Ord. 509-453 05-22-00 Tabled TABLED 5/22/00
ORDINANCE NO. 509-453
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 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,
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGES 23-
24 PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
912) (8909 HUGHES RANCH ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF BOBBY OF BILLY CRAIG, AGENT FOR CLASSIC STORAGE
STATION, INC., OWNER, PROVIDING FORAN 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 of Billy Craig, agent for Classic Storage Station, Inc., Owner, 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 24th 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 5th 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 of Billy Craig, agent for Classic Storage Station, Inc.,
Owner, whereby the Commission recommended and approved a change of classification for
the property described in Exhibit 'W' 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 May 22, 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 of Billy Craig, agent for Classic Storage Station, 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 (C); 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, Brazoda County, according to
the map or plat recorded in Volume 2, pages 23-24 plat records of Brazoria County,
Texas (8909 Hughes Ranch Road)
I1.
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 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. 509-453
PASSED, APPROVED, and ADOPTED on First Reading this day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this __ day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
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May 5, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 912
Request of Bobby of Billy Craig, agent for Classic Storage Station, 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:
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 Co., according to the 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 a regular meeting held on May 1, 2000 after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil A. Beltz
to recommend approval of Zone Change Application No. 912.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Planning & Zoning Commission