Ord. 509-295 05-10-99 ORDINANCE NO. 509-295
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 BEING 2.4988 ACRES OUT OF LOT 13, ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY,
A-219, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 66'1) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF
WEIMAR CONSTRUCTION COMPANY, 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, Weimar Construction Company, owner, filed on December 14, 1998, 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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 5th day of April, 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 6th day of April, 1999, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Weimar Construction Company, 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 (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 April 12, 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 Weimar Construction Co., 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:
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) is hereby
for all purposes changed and reclassified as Heavy Industrial District (M-2); such property
being more particularly described as:
Being 2.4988 acres out of Lot 13, Allison Richey Gulf Coast Home Co., Section
7, H.T. & B.R.R. Co. Survey, A-219, Plat Records of Brazoria County, Texas
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 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. 509-295
PASSED, APPROVED, and ADOPTED on First Reading this
/~)pr"; / , 1999.
day of
TOM REID
MAYOR
ATTEST:
/
SEq~ETARY / /
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this//~)lW3day
TOM REID
MAYOR
ATTEST:
~Y SE~ETARY
APPROVED AS TO FORM:
DARRIN M COKER
CITY ATTORNEY
X Change in Zoning Classification from: S.D, to:
__ Change in Regulations in Section//:
__ Specific Use for: *
Property address: 13623 Garden Rd
Section 7 Allison-Richey Gulf Coast
Lot: 14 Block: Abstract 219 Subdivision:Home Company Subdivision
Metes & Bounds Description:
. (unplatted property only; attach survey)
Tax I.D. number: 464-92-8293
Proposed use of land within requested designation:
Construction Yard
Record owner's name: Weimer Construction Company
Owner's mailing address: P.O..Box 1228, Pearland, Texas 77581
Owner's telephone number: (281) 485-2222
Agent's name:
Agent's mailing address:
Agent's telephone number: ~r[,j ~
PETITION: As~--~j'/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 tbe 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.
Fees paid: $ ~_. ~ --
Agent's
SHARON DR.
ZONE SD
SD SUBURBAN DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
ZONE SD
ZONE SD
HIC~ORY SLOUGH
13
14
26
ZONE SD
15 28
16
ORDINANCE NO
509-295
6 April 1999
Mayor& City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 661
The above referenced zone change applications were reviewed by the Planning&Zoning Commission
at a regular meeting on Monday, April 5, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classifications Suburban Development
(SD)to Heavy Industrial District (M-2) on the following properties, to wit:
Application No. 661
Owner: Weimar Construction Co.
P.O. Box 1228
Pearland, TX 77581
Legal: Being 2.4988 ac. out of Lot 13, Allison Richey Gulf Coast
Home Co. subdivision, sect. 7, HT&B RR Co. Survey, A-219,
Plat Records of Brazoria Co., TX
The motion was made by Commissioner Jack Mathis and seconded by Commissioner Tommy Scott
to approve the applications listed above.
The motion to approve passed unanimously (6-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
Mary arr, Chairperson
Planning&Zoning Commission
City of Pearland
•
• 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 11
No. Date 19
No. Date 19
No. Date 19
No. • Date 19
(PC)6d11-
aP\rr\rerY).c
President
Subscribe and sworn to before me this t! day of
19 C1. 1
��ta R lisr her
coils
f;�, v~ ic, tate of Texas
G OTICE A OINT PU:
'i C HEARING'OF THE CITY—'
t' s UNCIL AND THE PLAN-
u NG AND ZONING COM-
IL IL OF THE CITY OF
,-r� RLAND,TEXAS
CY•ice'is hereby given that on i '
tfiitp 5th day of April, 1999, at
; t,e p.m., the City Council i
. .- the Planning and Zoning
''ommission of the City of
i'U ,.nand,Brazoria and Harris I
a nties, Micas,will conduct
i` ' oint Public Hearing in the
(rouncil Chambers, City Hall,
S. 19 Liberty Drive, Peadand,
116 as, on the request of
(.eimar Construction Co.,
o er, for an amendment to
tun'- Land Use and Urban p
1- elopment Ordinance of
,.said City from Classification
burban Development(SD)
t• Heavy Industrial District
-2)-on the following
•escribed property,to wit:
• 'mg 2.4988 ac. out of Lot
3,Allison Richey Gulf Coast
Home Co. subdivision, sect.
lHT&B RR Co.survey,A-2I ,, plat records of Brazoria
Co., TX (13623 Garden
' €d��ad)
I, :tisaid hearing all interested.
AI ies shall have the right '
:4d opportunity to appear and r
!'b'd heard on the subject.-
1 oung Lorfing ,
I City Secretary-
I ,4f
•
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 3 ' _2-(1 19 I I.
No. Date 19
No. Date 19
No. Date 19
No. Date 19
ay\Ginn_
(President
a 7 CA
Subscribe and sworn to before me this day of
19
y p
e '�°�,URA A OMON J
• I • bile,State of Texan
!,,,,, sion g
r .vmimars,-f ',k.her
Notary Public, State of Texas
a
ILEGALS LEGALS
•
XOTICE OF A JOINT PUB- ' 7 HT&B RR Co.survey,A-2
HEARING OF THE CITY il'z plat records of Brazoria
UNCIL AND THE PLAN- 'CO., TX (13623 Garden
f NG AND ZONING COM- I goad)
•
ISSION'OF THE CITY OF I ,
•
ARLAND,TEXAS t said hearing all interested
arties shall have the right
Ne ice is hereby given that on nd opportunity to appear and
the 5th day of April,'1999,at I`e heard.on the subject. '
6:30 p.m., the City Council
aril.the Planning and Zoning ng Lorfing
O mission of the City of ,Secretary ' . `
40
Pearland,Brazoria.and'Harris. ■ - --
counties, Texas, will conduct. itl . °' `e" '
_
la,Joint Public Hearing in the —
Council Chambers, City Hall, 1
3519 Liberty Drive, Pearland, ;
lifexas, on the-request of .-' -
I':,eimar Construction Co.;
., ner,for an amendment to _
' tt.a Land Use and Urban .
