Ord. 509-468 07-24-00ORDINANCE NO. 509-468
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, TEXASACCORDING TO THE MAP OF
RECORD IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 928) (2109 CULLEN BOULEVARD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF RAMON NAVA DBA
SOUTHEAST PALLET, AGENT FOR L & B PROTECTIVE COATING, INC.,
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, Ramon Nava DBA Southeast Pallet, agent for L & B Protective Coating,
Inc., Owner, filed on May 5, 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 26~ 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 10n 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, Ramon Nava DBA Southeast Pallet, agent for L & B Protective
Coating, Inc., 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 (C); 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 10, 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 Ramon Nava DBA Southeast Pallet, agent for L & B Protective Coating, Inc.,
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 Commercial District (C); 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 (2109 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
2
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 exercis,e 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 underthis 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 reclassi~cation of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-468
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
July ,2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of
July ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF' PEARLAiND
ZONE CHANGE APPLICATION
revised 3/5/96
/ Change in Zoning Classification from: ._~' b
~ Change in Regulations in Section #:
__ Specific Use for: *
Property address: c~ I 6 ~ C,- O l / C',''Td
LSt: Block:
Metes & Bounds Descdpfion:
(unpla~ed prope~y only; attach su~ey)
tO:
· g Y.
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owners name:
Owners mailing address~.
Owners telephone number:
Agenrs 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'
6
5O ~
ZONE R-1
ZONE R-1
ZONE SD
ZONE SD
7
ZONE R-1
CITY LIMIT LINE-~ Q
o HUGHES RANCH RD.
L.. ,,, 1o 5
, 2o /CITY UMIT LINE
ZONE SD
CRYSTAL LAKE DRIVE
9
ZONE SO
c&e~be~'ve c~lne, b~.
ZON _;HANGS
FROM
8DTO O
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Btate of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a ·newspaper of general
~irculation in Brazoria and Harris Counties, for / issues, as follows:
20
No;
No.
No.
· Noj
Date
Date
Date
Date
Date
. . YPresident ' '
me this 7-J/' : day of
;ubscribe and sworn to before= ~ ~ ~.
her
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 a.ppended 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:
Date q
No.
No.
Date
Date
Date
Date
· 20 .__
20
20.__
~20
President
~ubscribe and sworn to before me this
.>0 bO
' tare of Texas l'
mi,~.~ir, n F~.o/re~z 9 0 02 J
Notary Publio, 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 / issues, as follows:
No.
No.¸
No~ ·
Date
Date
Date
Date
Date
20 Cib
20
20__
20
~0
3ubscribe and sworn to before me this
President
4 LAURA A, EMMONS
~ Notary Pubh0, State of Texas
Laura Ann Emm6ns, ~abi[s~er
' NOtary Public, State of Texas
Ju~ 10,2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 928
Request of L & B Protective Coating, Inc., owners, for an amendment to the Land Use and
Urban Devdopment Ordinance of said City from Classification Suburban Development
District (SD) to Commercial District (C) on the following described property, to wit:
The South ~ of Lot 7, Allison Richey Gulf Coast Home Co. subdivision, Section 19, H. T.
& B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the map of record in VoL 2,
pg 2:}, plat records of Brazoria Co., TX (2109 Cullen Boulevard)
Honorable Mayor and Council Members:
At a special meeting held on July 10, .2000, the Planning and Zoning Commission considered the
the above-mentioned request. They'recommend approval of this item.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission