Ord. 509-175 12-08-97ORDINANCE NO. 509-175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 2.31671 ACRES OUT OF A 3.322 ACRE TRACT OF A
PORTION OF THE H. STEVENS SURVEY, ABSTRACT 594, ADJACENT TO
AND EAST OF STATE-HIGHWAY 35, BRAZORIA COUNTY, TEXAS (16800
BLOCK, SOUTH MAIN STREET) (APPLICATION NO. 237) FROM
CLASSIFICATION MULTI-FAMILY DWELLING (MF) TO LIGHT INDUSTRIAL
(M-1) AT THE REQUEST OF DAVE MILLER, AGENT, FOR ROBERT FOURNET,
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, Dave Miller, Agent, for Robert Fournet, owner, filed on September 24,
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 10th day of November, 1997, 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 1 lth day of November, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by , Dave Miller, Agent, for Robert Fournet, owner,
whereby the Commission recommended and approved a change of classification for the
property described in Exhibit "A" from its existing classification of Multi-Family Dwelling (MF)
to Light 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 of the
Planning and Zoning Commission, at a regular meeting on November 24, 1997, 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 Dave Miller, Agent, for Robert Fournet, 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 Multi-Family Dwelling (MF) is hereby for all
purposes changed and reclassified as Light Industrial (M-l); such property being more
particularly described as:
2.31671 acres out of a 3.322 acre tract of a portion of the H. Stevens survey,
Abstract 594, adjacent to and east of State Highway 35, Brazoria Co., TX
(16800 Block, South Main St.)
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
reclassi~cation of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-175
PASSED, APPROVED, and ADOPTED on First Reading this 241:h day of
November ,1997.
TOM REID
MAYOR
A'I'i'EST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 81:h day
of December ,1997.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
Change in Regulations in Section #: ;
Specific Use for: *
Property address:
S'o a. T~ lt4ft. t~j St,
Lot: Block:
Metes & Bounds Description:
(unplatted property only;~ttach survey'~
Subdivision:
Tax I.D. number:
EXHIBIT
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
to/ u oR , Lht=^yeTT' , L/q ?ogor
GF'~IC.~'~
3t~-'~3-4~3.3
Agent's name:
Agent's mailing address:
2l>A-vtb S,
3oo7 ~.
Agent's telephone number: a'~8:l ' qq7 - ~00o
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 current and future uses on properties in my vicinity.
Owner's signature:
Fees paid: $ ~'0.
Received by:
Agent's signature:~/d~,~
Date paid:
~'ZZTY OF P~ARLAND
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ID:713-485-8764
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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
No. Date
No. Date
No. Date
/ E). 7,-l_ ~9 _'~ ?
19
19
Subscribe and sworn to before me this
19 '~'~
E ~or
7,,5 day of ~:2r_~
Notar -__ 2,~ _~~~
Laura Ann Emmons, Publisher
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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:
~,o./ ~.t~/~J '27' ~e '7~
No. Date 19
No. Date 19 ...
r~o. ~t~ ~9
Editor
Subscribe and sworn to before rne this ~b day of ~r_~
I 9 '
Notary Public, State of Texas
Laura Ann Emmons, Publisher
and Urban DevelOpment
Ordi.ance.of::eaidiC~ from
Classification MUlti Family
Dwdltng Uhii (MF)to Lighl'
Behg 2.31671 acres out of a
3.322 acre tract, of a portion
of the i.L Stevens Sunmy, A-
594, being adjacent to and
east of State Highway 35 of
~the.Deed Records, Bra~ofia
At said hearing al intereatad
parlies shall have the right
and:'qcqDofNnilytoappea~and
/",,/Yoteg Lott~ .