Ord. 509-271 01-25-99ORDINANCE NO. 509-271
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 8.99 ACRES IN LOT 47, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 9, H.T. & B. R. R. CO.
SURVEY, A-234, RECORDED IN VOLUME 2, PGS. 23 &24, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 485)(13430
ROY ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT
DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT(M-I) 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)
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 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 8.99 acres in Lot 47, Allison Richey Gulf Coast Home Co. subdivision,
Section 9, H.T. & B. R.R. Co. survey, A-234, recorded in Volume 2, pgs 23
& 24, plat records of Brazoria County, Texas (13430 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 heroin 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 theroof.
V.
All rights and romedies which have accrued in the favor of the City under this
Ordinance and its amendments theroto shall be and aro preserved for the benefit of the City.
VI.
The City Secretary is hereby dirocted to cause to be proparod 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 heroin 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. 509-271
PASSED, APPROVED, and ADOPTED on First R '~/~~ay of
:~ ~'~y ,1999.
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this c~~ day
~'~:~.~u--C~'<-~ ,1999.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
,,,.,, .., ZO~{'.'LC"IL~NGE ,~PPLICATION
· "¢ :"'.:, "".' ~ .'i,:.,'~i",:..,'.":t~Vtsed 31$196. ·
............... :.".L:.~',' '.." ,'. ..........................
V/'Change in Zoning Classification from: ?-~U"~ to:
EXHIBIT
__ Change in Regulations in Section #:
__ Specific Use for: *
CONSENT AGENDA
ITEM D
ORDINANCE NO. 509-271
c,,cv-es
Lot: L4~'7 Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's rmailing address:
Owner's telephone number:
Agem's name:
Agem's mailing .address:
Agent's telephone number: ("X /(3-
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.
Owner' S signature :~/~~
Fees paid: $ V3
Agent's signature:
Date paid: <~
Xpplicat!'On ,',uml,er:
12
13
45
4-
olff I..~ff MIlE
"'- 46
14
~ ZONE GO
/
1G4,'.~ROY
o ZONE:S~
17
SHARON DRIVE
SD
M-1
SUBURBAN DISTRICT
LIGHT INDUSTRIAL DISTRICT
CIty of Pem~nd, Tecu
VIRelL · eRACE ELUOTT
FROM
8D TO M-.1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
' 2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby cert. iry that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS', a ricwspaper el general
circulation in BrazeriD and Harris Counties, for / ....... issues, as follows:
No. /
No.
No.
Not
Date
Date
Date
Date
Date
19
19
19
19
Subscribe and sworn to before 1i10 this
19 ~ :
day of
' Notary Public,
Laura Ann Em~
NG AND ZONING COM-
ISSIGN OF THE CITY
PEARLAND~ TEXAS
' '~b!($"iier~by'~iven that on
~23rd 'd~y'oj November
',,~ ~j8, at 6:30 p.m.. the Cit~,
"'d~y of peaa~a~ ..erazo.a and
. Hjrris Counties; Texas,.will
.;,.- b~Oduct" a '~oint Pub ic
: ..~?.'~aring,.: in'. the ~ Council
~ ::"~be~,.'e.~ty Hall, 3519
~ L~q~t:~:,:;>b~e, Pearland,
.; "'~, ~'~ 'th~ m~est of vigil
~.: ~...... ,: · .
-:v. U~an'DeveloPment
...=~ of said City ~rom
.~ ti~n.. Suburban
~D) to ~ingle
. DiStrict (R-I)
,described
hey Gulf Coast
tect.
Co. surVey, A-
rec:o, rded in Vol. 2, Pgs. ,.
