Tux,:~5 77581 State of Texas Brazoria and Harris Counties 1, Joan Cummings, hereby ccrtily that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a r~cwspaper el general circulation in Brazoria and Harris Counties, for / issues, as lollows: No. /Date No. Date No. Date No. No. Date Date 19 19 19 Editor Subscribe and sworn to before me this ~ LAURA A. EMMONS ' Notary Public, State of Texas Laura Ann Ernmorm, Publjsller Council and the Planning and: I Zon n~ Goremission of the City of Pearland, Brazoda an6 Harris Counties; Texas, will ~onduct a Joint Public Hearing in the Council , Ohambem, City Ha11,'3519 Libe~y Ddve, Pearland, , Texas, on the requept of Viffii~ C6y & Grace M. Elliot, ~t~n~r, fo~an amendment{o . thi ~nd U~e and U~an i 0)Velopment O~iDaOce of ~id City from Classification 9'ubu~a~ De~ldpm~ht (SD){ to Single.Family Dwelling '.~ Distd6t (~,1 i'0n the following.; de~c~bed prope~y, to wit:" Being lot 48, a 3.999ac. tm~ Allison:Ric~ey Home Co%'.sO~iVisi0~H~" RR Co; suNey, ~'~ ~M ,: :.~<.~ a~ on~