Ord. 509-270 01-25-99ORDINANCE NO. 509-270
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 THE SOUTH 87.5 FEET OF LOT 7 & THE
NORTH 12.5 FEET OF LOT 8, BLOCK 8, HICKORY CREEK PLACE
SUBDIVISION, H.T. & B. R. R. CO. SURVEY, A-219, RECORDED IN VOLUME
11, PAGES 1-2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 484)(14013 SUBURBAN GARDEN) FROM THE
CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO
LIGHT INDUSTRIAL DISTRICT(M-I) AT THE REQUEST OF VIRGIL COY &
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 Coy & 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 Coy & 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) 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 Coy & 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:
The South 87.5 feet of lot 7 & the North 12.5 feet of Lot 8, Block 6, Hickory
Creek Place subdivision, H.T. & B. R. R. Co. Survey, A-219, recorded in
Volume 11, pages 1-2, plat records of Brazoria County, Texas (14013
Suburban Garden)
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-270
PASSED, APPROVED, and ADOPTED on First Reading this//~'''''~(/
'~'/~ t~//~ Y , ~ 999. ---~--~-n j ~
f
TOM REID
MAYOR
day of
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~'H/~day
~"~'CL~ bu::x,% ,1999.
ATTEST:
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
CiTY OF PI':,A!iI.ANI)
rt:vi,it:d 315196
__ Change in Zoning Classification from: ~"~]~
Change in Regulatiom in Section #:
__ Specific Use for: *
Metes 6': Bounds Description:
(unplatted property only; attach survey)
t
EXHIBIT
CONSENT AGENDA
ITEM C
ORDINANCE NO. 509-270
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner' s rnailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent' s telephone number: y"'X
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.
Fees paid: $ V3 ~_
Received by: V""N ..... ""'x ,
t~--~ ....~... r~....,Q~
Agent's signature:
Date paid:
ApplicatiOn
BUTLER
2O
I I I
1 20
SD
M-1
36
ZONE SD
14013 GARDEN
ROAD
ZONE SD
Z
E~
<E
~:),,,~ 200'
5
y//// 200''
O'~'P.)
8
10
11 12
MARSHA LANE
5
ZONE SD
10
7
6
/,.,
SUBURBAN DISTRICT
LIGHT INDUSTRIAL DISTRICT
FROM
8D TO M-,I
VIRGIL l IllACE B,UOTT
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland F~eporter News
2404 South Park
Pearland, Texas 77581
State o1' Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby ccrti[y that tile notice hereby appended was published
in Brazoria and Ht~rris Counties in the REPORTER NEWS', a newspaper el general
circulation in Brazoria and Harris Counties, lor Z ,. issues, as lollows:
No. _ .................Date
No.
No.
Date
Date
Date
Subscribe and swor.n to before me this ...... _,~,___~ ..........
19 _.. _.~__~ ......
Notary Pu
Laura Allr
Editor
day oi:
. ., OFAJOINTNa.;
LIC HEAFIII~I OF THE CIT~.,
COUNCIL AND THE Ill, iN.
NING AND 'ZONING COM-
MISSION OF THE CITY OF
pEARLAND, TEXAS
Council and the Planning a.~
Zoning.C~mmiesion of the.
. City ~f P~arla~d, BmzOria a.~d'
Herris Coo~tie~, Tex~ will
conduct a Joiqt.Pubfi~>: .
Hearing' in tl~'~oun.dil2
Chb:mt~em;:'GIty ~811~:~519.
..:,;: Development Ordinance of
. said City from Claesifisatlon'
'. Suburban Developmen.
.to Single Family.,.
.' District (~".~e followi~
dei~"d .prq~rty, to wit:
'.. .
~2.5 ft, of Lot 8, BIk,
.~:kory Greek Pla~e subdivi
~Ib~,'HT&B.RRQO:
.,,,: :..: :..,~
parties.s~i: :
'n'a'~i":~ff~"'j
.....
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Curnmings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS', a newspaper of general
circulation ir~ Brazoria and Harris Counties, for . / issues, as follows:
No. / Date //3 - Z 8
No.. ........... Date
No. Date
No.. .................Date
No. _ ............... Date
19
19
19
Subscribe and sworn to before rne this
No'
Notary Pt.,blic, 8 e o ~xas ~
NING AND ZONING'~)'M:.
MISSION OF THE ¢ITy."QF '
IIEARI;AND, TEXAS'"
Notic~e is hireby' given ;ffat on
the 9th ~lay of N0~,ember,
1998, at 6i30 i~:m. i jhe eity.'
