Ord. 509-062 05-08-95ORDINANCE NO. 509-62
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 HALIK ROAD FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO
LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF ROBERT I.
ELLIS, JR. , 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, Robert I. Ellis, Jr., owner, filed on February 17, 1995,
an application for amendment pursuant to Section 28 of Ordinance No.
509, the Land Use and Urban Development Ordi. nance 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 10th day of April, 1995, 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 llth day of April, 1995, the Planning and Zoning
Commission of the City submitted its report and recommendation to the
City Council regarding the proposed amendment application of Jason
Metoyer, agent, whereby the Commission recommended and approved a
change of classification for the property described in Exhibit "A" from
its existing classification of Commercial District (C) to Light
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Industrial District (M-l); and
WHEREAS, upon. receipt of the reportsfrom 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 24, 1995; 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 Robert I.
Ellis, Jr., 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
Commercial District (C) is hereby for all purposes changed and
reclassified Light Industrial District (M-l):
Lots 1-9, 43A, Abstract 542 of the H.T. & B. Survey (3800-
3900 Halik Road)
II.
The CityCouncil 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.
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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 ~alidity 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. 509-62
PASSED, APPROVED, and ADOPTED on First Reading this
DAVI
MAYOR PRO TEM
ATTEST:
INTERIM CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of ~~ , 1995.
DAV
MAYOR PRO TEM
ATTEST:
iNTERIM CITY SECRETARY
APP[VED AS TO FORM:
~ MOTES
CITY/&TTOI'a~EY
~/~AKGK REOU3~IEJ~/_
~ Change in Zoning Classification
From: Commercial District- (C)
ZON]LNG ClI&NG~ A]?PLICATION
EXHIB:[T"A"
For:
To : Light Industrial - (M-l)
O Change in Regulations in
Section
· CITY of PEARLAND
Ci"1 v ._ ,-t... I AHY'S ,"bFFICI~
,~.~'C, '-
~PaP~RTY IDENTIFICATION:
Street or Road.Address:
Lots 1 - 9 43 A Abst. 542 H T & B Survey
Lot .... , Block , Addition
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LEGAT. DE~I[L~ON:..
Unplatted Land: (Must have survey & metes and bounds description),..
See 'a~tached survey and maps .....
3800-3900 Halik Road
See attached for legals
Tax
~B0~PSzD US~ OF/~KND WITRZN R~OOE~TED D~TG~ATION:
See attached list of ~isting tenants.
future tenants would be commercial or light industrial businesses.
~CORD OWNER:
Robert I. Ellis Jr.
O~t{ER'S MAIt,ING ADDRES~ & PHONE- NO.:3925 Halik Rd., Pearland,Tx. 77581
Ph.485-6948 Fax 485-4257
~GF, NT'.S NAMF.:
AGENT ' S MAILING ADDRESS ~ .
PETJTION:.
As QWNER/AGKN=~ 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:
S I GNATURE:
DATE PAID:
DATE F'XLF-D: ,2" / '7-~5""'
SIGNATURE:
kr..VXSgO PEBRU,k. RY iT, 1993
EXHIBIT "A"
HWY. 35
200'
.,~
200'
AFFIDAVIT OF PUBLICATION
EXHIBIT "B"
REPORTER NEWS
P.O. Box 954
Fri'endswod, Texas 77546
State of Texas
County of Galveston
I, Linda Knight, hereby certify that the notice hereby appended was published in Galveston County in
RE ORTER NEWS, a newspaper for
the/~ issues, as follows:. general circulation in Galveston County and Brazoria County, for
!
e., 19
No.
19
Subscribed and sworn to before me this
19 ~5"' .
#
ClassifY'
day of ~
Laura Ann Emmons