Ord. 509-262 12-21-98ORDINANCE NO, 509-262
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 11 & 12, BLK. 9, HICKORY CREEK PLACE
SUBDIVISION, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
COUNTY, TX (14221 SUBURBAN GARDEN ROAD)(APPLICATION NO. 546)
FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD)
TO HEAVY INDUSTRIAL (M-2) AT THE REQUEST OF PETER C. AND DONNA
LUNN, 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, Peter C. and Donna Lunn, owner, filed on September 23, 1998, an
application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use ~Lnd
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 16th day of November, 1998, a joint public hearing was held bef3re
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.z~. of
Ordinance No. 509; and
WHEREAS; on the 23rd day of November, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Peter C. and Donna Lunn, 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 (.'~D)
to Heavy Industrial (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 December 14, 1998, 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 Peter C. and Donna Lunn, 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 (M-2).
Lot 11 & 12, BIk. 9, Hickory Creek Place subdivision, according to the plat
records of Brazoria County, TX (14221 Suburban Garden 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 mandate,,, 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 pro 3er
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 1his
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 ELnd
final reading.
ORDINANCE NO. 509-262
PASSED, APPROVED, and ADOPTED on stRec~ad~n~_~.,h~ .~.~day of
Fir··'~
~J_~~__A/' , 1998.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~P__~~p..~
ATTEST:
APPROVED AS TO FORM:
, 1998.
MAYOR
DARRIN COKER
CITY ATTORNEY
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X Change in Zoning Classification from: SD to: M2 y
Change in Regulations in Section #: ,_ ' -` --
CONSENT AGENDA
Specific Use for: * ITEM E
ORDINANCE NO. 509-262
Property address: 14221 SUBURBAN GARDEN RD. , PEARLAND, TX 77584
Lot: 11 & 12 Block: 9 Subdivision: HICKORY CREEK PLACE
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax T.D. number:
,
Proposed use of land within requested designation: Fabrication of Pipe coating Equipment and
other heavy duty fabrication.
Record owner's name: Peter C. & Donna Lunn +
Owner's mailing address: 14221 Suburban Garden Rd., Pearland, Tx 77584
Owner's telephone number: (281) 485-3899
Agent's name: Donna Lunn
Agent's mailing address: 14221,Suburban Garden Rd., Pearland, Tx 77584
Agent's telephone number: (281) 485-3899
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'c rrent and future uses on properties in my vicinity.
Owner's signatu adam/ity—
���ioi' Agent's signature: Z
Fees paid: $ AlQ_ Date paid: q.e; 3 _ f .rci
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AFFIDAVIT OF PUBLICATION
The Pcarland Reporter News
2404 South Park
Pcarland, Texas 77581
State of Tcxas
Brazoria and Harris Countics
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I, Joan Cummincs,,hereby certify that the notice hereby appended was published
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circulation in Brazoria and Harris Counties, for
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AFFIDAVIT OF PUBLICATION
The Pcarland Reporter News
2404 South Park
Pcarland, Texas 77581
State of Texas
Brazoria and Harris Counties •
•
I, Joan Cummings,, hereby certify that the notice hereby appended was published
in Brazorialand Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for •
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23 November 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Application No. 546
The above referenced zone change application was reviewed by the Planning and
Zoning Commission at a regular meeting on Monday, November 23, 1998. The owner
requested an amendment to the Land Use and Urban Development Ordinance of said
City from Classification Suburban Development (SD) to Heavy Industrial Development
(M-2) on the following described property, to wit:
Legal Description: Lot 11 & 12, BIk. 9, Hickory Creek Place subdivision,
according to the plat records of Brazoria Co., TX (14221
Suburban Garden Road.)
Owner: Peter C. & Donna Lunn
14221 Suburban Garden Road
Pearland, Texas 77584
The motion was made by Commissioner Jack Mathis and seconded by Commissioner
Nghiem Doan to approve the zone change application request 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 Starr, Chairperson
Planning &Zoning Commission
City of Pearland