Council:anq the.Plannii~'g ~'nd
Zoning Commission'otfihe'
C~ty of P. earl~r~d, Brazor~a and
Harris COunties, T..e'Xas.: ~lf
conduct a'Joint Public
Hea~ing in the .Cou~ncil .. '
Chambem, City Hal{, 3519
Liberty Drive, Pe:a:rtand,
' Texas, on 'the req~bst of
! Grac~ M. & Virgil' Coy' Bli.0tt,
;' owner, for an amendment to
~ the Land Use and Urban
!' Develo ment Ordin~.nce of
'.
; ~:'~ir~!~mily Dwelli~i{3 ""
'..{;}istrict;(R- I ) on'ihe'following
';: ' · , ' 'i ".
1 ~;~ft.. of LOt 8, ~il~.
R . '
· ~,-219, recorded in Vol.' t,1,
' pg ':1-2, plat reco'~':~i;.'..="'.:;~"
"'~-'ia~1~'~h'~ll I~av~' the dght
'iihd'ol~portu~ity to appear. and
b? heard.on the .subje~..:.." '
. .'. ...., 'i ......
AFFIDAVIT OF PUBLICATION
Stale of Texas
Brazoria and Harris Counties
Tile Pearland Reporter News
2404 South Park
Pearland, Texas 77,581
1, Joan Cumnlirlgs, hereby certify that the notice hereby apperlded was published
in Brazoria and Harris Cour~ties in the REPORTER NEWS', a newspaper of general
circulation in Brazorja arid Harris Courtlies, for , ..... Z ............ issues, as follows:
No. _ ........................Data
No. Date
No. Date
No.. .......................Date
19
19
19
19
Editor
Subscribe and swo,'n to bcl:ore me this ¢:2. <2' day or
19 ..... ~..S2._ .....
Notary Pu~ ~. ."
!' "'
MISSION OF THE CITY OF
PEARLAND, TEXAS
'Notice is hereby:given that on
the 14th day of December,
1998, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission Of the
I City of Pearland,"Brazoria and
Harris Counties,.Texas, will
conduct a Joi,!t Publtc
Heafih~g" ~: ~h~~ GoUncii~
!Chambers., City Hall, 3519
Liberty Drive, Pearland,
Texas, .on the'request of
grace M.:.&:~.Vi~il~y Ellloft
the ,Land. USe '~.n'd' Urban
DeveloPment"e~i~r~ance of
said Ciiy; frbm"Cla;~,!' 'atio~i.
(o Ljgl~t Ih'd~id~l.'~i~trfct
t) on
!properly to wit:' i .~.;:.~;.' ....~.,...,.
i~e 8 87.5 ft..:'~
· , . ":'~" ""'
I ':
· ".:.,
At said he~
Young LodinQ
City 8wele~; "..,-..~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
St, al.e oi: Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in l. he REPORTER NEWS, a newspaper of general
circulation in Brazoria, and Harris Counties, for f issues, as follows:
No.
:!Date
No. _ .................DaLe
Editor
Subscribe and sworn to b. letore me this __ _?
day o[ ,/J~
.Notary Public, State el~ Texas
Laura Ann Emmons, Publisher
~ ~M..EARING: OF :THE'. CIT;
:'COUNCIL AND THE Pi.AN-
'kING AND ZONINr, COM:
· MISSION OF THr. CITY OF
' ~EARLAND, Tr,,XA5 .~
'f~otice is hereby given that on
. the 14th day 'of December,
J 1~998, at 6:~0.'p.m ;'.the' City
j"bOUncil and'the Piaq'ni~l, and
!Zoning commissio~E~f"the
'!'city of Pear and, '~m~Otia'and
~' Harris .Counties: 'l;e'~as; will.
Uconduct;;:a' Joint - PUbl
~-'ih'amb~rS: 'C tyHa~ I:, 35:i9~
,~rty :Drive ! peadandi~!:;!!!
:~9'Xas; on !the reciUest:*0:f
:'~race M. & Virgil Coy Elltort,
'.~Wner, for an amendment to.
.:' he LarJd Use and. Urban
~eve opme. nt OrdinanCe of
"~aid City from C assification
..JUburban Development
,~.Light Industrial D strict"(M-
".':On the.followind;:de'sdHbed '
,~ !i~,~:.fi;.'of ~ot 7 & the N."
~b,',::T~':';
i:=..: :..,.,,,,.,
and oppodunity to'~i :~: and
be heard on the s~bject.' ...
Young Loding ' ~" :' 't
·
... '
15 December 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zone Change Application No. 484
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) on the
following described property, to wit:
Legal Description:
The S 87.5 ft. of lot 7 & the N 12.5 ft of Lot 8, BIk. 6,
Hickory Creek Place subdivision, H.T. & B. R.R. Co.
survey, A-219, recorded in Vol. 11, pgs 1-2, plat records of
Brazoria Co., TX (14013 Suburban Garden)
Owner:
Virgil Coy & Grace M. Elliott
13502 Roy Road
Pearland, Texas 77581
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Tommy
Scott 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