Ord. 509-326 09-13-99 TabledTabled 09/13~99
ORDINANCE NO. 509-326
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 A 5.00 ACRE TRACT, THE NORTH ~ OF LOT
13, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SEClTON 7,
H.T. & B.R.R. CO. SURVEY, A-219, ACCORDING TO TE DEED RECORDS OF
BRAZORIA COUTNY, TEXAS (APPLICATION NO. 746) (13434 SUBURBAN
GARDEN RD.) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST
OF THE STEPHEN E. EDWARDS & STEPHANIE EDWARDS, OWNERS,
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, Stephen E. Edwards & Stephanie Edwards, Owners, filed on February 11,
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 9th day of August, 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 24th day of August, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Stephen E. Edwards & Stephanie Edwards, Owners, 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 Heavy
Industrial District (M-2); 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 September 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 Stephen E. Edwards & Stephanie Edwards, Owners, 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 Suburban Development (SD) to is hereby for all
purposes changed and reclassified as Heavy Industrial District (M-2); such property being
more particuarly described as:
Being a 5.00 acre Tract, the North % of Lot 13, Allison Richey Gulf Coast Home Co.
Subdivision, Section 7, H.T. & B.R.R. Co. Survey, A-219, according to the deed records
of Brazoria County, Texas (13424 Suburban Garden 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.
I11.
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. 509-326
PASSED, APPROVED, and ADOPTED on First Reading this
., 1999
day of
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
24 August 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Applications No. 745 & 746
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, August 23, 1999. The owners requested an amendment to the
Land Use and Urban Development Ordinance of said City fi-om Classification Suburban Development
(SD) to Heavy Industrial District (M-2) on the following properties, to wit:
Application No. 745
Owner:
Randall Craig Edwards & Carol Boyd
1830 Tompkins
Grand Prairie, TX 75051
Legal:
Being 2.5 acres out of Lot 13, Allison Richey Gulf'Coast Home
Co. Subdivision, sect. 7, HT& B RR Co. Survey, A-219, according
To the deed records of Brazoria Co., TX (13603 Suburban Garden Rd.
Application No. 746
Owner:
Legal:
Stephen E. Edwards & Stephanie Edwards
13525 Garden Road
Pearland, TX 77581
Being a 5.00 ac. Tract, the N 1/2 of Lot 13, Allison Richey Gulf
Coast Home Co. subdivision, sect. 7, HT& B R Co. Survey, A-219,
according to the deed records of Brazoria Co., TX (13424 Suburban
Garden Road)
The motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to
approve the applications listed above.
The motion to approve passed with a vote of 5 to 0.
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
to: /~ -~2.
Property address: /,_,R~,ff'
Lot: /3 Block:
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:
Agem'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 Ordinances of the City of Pearland. *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.
Owner ' s signature :o~--~-~9~
Fees paid:
I Received by:
Agent's signature:
Date paid:
?__9
3O
11
12
24
25
26
SHARON DR.
32
ZONE SD
ZONE SD
15 28
ZONE SD
SD SUBURBAN DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
HICKORY SLOUGH
16 29
6ir. tHEN · ~I~PH~NIE EDWARD8
ZONE CHANeE
8D TO M-~
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter N, ew$
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, 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. /l. Date '~-- 2.~/ 19 ~'
No. Date 19 .__
No. Date 19
No. Date 19 __
No. Date 19 __
Subscribe and sworn to before me this
19 ~
'L'L~ dayof
!
Notary Public, State of Texas
, Texas; will condu~t
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter N, eWs
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
No. Date
No. Date
No. Date
No. Date
19 ~"
19
19
19
19__
President
Subscribe and sworn to before me this
19 ~d