Ord. 509-385 12-13-99ORDINANCE NO. 509-385
AN ORDINANCE OF THE CITY COUNCIL 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 LOCATION BEING 6.7387 ACRES, A PORTION OF LOTS 13-16
OF THE DOOLEY PARTITION, OUT OF THE JAMES HAMILTON SURVEY, A-
881, AS RECORDED IN HARRIS COUNTY, TEXAS (APPLICATION NO, 841)
(BELTWAY 8 FEEDER ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF ED R. WEATHERALL, AGENT FOR REC-TIME, 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, Ed R. Weatherall, agent for Rec-Time Inc., Owner, filed on September 17,
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 8t~ of November, 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 16t~ day 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, Ed R. Weatherall, agent for Rec-Time Inc., 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 District (SD) to
Commercial District (C); 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 December 13, 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 Ed R. Weatherall, agent for Rec-Time Inc., Owner, 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) to is hereby
for all purposes changed and reclassified as Commercial District (C); such property being
more particularly described as:
Being 6.7387 acres, a portion of Lots 13-16 of the Dooley Partition, out of the James
Hamilton Survey, A-881, as recorded in Harris County, Texas (Beltway 8 feeder road)
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 Peartand 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. 509-385
PASSED, APPROVED, and ADOPTED on First Reading this 13t;h day of
1999.
ATTEST:
TOM~R'~ID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day
of December ,1999.
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
November 16, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re;
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 841
Request of Ed R. Weatherall, agent for Rec-Time, Inc., owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from Suburban Development
District (SD) to Commercial District (C) on the following described property, to wit:
Being 6.7387 acres, a portion of Lots 13-16 of the Dooley Partition, out of the James
Hamilton survey, A-881, as recorded in Harris Co., TX (Beitway 8 feeder road)
Honorable Mayor and Council Members:
At a regular meeting held on November 15, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Todd Ioceo
to recommend approval of Zone Change Application No. 841.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Ma~ Starr, Chairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 315196
__ Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for:"
'~'-~'~ to: ~-~
Property address: ~'/~/'~ ~ "~'~"~'~ ,~d
I
Lot: Block: J Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
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: ~'/~ ~'~'~-~"~c/'~'~¢?'~:2~' ~'" //~//'~--~/~~
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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 Peariand. *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.
Ow'ner's
Fees paid:
Received by:
Agent's signature:
B ELTWA"f' 8
C
SUBURBAN DISTRICT
COMMERCIAL DISTRICT
ZONE CI'L4N~E
FROM
8DTOC
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. / Date //~ - ~:) 19 ~'
No. Date 19 .__
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
DIISner
N ota ry pu ~t e~'~S~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. / 'Date /0 -,,z9 19 __
No.. Date 19
No. Date 19 __
No. Date 19
No. Date 19
OPresident
Subscribe and sworn to before me this
19 ~