Ord. 509-058 02-28-94ORDINANCE NO. 509-58
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
IN AIRPORT SITES SUBDIVISION FROM CLASSIFICATION LIGHT
INDUSTRIAL DISTRICT (M-l) TO GENERAL BUSINESS DISTRICT (GB)
AT THE REQUEST OF DANIEL GUILLEN, AGENT, 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, Daniel Guillen, agent, filed on December 15, 1994, 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 m~de a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 23rd day of January, 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 24th day of January, 1995, the Planning and Zoning
Commission of the City submitted its report and recommendation to the
City Council regarding the proposed amendment application of Daniel
Guillen, agent, whereby the Commission recommended and approved a
change of classification for the property described in Exhibit "A" from
1
its existing classification of Light Industrial District (M-i) to
General Business District GB); 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 February 13, 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 Daniel
Guillen, 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:
I.
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 General Business District (GB):
Lots 11-14 & 17-18, block 2, lots 1-8 & 11-18, block 3, lots
1-5, block 4, and lots 1 & 4, block 1 of Airport Sites
Subdivision
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
2
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
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approval on second and final reading-
PASSED, APPROVED and ADOPTED on First Reading this
day of
/3
1995.
C.V. I GER
'MAYOR ~ DAVID SMITH, MAYOR PR0 TEM
ATTEST:
PAT JONES~RMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
C.V. AVID
MAYOR PR0-TEM
SMITH
ATTEST:
-BAT JONES, TRMO OM~MIE jEAN VIAL
CITY S~t'R~ INTERIM CITY SECRETARY
CCUL OtG:
CITY ATtORNeY
4
C~NGF. RF. OUF. STF. D: -.
EXHIBIT "A"
ZONING CI-t2~NGE APPJ. ICATION
Change in Zoning Classification
I
s,:o,~: ,x~/7
Change in Regulations in
Section
pROPERTY IDENTIFICATION:
Street or Road.Address:
D Specific, Use
For: ', 7' i,i'u: f'= '. j!:~': ~
.~. :i ~. ..... '-.~ ~ :i ~ :,
' :!'!:: DiG 2 I )994 "
Lot , Block__, Addition/~l//dd~F 5/FFJ Tax I.D.I
LEGAL DESCRIPTION:~
Unplatted Land: (Must have survey & metes and bounds description)
~ //1-'//'/ ~ /?'IZ ZgZK2 )
pROPOSED USE OF LAND WITHIN REOUESTED
RECORD OWNER:
OWNER' R MAXrING ADDRESS & P~ONR NO.:
,~CENT'S SAILING XDDRESS: ~.O. ~o'x
PETITION:
As OWNER/AGENT. I hereby petit.ion 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
FEE:$ ,:23"(/9. oa DATE PAID:
DATn rZLED: I~/t~/q
S I GNATURE:
AGENT
/) - 2/- F~/ RECEIVED
APPLICATION NO. ~'/
REVISED FEBRU~M~Y 17, 1993
FIRST ST.
1 2 ,I 4 5 6 7 8
BLDCK 2
15 16 ~
SECOND
ST.' 3 \
. 9 ~ 10\ ~
19 20 21 k
THIRD
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
REPORTER NEWS
' P.O. Box 954
Friendswod, Texas 77546
State of Texas
County of Galveston
I, Linda Knight, hereby certify that the notice hereby appended was published in Galveston County in
No. / Date ~q, ~ 19
No. Date 19
No. Date 19
No. Date 19
No. Date 19
"' 'HEARING '~E CITY
ii,LSlONOF.THECITY OF
' UNCIL ANDTHEPLAN-
:" ~ NG AND ZONINGCOM-
.. RLAND;'TEXA$ '--'.. ~ !
";~ ~y':.~-;,,.',
hloUce is he.reby given that.
~n, ~e 24rd day'of January
1995~at 6:30 P.M,':ffie 'City i
;ouncil. andsthe Planning
and Zoning Commlsslo;t'of
!he~: City .~ of: Peerland,
Brazorla/:~'and~-n~Harris
Counties, 'TexaS;Wilr con-
~duct a Joint Public Hering
-~.'."in the 'Council Chambers,
~Clty Hail; 3519 Liberty Drive,
'P:~earland, TeXa'S, on' the
'8reqtjest of Daniel Guillen,
~,lagent, for ~n 'amendmenr t~
:'~the' Land USe and urban
~!Development Ordln'~n~a of
~ said CIty from Classification
~. Light . Industrial (M-l)'i
~ District to General BUsiness:
.t (GB)'DIstrict on ~e follol/
!'lwnitg: ~T~rlbed Prep~.r~Y.,.to'
'nd sworn to before me this
LOts 11-14 & 11-18, block 2~,
~' lots i-8 &' il;18, block 3; l
lot~ 1-5,' block '4, and lots 1
& '4, block 1 :i}f Airpor~ Sites
Subdivision (Area· of Fi~t~'.
Second &-Third Streets
, bounded by State Highway'
At laid hea'dng all intorest-'
ed parties shall have the
' rigbrand ~'PP~Ft~',ity't0"
appear and '~ h~a~ ~n the
Classified Dire~t~~
I"aUraT, nn'Emmons