Ir-velopment Ordinance of
id City from Classification
& burban Development(SD)• ,
UHeavy.lndustrial District•
2) on the -following
;scribed property,to wit:
f Pmg 2.4988_ac. out of Lot
Allison Richey Gulf Coast
me Co. subdivision. sect
•
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 19 �I�
No. Date 19
No. Date 19
No. Date • 19
No. Date 19
President
Subscribe and sworn to before me this l( day of •
19 a4
,4„
4fi LAUR 111;•►. 1,
Ll irrErefitfoAtt,e PEA*.f er
Commission Expires 9-9-02
ry
al
d
t Publlc Notice ... ,
• —H ARI G OF THE`C -
' tr•UNCIL AND THE PLAN-
zii, NG AND ZONING COM- -______
MISSION OF THE CITY OF LEGALS
-•EARLAND,TEXAS
i
'Notice is hereby given that on :o., TX (13623 Garden
:the 22nd day of February, `'oad) ii
y"1999, at 6:30 p.m.,the City, ,said hearing all interested ! ,
Council and the Planning and{ saes shall have the right
Zoning Commission of the,\� 1'r i opportunityhalltohe appear and
:.`City of Pearland,Brazoria and 11
Harris Counties, Texas,will-I' 11'6 heard on the subject.
conduct a Joint Public 1 " iun Lorfin
Hearing in the Council 9_ g
4Chambers,City Hall, 3519 :ty Secretary
Liberty Drive, Pearland, 1
-'Texas, on the request of
g, eimer Construction Co.,
'wner, for an amendment to
:' a Land Use and Urban
`,-iDevelopment Ordinance of
kAsaid City from Classification j
4Sliburban Development(SD) ,
''-ti Heavy Industrial District
(, -2) on the following
Ascribed property,to wit:
rx
Being 2.4988 ac. out of Lot
ti;}G,Allison-Richey Gulf Coast ',
Rome Co. subdivision; sect:
)` '\HT&B RR Co.survey,'A-2 ,
a.'2, plat records of Brazoria
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 ).,4 19 51
No. Date 19
No. Date 19
No. Date 19
No. Date 19 _
rZt.(N.
1wo ti f
resident
•
Fc/1-3.
Subscribe and sworn to before me this day of
19'
�" A. EMMONS
d ` ;) Natal Ritmo,State
ar na �d P2s g i her
Notary Public, State o • =�`as
¢4/
-s
g n OTICE OF A JOI :-'
1 'IC HEARING OF THE CITY
' COUNCIL AND THE PLAN-
' ,,NING'AND'ZONING COM-
'MISSION OF THE CITY OF
PEARLAND,TEXAS .
1. .'Notice is hereby given that on
the 22nd day of February,
`n. 1999,at 6:30 p.m., the City ,
1.Council and the Planning and ,
Zoning Commission of the
'City of Pearland,Brazoria and LEGALS i
Harris Counties, Texas, will
r conduct a _Joint Public
Co. TX (13623 Garden; •
.'Hearing in the Council I 't }Road) °
k Chambers, City Hall, 3519
l'Liberty Drive, Pearland, At said hearing all interested,
Texas, on the request of + parties shall have the right`
Weimer,Construction Co., ' and opportunity to appear and,
owner, for an amendment to I be heard on-the subject.
the Land Use and Urban
Development Ordinance of ; I Young Lorfing
iir§aid City from Classification i I'CitySecretary--- -
Suburban Development (SD)
to Heavy Industrial District ftiCAPON1l0.,661-
II, (M-2) on ' the following
; described property,to wit:•
.
Being 2.4988 ac. out of Lot
13,Allison-Richey Gulf Coast'
i Home Co. subdivision, sect.
:.7,'HT&B RR Co:survey,A-2
19, plat records of Brazoria
CONSENTC
MOMMEMeN ::3::±±±;:i:l;J. , . '\A '\i::::E.ryXiriKi:ij•4i:Yiti:^'ii`i±`'' .:4:?.YJ:n•:x
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X Change in Zoning Classification from: S.D. to: M-2
Change in Regulations in Section #:
Specific Use for: *
Property address: 13623 Garden Rd
Section 7 Allison-Richey Gulf Coast
Lot: 14 Block: Abstract 219 Subdivision:Home Company Subdivision
Metes & Bounds Description:-
(unplatted property only; attach survey) .
Tax I.D. number: 464-92-8293
Proposed use of land within requested designation: Construction Yard
•
Record owner's name: Weimer Construction Company
Owner's mailing address: P.O. Box 1228, Pearland, Texas 77581
Owner's telephone number: (281) 485-2222
Agent's name:
Agent's mailing address: N
Agent's telephone number:
PETITION: Aseln/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: Agent's signature: 7v 4
Fees paid: $ f Date paid: f,07- - 91
Received by: . ,lo �
n , ;•,: %? �
Young Leding
c~j sec.~q
(281) 652-1655
Td, ec~iet (281) 652-1706
November 1, 1999
Dear Property Owner:
On I~O.,./ I C)~ I qc~c~ , the City Council voted to approve Application No. ~ ~ !
requesting the change of classification of certain real property from the classification of
Enclosed is a copy of Ordinance 509-.~,q:~ for your records.
Sincerely,
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · 281-652-1600 · www. ci.pearland.tx.us