'p ~t re(~b'r~l~:'.'of;j
· . ~ .'. ~!'~..~,',:;~..~..i
' Secretary
ve the Hght
r.to appear and
~ubject
AFFIDAVIT OF PUBLICATION
Tl!.o,Pearlarid Reporter News
. 2404 South Park:
, [ r
Pearland :Texas 77581
SLat of Texas ~ : :. ..... !'.:
Brazoria and Harris Counties ': ~
1, Joan Cummings, hereby cCrl. iry~,that l. he riotice hereby appended was published
in Brazoria and Harris Counti'es in' the REPORTER NEWS', a newspaper el general
circulation in Brazoria and Harris Counties, for ,~/. issues, as
No.. / _ Date
No. Date
No. Date 19
No. Date 19
No. Date
.................. 19
Subscribe and sworn to bcl:orc!mditllis
19
:I
day of W/L/.
": ~~ING OF'THE
M.ISSION' OF THE'*ejTY OF
PEARLAND, TEXAS:..
Notice is hereby given that on
the 23rd day of N~,embe~:,
199tii, at 6;30 p.m., ~e ·City
Councjl and tl!e Plan'hing and
i'~nin9 Oommissi'On of the
-- City of Peafiend Braz. ora and
' Harris Counties, .T.e~lts, wfij
.. .. .,
Hearing! in the Council
.C. hambers, City Hall, 3519
~iberty Cerl~;e, 'Pearland,
"'~exas,.on the request bf Virgil
.~oy & Gmce.::M,:EJliott, owner,
for an a.m. end~n~n~ i~ the Land
Use and Urban Developmeht
Ordihance.of said. City from
. Classificat on 'Suburban
i evelopmefit (SD) to Single
!~:~;mily Dwelling District (R-I)
'. off t.he :f011owihg deScribed
~oroperty, to wit: ' ' ·
: .
.: .~.~i[tg 8,990 ac. in Lot 47
· '~llsOn. R 'c. hey Gulf Coast
...:." ",-recorded In"'Vi:;: :~,: :~s.'
':n' .":& 24, p at ieabrd~ of
i;' ZOria'Co,;'TX (t~430 Roy:
::. ~ ..~"""'= ,-,:;;~:~,~: ,....
Young Lorfing
AFF:I'DAVIT OF, PUBLICATION
,; ,
,
· .
:!' '~ :,'::!The Pearland Flepor{er News
!
: 2404 South' Park
-. ~ Pearland,Texas 77581
State of Texas
Brazoria and Harris Courttie:
1, Joan Cummings, hereby ccrtily that :the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER 'NEWS', a newspaper oi' general
circulation in Brazoria and Harris Counties, for: .... ../.____: .......... E_ issues, as lollows:
No.
No.
Date
Date
Date
Date
19
19
19
19
19
Laura Ai-H'i
~-~(*i~ Notary Pul:ic, State of Texas~¢,
~',~ Commission Expires 9-9-02
Publisher
~Notice i6 hereby lyon'that on
)l'h6 ~t~. da~ .o~ O~cember,
~ 0.98, a~ 6;~O p;m'.,'Zthe City
~oun~il. ~'n~' ihe' 'Plannin9 and
:~6'n[ng?~om~i6.6ii~n of the
':~lty of P~arla~d, Brazoria,
~, ~nd Harri6 ~ountie6, Texa6;
'will conduct 8 dQint Public'
:Hea~in9 in 'the Council
'~hamber6, City. Hall,
~.. .,,.. ~..,....
~6e and
.:..... .
l'dus~dai' 6i'~th~ (M4) on the
following described properly,
, ~ w~:'- ·
'~ ng'8,gg;O:aO, ~ L6t 47,
~ni~en'.' ~i~y 'B.u
~ome.c~, s~i~"~:~' "' L ',
.UT&B~.~' ...... .
~'~i,' V~I,=' '
..'
Y~ung Loding.:
15 December 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zone Change Application No. 485
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:
Being 8.990 ac. in Lot 47, Allison Richey Gulf Coast Home
Co. subdivision, Sect. 9, H.T. & B. R.R. Co. survey, A-234,
recorded in Vol. 2, pgs. 23 & 24, plat records of Brazoria
Co., TX (13430 Roy Road)
Owner:
Virgil Coy & 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