Ord. 509-189 03-23-98ORDINANCE NO. 509-189
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 A TRACT OF LAND, OUT OF LOT 19, OF THE
ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29,
H.T.&B.R.R. CO. SURVEY, A-292, BRAZORIA COUNTY, TX (4808 MAIN
STREET).(APPLICATION NO. 238) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL (M-2) AT
THE REQUEST OF THOMAS W. & CANDACE M. DEWEY, 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, Thomas W. & Candace M. Dewey, owner, filed on October 27, 1997, 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 23rd day of February, 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 24th day of February, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Thomas W. & Candace M. Dewey, 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 (SD)
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 March 9, 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 Thomas W. & Candace M. Dewey, 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).
A tract of land, out of Lot 19, of the Allison-Richey Gulf Coast Home Co.
Subdivision, Section 29, H.T. & B. R.R. Co. Survey, A-292, Brazoria County, TX
(4808 Main Street).
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. 509-189
PASSED, APPROVED, and ADOPTED on First Reading this
March , 1998. :/~y2
TOM REID
MAYOR
of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day
of March
ATTEST:
,1998.
TOM REID
MAYOR
APPROVED AS TO FORM:
INTERIM
CITY ATTORNEY
DARRIN M. COKER
Change in Zoning Classification from:
Change in Regulations in Section ,q: EXHIBIT
Specific Use for: *
ALLy4 m6"'~.
Subdivision: .,
Go L F
Tax I.D. number:
Prop '~Zd~n requ~ested designation:
""Fh.c~nnAS ~. DEcu~
Record owner's name: C)
Owner's mailing address:
Owner's telephone number:
Agent's name:
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Agent's mailing address://///~
Agent's telephone number: /(,////j}
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PET|TION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by lhe laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Perrail request 1o 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 vicimty.
4808 MAIN STREET
ZONE SD
ZONE SD <:~
O
lg
CITY LIMIT LINE
ZONE
SD SUBURBAN DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
2O
200'
I
(TYP.)
200'
(TYP.)
ZONE
SD
City of Perland, Texas
THOMAS & CANDACE DEWEY
ZONE CHANGE
FROM
8D TO M-2
-- p~arland 1984 city L imy~
I00 R. Strip Only ~ -~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
i, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date r~' ~7~ 19
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 ~
Editor
day of
Laura Ann Emmons, Publisher
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
EXHIBIT
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date
No. Date 19 __
No. Date 19
No. Date 19 __
No. Date 19 __
Subscribe and sworn to before me this
day of ~
'~ '~::'C,~ ~:'~:~'-:;'~:;'~'~ 'S'~G~.',.:
~t~ ~ . ~
Notary Public, State of Texas
Laura Ann Emmons, Publisher
OTICE OF A JOINT- PUB-
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