Ord. 509-480 08-14-00 ORDINANCE NO. 509480
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
PROPERTYAND GRANTING A SPECIFIC USE PERMIT FOR MACHINING,
FABRICATION, AND MANUFACTURING PLASTICS, RUBBER AND METAL
PRODUCTS ON THE ON THE FOLLOWING PROPERTY, TO-WIT BEING
LOT 1A, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS
{APPLICATION NO. 931 & SPECIFIC USE NO. 87) (8101 FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT-SPECIFIC USE (C-S) AT THE REQUEST OF BLAINE
BARKER II ABA, BARKER DEVELOPMENT, 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, Blaine Barker II, ABA, Barker Development, Owner, filed on May 18, 2000,
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 26t~ of June, 2000, 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 18t" day of July, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Blaine Barker II, ABA, Barker Development, Owner, whereby the
ORDINANCE NO. 509-480
PASSED, APPROVED, and ADOPTED on First Reading this24th day of
July ,2000.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th day
of August ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
Lot: [ h ' ~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land:
5Co - q-3o ~7o
Subdivision:
&ge./,,j g,,,.,'-." ~c'P 91~+{(5
Proposed use of land within requested designation:
Ow~er's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing adch'ess:
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.
e~).) Agent's signature:
.- ,,, · .~.~. ~,,,,,,,, ~, ,,~,_,,,,,,,, ,:,ate pa,d: 6-'
,,,,., ,.,. ,._ ~ "x ...."i'" ' ...... '
· t~ ttO,~ ~jLYIOOOHD
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended· was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date "1 -20 80
No. ' ' Date " -- 20.__
No.' - Date ; ' ' ' ' 20 __
· Date ' ' "'
NO.
Date
20
c,~'~,~,
President
Subscribe and sworn to before me this
ZO C~
2
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Friendswood Repor~e.r News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
i, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston 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.
Date C,r lh/
Date
Date
Date
Date
20 (~
20
20
20__
~0
President
3ubscribe and sworn to before me this
-~0 ~o
.~, LAUFtA A. EMMONS
~ Notary Pubh0, Stele of Texas
Laura Ann Emmon~,.~bl~S~er
Notary Public, State of Texas
. .... o~q~r
ORDINANCE NO. 509-480
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
PROPERTYAND GRANTING A SPECIFIC USE PERMIT FOR MACHINING,
FABRICATION, AND MANUFACTURING PLASTICS, RUBBER AND METAL
PRODUCTS ON THE ON THE FOLLOWING PROPERTY, TO-WIT BEING
LOT 1A, H.T. & B.R.R. CO. SURVEY, A~242, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 931 & SPECIFIC USE NO. 87) (8101 FITE ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT-SPECIFIC USE (C-S) AT THE REQUEST OF BLAINE
BARKER II ABA, BARKER DEVELOPMENT, 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, Blaine Barker II, ABA, Barker Development, Owner, filed on May 18, 2000,
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 ~n 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 26th of June, 2000, 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 18t" day of July, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Blaine Barker II, ABA, Barker Development, 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
Commercial District - Specific Use (C-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 July 24, 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 Blaine Barker II, ABA, Barker Development, Owner, presented which, in the
judgment of the City Council, would justify the approval of said application, it is therefore,
ORb~INED 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 Commercial District - Specific Use Permit (C-S);
such property being more particularly described as:
Lot 1A, H.T. & B.R.R. Co. Survey, A-242, Brazoria County, Texas (8101 Fite Road)
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 separa{e, 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. 509480
PASSED, APPROVED, and ADOPTED on First Reading this 24th day of
July ,2000.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th day
Of August ,2000,
TOM REID
MAYOR
ATTEST:
T(U~EITARy"~/~
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
AFRDAVaT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston 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.
Date
· Date
' : Date
Date
q
20.0~
20__
20__
20__
~ubscribe and sworn to before me this
2
-'0 O0
L A A. EMMO
Not ' ate of Texas ·
' ·
liS er
. h
No!ary PUblic, State of Texas
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby' appended. was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for I ' issues, as follows:
Date C- l"/ 2o ~
Date - - 20 __
Date ' ' 20
Date 20 __
Date ~20 ~
President
.~ubscribe and sworn to before me this
-~0 6o
J,"~" Notary Publi0, State of Texas
Laura Ann Emmon~,~ulSl~er
Notary Publ c, State of Texas
July 18, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
RECOMMENDATION TO TllE CITY COUNCIL ON ZONING APPLICATON
NO. 931 and SPECIFIC USE APPLICATION NO. 87
Request of Blaine Barker II ABA Barker Development, owner, for an amendment to the
Land Use and Urban Devdopment Ordinance of said City from Suburban Development
Lot 1A, H. T. & B. 1LR. Co. survey, A-142, Brazoria Co., TX (8101 Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on July 17, 2000, after a Joint Public Heating, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Russ Selemon
to recommend approval of Zoning Application No. 931 and Specific Use No. 87.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission