Ord. 509-297 05-10-99ORDINANCE NO. 509-297
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 2.0 ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R.
CO. SURVEY, A-546, A.K.A TRACT 781, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY,. TEXAS (APPLICATION NO.
575)(15910 HARKEY ROAD) FROM THE CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE
REQUEST OF CHARLES R. UPSHAW & PAUL MULCAHEY, 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, Charles R. Upshaw & Paul Mulcahey, owners, filed on June 9, 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 5th day of April, 1999, 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 6th day of April, 1999, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Keith Sanders, 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 (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 April 12, 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 Charles R. Upshaw & Paul Mulcahey, 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 (SD) is hereby for all
purposes changed and reclassified as Light Industrial District (M-l); such property being
more particularly described as:
Being 2.0 Acres, more or less, out of the H.T. & B.R.R. Co. Survey, A-546, a.k.a
Tract 7B1, according to the plat records of Brazoria County, Texas (15910
Harkey 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 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 herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
PASSED, APPROVED, and ADOPTED on First Reading this ~'H~ day of
TOM REID
MAYOR
ATTEST:
ORDINANCE NO. 509-297
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
~.~ ,1999. ~~ ~~,
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
day
.,.,,,., .,,.. ::..:::.
Change in Zoning Classification from: -'~u..~Uf/'~,n to: Z-~,.9~f' ~6j~,,tn'a/ "
Change in Regulations in Section #:
__ Specific Use for: *
~05q(a H'I' ZBRRtT~&T 7~1, ~e,~zc
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted properly only; attach survey)
Tax I.D. number: 7&C) o94.~ 778 /
Proposed use of land within requested designation: rZ2e~,
_T/ddu_~ tr/ t~ l ~a 6i nr,~s , [/ff~le~,na
Owner's mailing address:
op,:,rc~ t qff a
ff2 N L , 7757cq
Agent's name:
Agent's mailing address:
Agent 's telephone number: ,-~d:]/' qt, l~q ,t//q ,/q
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the Slate of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request Io 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: Agent's signature: /Y/~}t
Rect:ived by ~. '
ZONE SD
4
7
ZONE SD
ZONE SD
ZOI~E R-1
BECKY LN.
ZONE SD
,/
JERRYCREST DR.
I~1
,LAR, RYC REST
DRe
SD
R-1
M-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY
LIGHT INDUS~I'RIAL DISTRICT
DWELLING DISTRICT
CHARLES R. UF~HAW x.
PAUL MULC.~EY
AFFIDAVIT OF"' PUBLICATION
The Pearland Reporter N, ews
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 19
~.,
No. Date 19
No. Date 19
No. Date 19
~President
Subscribe and sworn to before me this
19 ~
day of
..~.. ,!:' .'.~s.:'..'.'..,' :' '~.:
.. is 'hereby gi~jen th~:i on'
~' e 5th day of April,' ~1999, '.at .
';= "'~ p.m..the. City CoUncil
.'~ the'. PInning a,~' Zoning
' ' miSS/on of.ffi.~',Oity of
:. ,,'.
. . :::~;'..;.~:~. r-...
~ ' ,.. .,........- .~;:..
~"~uorinr Public Hearing in the
'.;~ ncil Chambers City
~".,jSl 9.'.L berty::Qrive, Pearland
i~. cl~'i~es I~....ap~l~aw & i, aul
Mulcahey, owner, for an
.amendroent to lhe L~nd U~
;'and:"'Umah: DeY~i'~p'ment
.OrdillanCe of .said City from
L~ Clasjification' Su~urbah
· .' Development (SD) to Light
i Industrial Di~tri~:t.iM~l) on the
fo,~wing described property,
~ tO wit:
·
i,d;oppDrt~rl"" land
ung Lofting '
y Secretary
AFFIDAVIT OF"' pUBLICA'[ION'
'Fhe pearland Reporter N,ews
2404 South Park
pearland, 'Fexas 77581
State of Texas
Brazoria and Harris Counties . · feb appended was published
s hereby certfiY that the notice he Y S a news aver ot general
I, Bandy Eramort , 's Count'~es in THE REPORTER NEW , P as follows:
No.._.___W-/ Date ~ 19 ~
19~
No.
No.
Date
Date
Date
No.
Date
No. ""
9/
.,.. ~ day oi
Subscribe and sworn to belore me this
'r"i
Nota~ public, State oi Texas
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AFFIDAVIT OF'PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 ~ ' / ~P 19 6' '~
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
day of ~.
er
I",, o s
;~ will'
!{~Cil.
DriVe..pear(end;,..
on the request Of
R.: Upshaw. & .Paul .
?/'-/an /
Libht
right
AFFIDAVIT OF"' PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
l, Randy Emmons, 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
19
19
19
19
Subscribe and sworn to before me this
19
PresidentzJ
day of ~'~'~'
6 April 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Applications No~ 315, and 575
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, April 5, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classifications Suburban Development
(SD) to Light Industrial District (M-I) on the following properties, to wit:
Application No. 315
Owner:
Legal:
Application No. 575
Owner:
Legal:
Keith Sanders
6041 Sharondale
Pearland, TX 77584
Being 0.505 ac. Out of a 10 ac. tract in the S. 1/2 of the NE 1/4
of the SE 1/4 of the G.C. Smith survey, Sect. 16, A-546, of the
Deed Records of Brazoria Co., TX
Charles R. Upshaw & Paul Mulcahey
P.O. Box 218
Manvel, TX 77578
Being 2.0 acres, more or less, out of the HT& B RR Co. Survey,
A-546, a.k.a. Tract 7B1, according to the plat records of Brazoria
Co., TX (15910 Harkey Road)
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Emil Beltz
to approve the applications listed above.
The motion to approve passed unanimously (6-0).
Please read this information into the official records of the City of Pea~and and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
Planning & Zoning Commission
City of Pearland