Ord. 509-137 05-19-97 Failed FAILED
5-19-97
ORDINANCE NO. 509-137 ...... - '
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 B OF THE WESTGATE PARK SUBDIVISION, RECORDED IN VOLUME 16,
PAGES 320 AND 321 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS. (2642 WESTGATE DRIVE) (APPLICATION NO. 125) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF LOUIS A. CORTE,
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, Louis A. Corte, owner, filed on November 8, 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 Louis A. Corte, 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 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 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 Louis A. Corte, 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 District (M-1).
Lot B of the Westgate Park Subdivision, recorded in Volume 16, Pages 320 and
321 of the Plat Records of Brazoria County, Texas. (2642 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. 509-137
PASSED, APPROVED, and ADOPTED on First Reading this
,1997.
day of
TOM REID
MAYOR
A'FI'EST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1997,
ATI'EST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
AMY MOTES MCCULLOUGH
CITY ATTORNEY
Change in Regulations in Section #:
__ Specific Use for: *
Property address: ~' ~ c_/Z
Lot: Z Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) ~c-voq---ve~ Z--e~' Ve, t---/(-'
- /
Tax I.D. number: -/--,74"7a -- -{//,- z/'oaz/'.~T
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner' s telephone number (~-/
Agent ' s name:
Agent's mailing address:
Agent' s telephone number:
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 signatur_~Z~j/~,/,b d- C-~ Agent's signature:
.... F_.e_e..s paid: $ ~,p p _.__.D_at_e._.p...a.!d! ....///,/L.q__~·' .................
.. _!!._,_,:..~,.,.!!~ :d t-'_ :.i.-_:.~_:'_~..~-,~.-.%~. f~... .......................!.x_!.,.!-.,!:!.~, i,,,, ,,.,,,.~,:_. .....
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Parlt
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1', Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria arid Harris Counties in'the REPORTER N,)ZWS, a newspaper of general
circulation in Drazoria and Harris Counties, [or issues, as follows:
No, / Date 27' ',.pOd
No. Date
No, Date
No. Date
No. Date
19
19
19_
Subscribe and worn to before me this
19 ~Q
" Edit
U or
day f ~ '/
c o .h
LIC HEARING ,OF THE CrfY
COUNCIL AND.THE pLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND, TEXAS
:~Oti.ce. IS~hereby gi~e'.~ ihat o~
~:ihe,:~h day ~f May, 19~'/i at
8'~3{:) .i).m., ~ city co;mcii
~!iilel,"' dx~S, will con'.' '
.,~..Jlij,i.;.~ubli;. ,He.edn.g ...in
TealJIlt:an amendment
= il.:~'Use and Urb~
~ .... .
f
'lidfiB Development
I~ ~ IN:lustrial District (M[.
~) e~ YaP tolloWing ~les~dl:ee.'
f property, to wit: "
, :,
1
; ~)wn~r: Louis"~.. Cofte .
· :. Agent: None :
' Legal Description: Lot B of the
:Westgate Park Stabdivision',
recorded in Volume 16,
'320;and
::Records !of, Bmzorie
I Pubfi N tice"l
AddreSSE :26~; ;' t~'~
Agent: N~ ' .. .,
Legal ~fipti0n: Lot H,~;
WHtg "" ~'~k Subdivis
AddreS'~
D~.'.~:~
~,~:~;~; .~., .' ~. ,
At a~ '~=" .
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 notled hereby appended was published
in Brazoria and Harris Counties in thc REPORTER NEWS, a newspaper o~ general
circulation in Brazoria and Harris Courttics, ~or / issues, as ~ollows:
No. Date
No. Date
No. Date
19
19
No. Date
Editor
Subscribe and worn to before me this
19 ~:Z)d
2r,.// day of
Laura Ann Emmons, Publisher
NOTICE OF A J. OINT PUB..
UC HEARING OF THE' CITY
COUNCIl. AN!),.T.H.E.P...~'AN~,''~
· ,"NING AkD~'ZbNf' ~""~OM'-;
PEARLAND, TEXj~.j
· . :..~.~,~ .. , ,~::.~ '..
'and the Planning end Zoning.
Commission of the City of .
Pearland, Brazoria and Harris
Counties,. Te.xa,s, will conduct
a Joint Public Headng in the
Council Chambem~ City Hall;
3519 Liberty Dn,'ye, Pearland,
Texas, for an amendment to
the Land Use and "';"=~
Development "'
pmpe~, .~' .~'
~{~. j~i~,~ C0rte' '~ :~.
· Agent: None :'?""";'"
Legal Description: Lot
Westgate ~ark Subdi' '
Records of Brazoria County,
~ AIF' ication.No;126 .
' ~r: R0~nie/i! Idoeller. ' '
Ne,: N ne
LagIll DescriptiOn: Lot D,
Waitgate ,p)rk Subdivision,
Westgate~Pmrk!
Address': ~t~
Drive
At said
parties
3519 Liberty Drive · Pearland, Texas 77581-5416
(281) 485-2411 · Fax (281) 485-8764
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Notice is hereby given that on the 12th day of May, 1997, at 6:30 p.nt, the City Council ~_d ate Planning and Zoning
C~nmission of the City ofPearland, Brazoria and Harris Counties, Texas, will cond~ a Joint Public Hearing in the
Cou~il Chambers, City Ha!l, 3519 Liberty Drive, Pearland, Texas, for an amendment to the Land Use and Urban
Development Or~ of said City from Class'ffic~tion Suburban Development (SD) to Light Industrial District (M-
1 ) on the following desarib~ property, to wit:
Applioation No. 125
Owner: Louis A. Cone
Agent: None
L~gal~tion: LotBofti~WestgateParkSubdivision, recaded in Volume16, Pages 320 end
321 of the Plat Renxn~is of Brazoria County, Texas.
Address: 2642 WestFate Drive
Application No. 126
Owner: Ronnie P. Modler
Agent: None
Legal Description: Lo~ D, Westga~ Park Subdivision, Brazoria County, Texas,
Address: 2622 Wesgate Drive
Application No. 127
Owner: John A. & Ronnie P. Moeller
Agent: None
Legal Description: Lot H, Westgate Park Subdivision~ Brazoria County, Texas.
Address: 2550 Wesgate Drive
At said hearing aH interested parties shall have the right and opportunity to appear and be heard on the subject.
Pdntedon Recycled Paper