Ord. 509-139 05-19-97 Failed FAILED
5-19-97
ORDINANCE NO. 509-139 : - -
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 D, WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (2622
WESTGATE DRIVE) (APPLICATION NO. 126) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL (M-1) AT
THE REQUEST OF 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, 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 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-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 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 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 D, Westgate Park Subdivision, Brazoria County, Texas (2622 Westgate
Drive)
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. 509-139
PASSED, APPROVED, and ADOPTED on First Reading this
,1997.
day of
TOM REID
MAYOR
A'i'rEST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1997.
day
ATrEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
AMY MOTES MCCULLOUGH
CITY A'I'I'ORNEY
Change in Regulatiom in Section #:
__ Specific Use for: *
Property address:
Lot: I'D" Block: Subdivision: tUBS~&/47'~' ?/fg/c
Metes&BoundsDescription: t~srd,,.tT~ /?~t,e/c (/2o2~/~ H,T-t#3. g,P--, I~),
(unplatted property only; attach survey) /(,~ 7 i'D" /,z~ds. ~9, 3 q '2
Proposed use of land within requested designation: r/] r),,~q~/J-/ /1) ,q ,/a_,/-7/d oo ,_c8
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agere' s name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agem, 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.
Agent's signature:
Date paid:
,Xl'~pl icafion mnnher:
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Harris Counties in the REPORTER N/gWS' a newspaper el~ general
circulation in Brazoria and Harris Cour~t, ics, for i:.;::,ucs, as lollows:
,o. / ~,toL/,_ 2d ~s ...
No. Date
19
No. Date
19
No. Date
19¸
No. Date
19_
Subscribe and worn to before me this
19 ~7r)
Editor
day f ~ '/
PubllcNotlC . "}.
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
Counttea, Texas, will conducl
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 UI}erty Drive, Pearland,
Texas, Ior an amendment to
the Land Use and Urban
Development Ordinance of
Mid City from Classification
Suburban Development (SD)
1) ~ Itm lollowing described
property, to wit:
1. Application No. 125
Owner:.LoulaACorte
Legal Deacriplion: Lot B ol lhe
!Westgate Park Subdivision,
:~:rec~in.Volume 16, Pagesii;:
320 and 321 of the PlaL
Records of BP,,zo~a County,;
Texas.
Address: 2642 Westgate
2. Ait}lcslk}n No,1~6
~LefW Oesc~oU~: Lot D,
~::-~Weat~ate Park Subd~,
~- Acklress' 26~' ;e
3. Appicalion No. 127 :
Legal Oem}~: n:
..,.....
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notic6 hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in [3razoria and Harris Count, ics, for / iL;sucs, as lollowL;:
No. Date 19
No. Date 19
No. Date 19
No. Date 19.
Editor
Subscribe and worn to before rnc this
Laura Ann Emmons, Publisher
NOTICE OF A JOINT PUB-
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 ot
; Peadand, Brazoda and Hards
Counties, Texas, wig conduct
s Joint Public Hearing in the
Council Chambem, City Hal,'
3519 Libe~ Drive, Pealland,
Texas, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development ($D)
to Light Industrial Distdct (M-
1) on the following dascaad
1. AppUcatm No. 125
OwnecLoubAC~te
Agent:None - :, · · Bd
820 and 321 of the Plat;
:fiecords of Brazoria County,'~
Ws
Address: 2642 e tgete~
Legsl Description: Lol D, .~
Wetgate P, rk Subdividon,~!~:
Brm Coumy,.Tm ~:~
Address: 2622 westga~:~
Odve "
3. Appacation No, 127
Owner:, John A, & Ronnie
.Legal Description:
Westgate Park Subdivis~.~
Address: 2550 West~
~Nssidhemingatiintem~
parties shall have the