Ord. 509-140 05-19-97 FailedORDINANCE NO. 509-140
FAILED
5-19-97
AN ORDINANCE 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
LOT H, WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (2550
WESTGATE DRIVE) (APPLICATION NO. 127) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL (M-l) AT
THE REQUEST OF JOHN A. & RONNIE P. MOELLER, 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, John A. & Ronnie P. Moeller, owner, filed on October 30, 1996, 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 12 th day of May, 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 13th day of May, 1997, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by John A. & Ronnie P. Moeller, 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 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 May 19, 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 John A. & Ronnie P. Moeller, 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 Light Industrial (M-1).
Lot H, Westgate Park Subdivision,
Drive)
Brazoria County, Texas. (2550 Westgate
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
2
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. 509-140
PASSED, APPROVED, and ADOPTED on First Reading this
, 1997.
day of
TOM REID
MAYOR
3
A'I'I'EST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1997.
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
AMY MOTES MCCULLOUGH
CITY ATI'ORNEY
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby ccrtify that the noticd hereby appended was published
in Brazoria and Harris Counties in the REPORTER NIWS' a newspaper el general
circulation in Brazoria and Harris Count, ics, ~or issues, as IolloWs:
No. / Date L//'2d
No. Date
No. Date
19..
19
No. Date
No. Date
19.
19.
Subscribe and worn'to before me this
-,9
Editor
day of (2~~ '/
[?: Public
NOTICE OF A JOIIT I~-"
LIC HEARING OF THE CITY
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND, TEXAS
Notice is hereby given that on
the 12th day of May, 1997, at
6:30 p,m., the City Council
and the Planning and Zoning :.
Commission of the City of ~
Pea~nd, Brazoria and Ham
Counties, Texas, will conducl
a Joint Public Heating in the
Council Chainbern, City Hal,
3519 Uberty Ddve, Padand,
Teas, for an amendment to
the Land Use and Urban
Development Ordinance of
said Cily from Classification
8ubu~n Development (8D)
1o Light Industrial Distric~ (M-
1) on the lollowing descrtecl
property, to wit:
.1. Al:~icstion No. 125
· Owner. Louis k Coa
:l.tmlDescription:LolBotlM
"r Westgate Park 8ubdivilion,~
~ ,320 and 321 of the
Records o! Brazoria Comly,
~Texa..
:,'Address: 2642 Westgllte::::
'~ ....
:-Ownec R~llmieP~t~isil~
,Legll Delcril~: Let
.. ............,..,.
3, A~icstionNo.~
· Legal I)ee~dpt!ea: ,Let'
AFFIDAVIT OF PUBLICATIO'N
Tim 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 Flarris Counties in the REPORTER NEWS, a newspaper of general
circulatior~ in Drazoria and Harris Counties, for / issues, as Iollows:
No. / ~.~o L/_ Zg~9..<F"'}
No. Date
19
No. Date
No. Date 19_
No. ..- - Date 19
Editor
Subscribe and worn to before me this
19 ~")~
2 r,./ day of (~//
Laura Ann Emmons, Publisher
:NOTICE OF A JOINT PUB-
UC HEARNG OF THE CITY
COUNCIL AND THE PLAN.
~NING AND ZONING COM-
~MISSION OF +THE CITY
NoUcelsherebyglventhaton
:.lie 12th day ol May, 1997,
!~6:30 p.m., the City Council
i'Commission of the City of
Courtlie, Tee, wil conduct
Joint Pubic liering In the
Counc. Chambes, C~
~19 Lla~ Drive, Pearland,,
~e Land Use and
;~b.~n Devek~m~e
1) on ~e ~lowing deedlad
ate
~~...~-'~ ....