Ord. 509-505 02-12-01 ORDINANCE NO. 509-505
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 1.14 ACRES OF LAND OUT OF THE
SOUTHEAST CORNER OF 16.13 ACRES IN SECTION 17, H. T. & B. R.R.
CO. SURVEY, A-242, BRAZORIA CO., TX(APPLICATION NO. 962) (7407
FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
H & R OPERATOR SERVICES, 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, H & R Operator Services, Inc., Owner, filed on November 27, 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 15th of January, 2001, 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 16th day of January, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, H & R Operator Services, Inc., Owner, whereby the
1
ORDINANCE NO. 509-505
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 February 12, 2001, 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 H & R Operator Services, Inc., presented which, in the judgment of the
City Council, would justify the approval of said application, now, therefore,
BE IT ORDAINED BYTHE CITY COUNCIL OFTHE CITY OF PEARl_AND, 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:
1.14 acres of land out of the Southeast corner of 16.13 acres in Section 17, H. T.
& B. R.R. Co. Survey, A-242, Brazoria Co., TX (7407 Fite Road)
Il.
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
2
ORDINANCE NO. 509-505
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
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ORDINANCE NO. 509-505
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.
PASSED, APPROVED, and ADOPTED on First Reading this 12 day of
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 76 day
of February ,2001.
TOM REID
MAYOR
4
ORDINANCE NO. 509-505
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
__ Change in Zoning Classification from: :5 D to:
__ Change in Regulations in Section #:
__ Specific Use for: *
Propertyaddress: 7 qO 7 File I~d , Pea~-Jdc~4d ~
Lot: Block: ] Subdivision:
Metes & Bounds Description: 5~'~ t*, HT~OR~ ~ve~, ~g$~
(unplatted prope~ only; attach s~ey)4t3o ~n*~ a 5 ~t~u' r*~
Tax I.D. nmber: 7& - 0 O 0 0 g ~ ~
Cu~entuseofl~d: ~C~¢5 (o~Co{ ~5;me55
Proposed use of land within requested designation:
Recordowner'sname: ~4 ~-~ ~)~v-a~{~t'
Owner's mailing address: ~>.0. ?'oo~
Owner's telephone number: 281 - q86-- q477
Agent's name:
A~ent's mailin~ address:
Agent's telephone number:
Received
Fife ROAD
FITE
City of Pearland, Texas
H & R OPERATOR SERVICES, INC.
ZONE CHANGE
FROM
SDTOC
~'~ om. ~oo ~I:_'~
ZON~ s~ C(442)
zONE SD
ZONE SD
zONE SO MF(152
1.14 ACRES
7407 FITE RD.
(4-96)
City of Pearland, Texas
H & R OPERATOR SERVICES, INC.
ZONE CHANGE
FROM
SDTOC
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harri.s 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. /r Date" /~!- ~"¢ 20 00
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20
15resident
gubscribe and sworn to before me this ,,2~ day of ~
~ ~sher'
pubii&h~:l D~c. 27, ~
~is~t~
m ~ 15h ~y ~
~1, ~ 6:~ p.m., ~ ~
~unc~ and ~e P~nni~
t~ City of Pearl~nd,
~azoda, Harr~ and F0H
~ ~n~es, Te~,
conduct a Joint Public
Hea;ing in the Councit
~be~, Ci~ Hall, ~19
Ube~y Drive, Pearla~d,
~ '~ ..
'~d P~ sh~l have~e
dgh~ ~nd oppo~unity t~
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. ,7- ' Date /-.-~ 20
No. Date 20..
No. Date 20 __
No. Date 20
No. Date 20 __
~f~President
Subscribe and sworn to before me this ~day of ~.1¢~4'J
200) ~_
her
Notary Pu~-i~- ~-~ o~'~exas
Published Dec. 27~.
NO~ OFA JOINT .
PUBUC HEARING OF THE
~'Y COUNCIL AND THE
PLANNING AND ZONING
~COMMISSJON OF THE ~ ~;~d pr~,, tO w~ '
.C~TY OF PEARL.AND,
TEXAS ~*1.14 ~ d bed ¢u~ of Ihe
*Southeast come~ of 16.13
NofJce ts hereby given ~at ~cres in Sec'~n 17~ H. T. &
on lha 15~ day of Janua~, ~* R.R. Co. suwey, A-242,
2001, at 6:30 plm., the C~y ~'azoda Co., TX (7407
Cou .~1 ;~nd the Planning R~ad) ·
the ~jf~ * Of Pearland, At said hearing all/ntemst.
Braz~:, Harris and Fort ed parties ,=hall have the
Bend Counties, Texas, will ri{~ht and opportunity to
bonduct~ a Joint Public appea; and ~ hea;d on
Hearing in the Council= subject.
Cham~rs, Ciiy Hall, 3519 ~
Liberty Drive, Paarland, ~ ?s/¥~ung Lading. *
Texas, on the request orH: C~*,~
~mer, for an am~dmeat t~
[he ~nd Use and Urbe~
~pment Ordinance ~
' Suburban DeveloPmen{
January 16, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 962
Request ofH & R Operator Services, Inc., owner for an amendment to the Land Use and
Urban Development Ordinance of said City from Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
1.14 acres of land out of the Southeast corner of 16.13 acres in Section 17, H. T. & B. R.IL Co.
survey, A-242, Brazoria Co., TX (7407 Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on January 15, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Richard Tetens and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 962. Commissioner Tetens
stated that he would normally be against this request because it does not meet the Comprehensive
Plan, however, due to the fact that they just approved one under the same circumstances just
down the street, he is in support of this request.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely, - .
H. Charles Viktorin, Chairman u ' ~'
Planning & Zoning Commission