Ord. 509-393 01-24-00ORDINANCE NO. 509-393
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 AND GRANTING A SPECIFIC USE PERMIT FOR A
CABINET/FURNITURE/ARCHITECTURAL MILLWORK SHOP ON THE
FOLLOWING PROPERTY, TO -WIT BEING TRACT 1-1 ACRE OUT OF LOT 8;
TRACT 11-1.36 ACRES OUT OF LOT 8; TRACT 111-1.0001 ACRE TRACT OUT
OF LOT 9, ALL OUT OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4,
SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509, BRAZORIA COUNTY,
TEXAS APPLICATION NO. 848 & SPECIFIC USE NO. 74) (5713
COTTONWOOD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO GENERAL BUSINESS - SPECIFIC USE (GB-S) AT THE
REQUEST OF FOLLETT VENEERS, 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, Follett Veneers, Inc., Owner, filed on October 8, 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 22nd 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 7th day of December, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Follett Veneers, Inc., Owner, whereby the Commission
1
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development District (SD) to General Business -
Specific Use (GB-S); 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 10, 2000, 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 Follett Veneers, 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:
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 General Business - Specific Use Permit (GB-S);
such property being more particularly described as:
Tract I- 1 acre out of Lot 8; Tract 11 - 1/36 acres out of Lot 8; Tract III - 1.0001 acre tract
out of Lot 9, all out of the Northeast 1/4 of the Southwest 1/4, Section 14, H.T. & B.R.R.
Co. Survey, A-509, Brazoria County, Texas (5713 Cottonwood)
l 1.
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
2
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.
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ORDINANCE NO. 509-393
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
January , 2000.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of January ,2000.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
December 7, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 848 and SPECIFIC USE NO. 74
Request of Follett Veneers, Inc., owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to General
Business — Specific Use (GB-S) on the following described property, to wit:
Tract I- 1 acre out of Lot 8; Tract II-1.36 acres out of Lot 8; Tract III- 1.0001 acre tract out
of Lot 9, all out of the NE 1/4 of the SW 1/4, Section 14, H. T. & B. RR Co. survey, A-509,
Brazoria Co., TX (5713 Cottonwood)
Honorable Mayor and Council Members:
At a regular meeting held on December 6, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Vice -Chairman Tommy Scott
to recommend approval of Zone Change Application No. 848 and Specific Use No. 74.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
atAikAryd,
Mary Starr, Chairman
Planning & Zoning Commission
Change in Zoning Classification from:
Change in Regulations in Section IL
Specific Use for: * CAB/A/ET/rugki T1.tMilt k-1+P
Property address: C 7/ 3
Lot: 0 Block:
Metes d: Bounds Description:
(unplatted property only; attach survey) -g A-41/214A at
Tax I.D. number:
5o11 359 C 1(p
Proposed use of land within requested designation:
Subdivision: II j ft Lo L4rvf-1
t%IET / �ulZl�lt -ttr�
Avd,�«A,,, i-L Hlu.vvvyk � ,p
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
seq
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 Peat -land. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
maybe incompatible with current and future uses on properties in my vicinity.
Owner' signature:
fees paid: $ 52)Li Z%
Received by•
Agent's signature:
Date paid:
Application number
24
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SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
GENERAL BUSINESS DISTRICT
SPECIFIC USE PERMIT
City of Peartand, Texas
FOLLETT VENEERS. WIC.
ZONE CHANGE
8D TTO GB (8)
A . 9.4548 h SU74 saes
Deg OCT., 1999
a^ F•J.E9. W 111
and M G. 11J14IL1N503 99-6185
VOW( rr-
SHEET
1
OF 1
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: 1-10-2000 ITEM NO. % 1(
DATE SUBMITTED:
II-3O 99 DEPARTMENT OF ORIGIN : Permits
PREPARED BY: M. Phipps PRESENTOR: G. Tumlinson
SUBJECT:
Zone Change Application No. 848 with Specific Use No. 74
EXHIBITS:
ordinance, map, application
EXPENDITURE REQUIRED
AMOUNT BUDGETED
ACCOUNT NO.
ADDITIONAL APPROPRIATION REQUIRED
ACCOUNT NO.
FUNDS AVAILABLE (Finance Department Approval)
EXECUTIVE SUMMARY c (c-&)
Request zone change from Suburban Development (SD) to ami y - ).
RECOMMENDED ACTION
approve
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
tate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rculation in Brazoria and Harris Counties, for / issues, as follows:
`Date
Date
'Date
ibscribe and sworn. to before me this
t 1 1
resident
r,1osc�'r�k3li�iher
cxp.red 9-3-02
Votary Public, a e • - - s
NOTICE OF A- JOINT
• PUBLIC HEARING OF THE
CITY COUNCIL AND THE.',
PLANNING AND ZONING
COMMISSION OF THE CITY ,
OF PEARLAND, TEXAS - I
.Notice is hereby,given.that.on
the 22nd day of November,
1999, at 6:30 p.m.,'the City
. Council and the Planning and
Zoning commission of the City.
of Pearland,; Brazoria, Harris
and Fort Bend Counties,
,Texas, will conduct a Joint
Public Hearing in the Council
1, Chambers, City hall, 3519
1 Liberty Drive, Pearland,
Texas; on the request of::
Follett Veneers; =Inci owner;
.of an amendment`to.the
"Land ,
I 'Use and Urban Development
;,Ordinance of said City from?
1 Classification Suburban
Development District (SD) to
General Business District..
Specific Use (GB-S) for a cab-
inet shop on the following
described property,to wit:
Tract I-1"acre out of Lot 8;
Tract II-1.36 acres out of Lot
8; Tract III-1.0001 acre tract
out of Lot 9, All out 'of the NE
1/4 of the SW 1/4, Sect 14,
H.T. and B.R.R. Co. survey,
A-509, Brazoria Co., Tx (5713
Cottonwood).
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
J
/s/Young Lorfing
:City Secretary
APPLICATION- NO. 848.'
' SPECIFIC USE PERMIT;
APPLICATION NO. 74