Ord. 509-377 12-13-99ORDINANCE NO. 509-377
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 LOCATION BEING 23.69 ACRES OF LAND, OUT OF A 43.3143
ACRE TRACT, F.B. DRAKE SURVEY, A-1181, HARRIS COUNTY, TEXAS
(APPLICATION NO. 831) (2900 FELLOWS ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT
THE REQUEST OF TURBO CARE, 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, Turbo Care, Owner, filed on September 23, 1999, 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 applications for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 25th of October, 1999, 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 2ndday of November, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Turbo Care, Owner, whereby the Commission recommended and
approved a change of classification for the property described in Exhibit 'W' from its existing
classification of Suburban Development (SD) to Light Industrial District (M-l); 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 November 22, 1999, 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 Turbo Care, Owner, presented which, in the judgment ofthe 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) to is hereby
for all purposes changed and reclassified as Light Industrial District (M-l); such property being
more particularly described as:
Being 23.69 acres of land, out of a 43.3143 acre tract, F.B. Drake Survey, A-1181,
Harris County, Texas (2900 Fellows Road)
I1.
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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. $09-377
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of
November , 1999.
ATTEST:
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this l~h day
of December ,1999.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
November 2, 1999
Honorable Mayor and Counc'fl Members
City Hall
Pearland, Texas 77581
Re~
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 831
Request of Turbo Care, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD) to Light Industrial District (M-l) on the following described property, to wit:
Being 23.69 acres of land, out of a 43.3143 acre tract, F.B. Drake Survey, A-1181, Harris
Co., TX (2900 Fellows Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 1, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd Ioeeo to
recommend approval of Zone Change Application No. 831.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
x Change in Zoning Classification from
Change in Regulation in Section #:
~ Specific Use for: *
Property address: 2900 l*ellovs Road
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
SD to:
(~elt'vay 8 naar 288)
Subdivision:
Tax I.D. number: 047001 000 0038
Proposed use of land within requested designation:
Provides engineered parts and
services for compressors, turbines and pumps.
Record owner's name: TurboC. are
Owner's mailing address: 5710 Ransom Street, Houston, Is,~,,~,~ 77087
Owner's telephone number: (713) 336-1300
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 Ordinance of the City of Pearland. *On
a Specific Use Permit request to allow a residential use in a business zone (OP, NS, OB), I
acknowledge that such use may be incompatible with current and future used on properties in my
vicinity.
Owner's signatur~
Fee paid: $ ( ]
Received by:
Agent's signature:
Date paid: (~
Il
~EZ.YW^~ 8
SD SUBURBAN DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
~ ~-G. TUMIIJ~ 9~-8171 I OF '1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for f issues, as follows:
NO. I Date ~('~/, .~ 19~::~
No. Date 19
No. Date 19 __
No. Date 19
No. Date lg __
· (/President
Subscribe and sworn to before me this
day of
~~.~-o~ ~~lisher
Notary u ~' ~exas
,AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
~2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. I
- No. -
:No.
'NO.
No~ '
Date 06,~h~' ,/~
Date
Date ~ '~ '~ :~ '
Date: ,-~
Date
19__.~
19__
Subscribe and sworn to before me this
)resident
day of ~
Notary Public, State of Texas