Ord. 509-461 06-26-00 ORDINANCE NO. 509-461
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 AND GRANTING A SPECIFIC USE PERMIT FOR A STORAGE
FACILITY(MINI, CLIMATE, BOAT & OPEN STORAGE) ON THE FOLLOWING
PROPERTY, TO-WIT BEING 4.9989 ACRES OUT OF LOTS 6 & 7, ALLISON
RICHEY GULF COAST HOME CO. PART OF SUBURBAN GARDENS,
SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY,
TEXAS ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2,
PAGES 23-24 PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 912 & SPECIFIC USE NO. 83) (8909 HUGHES RANCH
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO GENERAL BUSINESS - SPECIFIC USE (GB-S) AT THE REQUEST OF
BOBBY CRAIG & BILLY CRAIG, 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, Bobby Craig & Billy Craig, Owners, filed on February 25, 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 24~ of April, 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 24t~ day of May, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Bobby Craig & Billy Craig, Owners, 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 General Business-
Specific Use (GB-$); 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 June 26, 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 Bobby Craig & Billy Craig, Owners, 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 General Business - Specific Use Permit (GB-S);
such property being more particularly described as:
4.9989 acres out of Lots 6 & 7, Allison Richey Gulf Coast Home Co., part of Suburban
Gardens, Section 20, H.T. & B.R.R. Co. Survey, A-506, Brazoria County, Texas
according to the map or plat recorded in Volume 2, pages 23-24 plat records of
Brazoria County, Texas (8909 Hughes Ranch Road)
II.
The City Council of the City of Peartand 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 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. 509-461
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
June , 2000.
T~EID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day
of June ,2000.
TOM REID
MAYOR
ATTEST:
~CI~TY SE(H~ETARY /./ '~
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
__ Change in Zoning Classification from: ~]"~ to:
__ Change in Regulations in Section #:
Specific Use for: *
Property address: 3qOC~ ¥~LLOJ~'~S ~',cic, O.¥h ~c~O. OJk (
Lot: Block: I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
3
~neYs telephone number: ~S[ ~ ~- -
Ag~nr~ t~pho.~ .umb.~: ~ ~. eS ~'
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 Ordinan~s of the ~ity of Peadand. 'On a Specific Use
Pe~it request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with cu~ent and future uses on propedies in my vicinity.
Fees paid: $ -~ U Date paid:
Received by:..~~/~ Application number:
26
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
:landy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:ulation in Brazoria and Harris Counties, for // issues, as follows:
No. / Date ,Z/'.- ~ 20 ~,P
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20~,,~, -
· . . / p~esident --
)scribe and sworn to before me this ~
Notary Public, State of Texas
?m, COUNC~L,~ND T~
PLANNING AND ZONIN~
Chamb~~19
Texas, ~n the ~equest ol
Bobby Craig & Bi~
agea~ fo~ ~sic ~
satin, ~., o~er, for an
a~t ~ ~e ~nd U~
and Urban De;elopment
Ord~ ~ sa~ Ci~ from
Cla;sif~at~n Suburban
H~e Co. Pa~ ~ ~
me m~ or
I I I
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
No. Date - - 20 __
No. Date 20 __
No. Date 20 __
No. Date ~20 --
President
Subscribe and sworn to before me this
PU~UC HEARING OF THE
TNB
the 24th day of Apdl, 20~0, at
6:~ p.m., the CityOouncil
a~ ~e PM~i~ a~ Z~g
Commissioh 0f t~ity 0f
Fo~ Band Counties, Text,
will COnduct a Jbint Public
Healing in the Council
Chambem, Ci~ Nail; 3519
Libe~ Driva, Pearland,
Texas, on the requast of
Bobby Craig & Billy Craig,
agent for Classic Storage~
Station, Mc., ~e~, fer an
and U~
Cla~
~s,~ ~ H.T. & B.
R.R,' Co. ~ey, A-506,
t~ ~p or~t ~ in
v~, 2,
of BrazP~~
~ ~~r
c~
May 24, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: ZONE CHANGE APPLICATION NO. 912 ) 5 IX <g ~
Request of Bobby Craig & Billy Craig, owners, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
District (SD) to Commercial District (C) on the following described property, to wit:
4.9989 acres out of Lots 6 & 7, Allison Richey Gulf Coast Home Co. part of Suburban
Gardens, Section 20, H. T. & B. 1LR. Co. survey, A-506, Brazoria Co., TX according to te
map or plat recorded in Vol. 2, pgs 23-24 plat records of Brazoria Co., TX (8909 Hughes
Ranch Road)
Honorable Mayor and Council Members:
At your request, I have spoken to the owners of the above mentioned property regarding their
zone change request. They have agreed to amend the request to change to General Business
District - Specific Use (GB-S).
This is submitted for your consideration.
Sincerely,
Gene Tumlinson
Director of Community Development and Services
Honorable Mayor and Council Members Wt-' ~]/}} 2 4 7000
City Hall CFFY At. on
Pearland, Texas 77581
Re: ZONE CHANGE APPLICATION NO. 912
Request of Bobby Craig & Billy Craig, owners, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
District (SD) to Commercial District (C) on the following described property, to wit:
4.9989 acres out of Lots 6 & 7, Allison Richey Guff Coast Home Co. part of Suburban
Gardens, Section 20, H. T. & B. R.R. Co. survey, A-506, Brazoria Co., TX according to te
map or plat recorded in Vol. 2, pgs 23-24 plat records of Brazoria Co., TX (8909 Hughes
Ranch Road)
Honorable Mayor and Council Members:
At your request, I have spoken to the owners of the above mentioned property regarding their
zone change request. They have agreed to amend the request to change to General Business
District - Specific Use (GB-S).
This is submitted for your consideration.
Sincerely,
Gene Tumlinson
Director of Community Development and Services