Ord. 509-244 11-09-98 FailedFAILED 11/9/98
ORDINANCE NO. 509-244
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 BEING LOT 28, 9.924 ACRES OUT OF THE ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECT. 9, HT & B RR CO: SURVEY,
A-234, PLAT RECORDS OF BRAZORIA CO., VOL. 2, PGS. 23 & 24 BRAZORIA
CO., TX (14435 MAX ROAD)(APPLICATION NO. 390) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT
THE REQUEST OF CHARLES EASON, AGENT, CHEROTECH INC., 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, Charlie Eason, agent, Cherotech Inc., owner, filed on July 27, 199E, 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 us ~. as
provided for in said Section 28, said property being legally described in the ori!]inal
application for amendment attached hereto, and made a part hereof for all purpose,,., as
Exhibit "A"; and
WHEREAS, on the 12th day of October, 1998, a joint public hearing was held b~;fore
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 Exhibil "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 19th day of October, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Charlie Eason, agent, Cherotech Inc., owner, whe 'eby
the Commission recommended and approved a change of classification for the prof~erty
described in Exhibit "A" from its existing classification of Suburban Development (SD) to I.ight
Industrial (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 o' the
Planning and Zoning Commission, at a regular meeting on October 26, 1998, and
WHEREAS, the City Council having fully heard the testimony and argument c.f all
interested parties, and having been fully advised in the premises, finds that in the case c f the
application of Charlie Eason, agent, Cherotech Inc., owner, facts were presented whic% in
the judgment of the City Council, would justify the approval of said application, it is there :ore,
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 (SD) is hereby fi >r all
purposes changed and reclassified as Light Industrial (M-l);. such property being r~ore
particularly described as:
Lot 28, being 9.924 acres out of the Allison Richey Gulf Coast Home Co.
subdivision, Sect. 9, HT & B RR Co. survey, A-234, plat records of Brazoria
Co., Vol. 2, pgs. 23 & 24, Brazoria Co., TX (14435 Max Road)
II.
The City Council of the City of Pearland finds and determines that the recitatiol ~s in
the preamble hereof are true and that all necessary prerequisites of law have t~een
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 :s of
law in the posting and presentation of this matter to the Planning and Zoning Commi.~ sion
2
and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendr nent
adopted herein promotes the health, safety, and general welfare of the public and is a pr ~per
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinan~ ;e is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, .' ;uch
portion shall be deemed a separate, distinct, and independent provision and such hol :ling
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 3ity.
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. 509-244
PASSED, APPROVED, and ADOPTED on First Reading this
, 1998.
day of
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1998.
(lay
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY