Ord. 509-368 11-08-99 FailedORDINANCE NO.509-366
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 2.50 ACRES OUT OF THE EAST'/ OF LOT
44, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R.
CO. SURVEY, A-292, SECTION 29, RECORDED IN VOLUME 2, PAGE 101,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 794)
(CR 128) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF
STEVEN E. ESTEP, 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, Steven E. Estep, Owner, filed on April 28, 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 11th 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 19th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Steven E. Estep, 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 Heavy Industrial District
1
(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 November 8, 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 Steven E. Estep, Owner, 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:
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 Heavy Industrial District (M-2); such property
being more particularly described as:
Being 2.50 acres out of the East'/2 of Lot 44, Allison Richey Gulf Coast Home Co.
Subdivision, H.T. & B.R.R. Co. Survey, A-292, Section 29, recorded in volume 2, page
101, plat records of Brazoria County, Texas (CR 128)
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.
2
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.
3
ORDINANCE NO. 509-366
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 1999.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 794
Request of Steven E. Estep, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD) to Heavy Industrial (M-2) on the following described property, to wit:
Being 2.50 acres out of the E %2 of Lot 44, Allison Richey Gulf Coast Home Co. subdivision,
H.T.&B RR. Co. survey A-292, sect. 29, recorded in Vol. 2, pg. 101, plat records of
Brazoria Co., TX (CR 128)
Honorable Mayor and Council Members:
At a regular meeting held on October 18, 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 Emil Beltz
to recommend approval of Zone Change Application No. 794.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
ct. TA'
Mary Starr, Chairman
Planning & Zoning Commission
OF FE4kLH i!
i : ! ia-4Iti1/4.-d-ri(44 Hr K L•? _ -
CITY OF PFARL.ANU
ZONE CHANGE APPL tCATiON
revised 3/S/96
Change in Zoning Classification from• 4 Sb to: iYl 2-
Change in Regulations iii Section lt.
__
Specific Use for: '
e-
_
e. C- C. i A -
_
in
Property address: r //a Ctete. Mt (._. ie. l� O
Lot: Block. I Subdiv:sign:
Metes & Bounds Description
(unplatted property only; attach survey)
- - i
Tax 1.D. number:
lj Proposed use of land within requested designation:
Record owners name $ -le, v G A E, f 3 f. f
%wner's mailing address. Y.. -f-, 3 a a y 7 eo f I U I h 1 %1 S75
I Owner's telephone number p� - r
8 13 2 2 -assq
Agent's name:
Agents mailing address:
Agents telephone number.
�r
t
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
Per n!t request to allow a residential use in a business zone (OP, NS, GB). I acknowledge that such use
may be incompatible with • went and future uses on properties in my vicinity
1
Owner's signature. Agent's signature:
Fees paid: 3 ✓ Oate paid: +-aFj
IL Received by.
Application number:
ETJ UNE
100' WIDE
CITY UMIf UNE
36
C.R. 128
5
SD SUBURBAN DISTRICT
M-2 LIGHT INDUSTRIAL DISTRICT
6
ETJ LINE
100' WIDE
CITY UMIT UNE
7
City of Peariand, Texas
BTEVEN E toiEP
ZONE CHANGE
FROM
SD TO M-2
An. 1w494
9dv AUG., 1999
a... U:J.EB.
Chid W' D. SMHH
wa:1--700'
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CAD PLR
99— 14J
SWEET
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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. 1 Date / '-2,4 19 1
No Date 19
No. Date 19
No Date 19
No. Date 19
Subscribe and sworn to before me this
19 qi
Notary Public, State of Texas
PU5
ClT.
PLA
Notice is eby given that on
the 1-It day of October
1999, a 30 p;m iht City
council dtbe,Plpnning and
Zoning L,mmissionof the
-CCity ono r f :: A
Harris tk
conduct . .i1'[ lc
Hearing i the
chambers ity ls11, is,
L''Irty yy,` Pearland,
e request at
'� eve d owner, for
Steven E, ep
` an amen ant to the Land'
Use and 1 n _pevelPPment
Ott{mano ?ot SW Cdy from
Ctassffl tone Suburban
Develop• t,$D) to Heavy
IndtSfft$ non QM2)onthe,
t @attW propp 'r
10.w,
Being 2 gt the E 1/2
of Lot )IRichey Gulf
Coast aGo subdivision,
HT& B ' Co survey $9
sect. 29,3ecorded•ht'ftC i
p9 1010401191 plat rb91
Brazonaco.,TXIC 9 ,}
At said he@ring all inte
parties sh I have t _'
andeppor t01
be heard esutl���
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
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
No.
No.
No.
No.
Subscribe and sworn to before me this
19 QQ
a Ann Emmons, Publisher
Notary Public, State of Texas
PUBLIC HEARING OF THE
CITY COUNCIL=AHC THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, YENTAS
Notice is hereby given thaton
the,11th day of Octo-ber,
1999, at 6:30 p.m., th&City-
Council and.the Planning and
Zoning Commission if the
City of Peadand, Brazoti and'
Harris Courtreapact Will
conduct a Joint6 Pubic,:
Hearing in the Cou`ncir
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Stagpn E. Estep, owner, for
an amendment to the Land
Use and Urban Development
Thence of said City .Irom
Reification. Suburban
Development (SD) to Heavy
Tr ele:0r(aI District (M-2) on the
.__
bad property,
Ricieisim
saet A- 92, share
{ seCt 291 rrecorded in Vol. 2,
Pg } 100 trecerdi of
I Brazooa M(C.R.128)
AtI$1
Parties;
ands
coding
CitYSecretaly
CITY OF PERRLANt7 ID:713-495-8764
SEP "1'9g 8:47 No.002 P.02
CITY OF rEARLAND
ZONE CUTANCE APPLICATION
revised 3 5/96
X to: GB
Change in Zoning Classification from: SD ...
Chango in Regulations in Section #:
Specific Use for: •
Property address: 2401 Smith Ranch Road Pearland. TX f /58i
I ot: Part of 3Btock: 85
Metes & Bounds description:
(uroplatted prapeety -onty; attach survey)
Tax 1.D. number 0304 /0037 / 110
Aka. 304
Subdivision: H,7.&B. R.R. Survey
Proposed use of land within requested designation: Continuation of existing Diamond
Ice Go., Inc. Engaged'in the manufacture and distribution of packag
ice.
Record owners name: John H. Gehring
Owner's mailing address: 2..52h Wnstmi ni ster Pearland Texas 77581
Owner's telephone number, 2 81- 4 8 5- 4 417
Agent's name: n / a
Agent's mailing address.
n
Agent's telephone number: n / a
PETITION: As ownerlagent, 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 Pentland. 'On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), l acknowledge that such Use
may be incemr Atibte with current and future uses on properties In my vicinity.
Owner's signature
n/a
F®es paid: $ no charge " Date wick: 9-10-98
Received by, s Application nmm2Cr:
NOTICE -OF- -A JOINT __
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 11 th day of October,
1999, at 6:30 PM p.m., the
City Council and the Planning
and Zoning Commission of
the City of Pearland, Brazoria
and Harris Counties, Texas, •
will conduct a Joint Public
Hearing in the Council`
Chambers, City Hall, 3519 '�
Liberty Drive, Pearland,
Texas, on the.request of.John
---H...Gehring, owner, for an
amendment to` IR-M d Use
and Urban Developm'ent
Ordinance ofsaid•City from
Classification Suburban
Development District (SD) to
?.Light Industrial District (M-1)
on the following described
property, to wit:
Being a 1.1671 acre tract out
of Lot 3, Allison Richey Gulf
Coast Home Co. subdivision,
Section 85, H. T. & B. R.R.
Co. survey, A-304, recorded
in Vol. 2, pg 107, plat records
of Brazoria Co., TX (2401
Smith Ranch Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
City Secretary
' APPLICATION NO. 833
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 833
Request of John H. Gehring, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD) to General Business (GB) on the following described property, to wit:
Being 1.1671 acre tract out of Lot 3, Allison Richey Gulf Home Co. subdivision, Section 85,
H.T.& B. R.R. Co. survey, A-304, recorded in Vol. 2, pg 107, plat records of Brazoria Co.,
TX (2401 Smith Ranch Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 18, 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 Vice Chairman Tommy Scott
to recommend approval of Zone Change Application No. 833.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Steam Miw
Mary Starr, Chairman
Planning & Zoning Commission