Ord. 509-435 03-27-00 Failed FAILED 3/27/00
ORDINANCE NO. 509-435
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 THE SOUTH % OF LOT 7, ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION, SECTION 19, H.T. & B.R.R. CO.
SURVEY, A-243, BRAZORIA COUNTY, TEXAS ACCORDING TO TH E MAP OF
RECORD IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 847) (1027 CULLEN BOULEVARD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF M.R. ALFORD, 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, M.R. Alford, Owner, filed on October 6, 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 'W'; 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 8th day of February, 2000, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, M.R. Alford, Owner, whereby the Commission recommended and
approved a change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (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 March 27, 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 M.R. Alford, 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 Light Industrial District (M-l); such property being
more particularly described as:
The South ~ of Lot 7, Allison Richey Gulf Coast Home Co. Subdivision, Section 19,
H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas, according to the map of
record in Volume 2, page 23, plat records of Brazoria County, Texas (1027 Cullen
Boulevard)
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.
II1.
The City Council of the City of Pearland finds and determines that the amendment
2
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. 509-435
PASSED, APPROVED, and ADOPTED on First Reading this day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this __ day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
February 8, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 847
Request of, M. R. Alford, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Light
Industrial District (M-l) on the following described property, to wit:
The South ½ of Lot 7, Allison Richey Gulf Coast Home Co. Subdivision, Section 19, H. T. &
B. 1LIL Co. survey, A-243, Brazorla Co., TX, according to the map of record in VoL 2, pg 25,
plat records of Brazoria Co., TX (1027 Cullen Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on February 7, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Emil
Beltz to recommend approval of Zone Change Application No. 847.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
ZONE CItANGE APPLICATION
revised 315196
. Change in Zoning Classification from:
,,, Change in Regulations in Section #:
__ Specific Uae for:. *
Lot: BIo~: / Su~ivision:
Metes & Bounds Oes~ption:
(~P~="~T=x,.D..~=~.r:Pro~"~ o.~:7¢_
~mpo~d u*o ol land ~thin
~ners telephone number: ~/ -
Agent's name;
Agent's mailing address:
Agent's lelephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the taws of the State o1' Texas and Ordinances of the City of Peadand. 'On a Specific Use
Pen'nit request to allow a residential use ina business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with Cuffent and I=utur%us. es on properties in my vicinity~
Own.rs signature: ~ /7 :~ ~_^gentss,gnatu,e~
Fees paid· $ ~~ ' '"~ Dar .~ /c~
·~_-,.4:. ~ epa,°:
Received bY: ~~~ ~ , ~ ff ~.~ Application nunlber:
~' ~ ,
ZONE SD
51 7 ~~ -
ZONE SD
,' ZONE SD
Cl'Ff uMIT LINE~
~.~----~ ; o HUGHES RANCH RD. --
~ ~ ~ To~8
ZONE C~GE
~OM
8D TO M-1
SD SUBURBAN DISTRICT ~ ~47 ~
AFFIDAVIT OF 'PUBLICATION
The Pearland Reporter News
'2404 South Park
Pearland, Texas 77581
rate 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:
No.. ' Date 1
Dat~
President
]bscribe and sworn to before me this /// ' day of
/s/Young Lo~l~g ':
C~Secmta~Y