Ord. 509-066 02-12-96ORDINABCg NO. 509-66
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
ON LOT 40 ZYCHLINSKI SUBDIVISION IN SECTION NO.3, H.T. & B.
HAILROAD COMPANY SURVEY, ABSTRACT 232, BRAZORIA COUNTY,
TEXAS, FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-l)
TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF HAROLD
LOTT, AGENT FOR PEARLAND REALTY HOLDING, INC., 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, Harold Lott, agent for Pearland Realty Holdings, Inc.,
owner, filed on November 21, 1995, 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 ~ttached hereto,
and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the eighth day of January, 1996, 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 tenth day of January, 1996, the Planning and
Zoning Commission of the City submitted its report and recommendation
to the City Council regarding the proposed amendment application of
Harold Lott, agent, whereby the Commission recommended and approved a
change of classification for the property described in Exhibit "A" from
its existing classification of Light Industrial District (M-l) to Heavy
Industrial District (M-2); 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 January 22, 1996;_ 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 Harold Lott,
agent, 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:
The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as
Light Industrial District (M-l) is hereby for all purposes changed and
reclassified Heavy Industrial District (M-2):
Lot 40 Zychlinski Subdivision in Section No. 3, H.T. & B.
Railroad Company Survey, Abstract 232, Brazoria County,
Texas, as per the map or plat thereof recorded in Volume 29,
Page 43 of the Deed Records of Brazoria County, Texas, being
described in Quitclaim Deed, dated October 7, 1994, but to be
effective October 11, 1994, from the Estate of Leslie
Einstein Forbes, Joann Rosenberger Lang, and Gerrie
Rosenberger Soman, to Pearland Realty Holdings, Inc., and
filed for record on October 12, 1994, in the Official Record
of Brazoria County as Instrument #94-037254, and being the
same property described in Warranty Deed from Frances S.
Einstein, Trustee, and Leo J. Rosenberger, Trustee, to Leslie
Einstein Forbes, Joann Rosenberger Lang, and Gerrie
Rosenberger Soman, and recorded on May 19, 1980, at Volume
1512, Page 423, of the Deed Records of Brazoria County,
Texas.
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II.
The City Council of the City of Pearland finds and determines that
J
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
and to the City Council for consideration and
Zoning Commission
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
3
the reclassification of the
with the approval herein granted for
hereinaboVe 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
day
TOM REID
MAYOR
Of ~ ~, 1996.
ATTEST:
CITY SECRETARY
~d ADOPTED on Second and Final Reading this
PASSED, APPROVED,
MAYOR
ATTEST:
C. BENITE
CITY SECRETARY
APP_~.;~ AS TO~~RM:
: "' ::!7'. ZONE CHANG'E APPLICATION
"~hange in Zoning Classification from: '////- / to:
Change in Regulations in Section #:
... Specific Use for:
Property address:
Lot: tfO Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Proposed use of land within requested designation:
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.
Owner's signature: l ~ '~s'?"~~' '
Fees paid: $o.,~5~','. cO
D,te paid: ~/- ~ t - c~ ~
EXHIBIT "A"
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ZONE U-I
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ZONE:
SHANKS ROAD
EXHIBIT "A"
Lot 40 Zych.linalti Subdivision in Section No. 3, H.T. A B. Railroad Company Survey,
Abstract 232, Br'uoria County, Texu, u per the map or plat thereof recorded in Volume :29,
Page 43 of the Deed Records of Brazoria County, Texas, being described In Quitclaim IJe~d,
dared October '7, 1994, but to be effective October 11, 1994. from The Estate of l.~li~
Einstein Forbes, .Toann Rosenberger Lang, and Getfie Rosenberger Soma.n, to Purland R~alt;'
Holdings, Inc., and Friend for record on October 12, 1994, in the Official Record of Brazoril
County as Instrument//94-03'/254, ~d being the same property descr;be, d in Warrant3· Deed
from Fra/tce, s 3. Einstein, Trustee, and Leo J. Rosenbcrger, Trustee, to Leslie Einstein Forbes,
Joann Rosenberger Lang, and GetTie Rosenl~rger Soman, and recorded on May 19, 1980, at
Volume 1512, Page 423, of the De~ Records of ]~ra2oria County, Texas.
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Ccmpu:~ ;=~d a..,'ea = 16.740 acres.
N-S exten.: of land = O. 140 mi.
E-W extent of l;'md = 0.208 mj.
~'.-~.C D_e-s:r.p~j.,ion: ~TD3L. M~W,1100F; N2DSlM= 6<0F. N'gTD295!.:
S'..,u 9D,.,,7~la.a6F. .
D 9 ..... .
,Sc. ije: 20:9. = I mile (1: 3168)
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581'
State of Texas
Brazorla and Harris CounUea
I', Joan Cummings, hereby certify that the notice hereby appended was published
In Brazoria and Harris CounUes in the REPORTER NEWS, a newspaper of general
circulation in Brazo~a and Harris Counties, for / Issues, as follows:
No. / Date /~ ' ~ 19 ~'.
No, Date 19 _
No, Date 19
No. Date 19 _____
No. Date 19 ..
Editor
Subscribe and wom to before me this
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C.L. S~ICK~
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, on this day personally
appeared GLORIA BOIKE, Business Mane&st for THE JOURNAL, s
newspaper hsvin& &enerel circulation in Brezoris County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in enid newspaper'
on the following date(s), to vii: .
, 19 _
Subscribed end sworn
19 Q5 . :
to this
d~C)'~ dey of i'~o'e..k-r~r'~A
(SEAL)
NOTARY PUBLIC
STATE OF TEXAS
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