Ord. 509-522 05-14-01 ORDINANCE NO. 509-522
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 MACHINE
SHOP AND SPECIFIC USE FOR AN RV/BOAT STORAGE ON THE
FOLLOWING PROPERTY, BEING 9.743 ACRES BEING A PART OF LOT 18,
ALLISON RICHEY GULF COAST COMPANY SUBDIVISION, F.B. DRAKE
SURVEY, H. T. & B. R.R. COMPANY SURVEY NO. 8, A-504, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDS IN VOLUME. 2,
PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 977 AND SPECIFIC USE NOS. 91 & 92) (2413 ROY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT - SPECIFIC USE (C(S)S) AT THE REQUEST OF
BOBBY EARL HOPPER OWNER, PROVIDING FORAN AMENDMENTOFTHE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, Bobby Earl Hopper, Owner, filed on February 22,2001, 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 2nd of April, 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 3~d day of April, 2001, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Bobby Earl Hopper, Owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit "A"
ORDINANCE NO. 509-522
from its existing classification of Suburban Development District (SD) to Commercial District -
SPECIFIC USE (C(S)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 April 23, 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 Bobby Earl Hopper, 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 to Commercial District - SPECIFIC USE (C(S)S);
for a Machine Shop and an RV/Boat Storage such property being more particularly described
as:
9.743 acres being a part of Lot 18, Allison Richey Gulf Coast Company Subdivision,
F.B. Drake Survey, H. T. & B. R.R. Company Survey No. 8, A-504, Brazoria County,
Texas, according to the plat records in Volume 2, page 23, plat records of Brazoria
County, Texas (2413 Roy 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
2
ORDINANCE NO. 509-522
and presentation of this matter to the Planning and Zoning Commission and to the City Council
for consideration and decision.
II1.
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 exemise 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.
3
ORDINANCE NO. 509-522
PASSED, APPROVED, and ADOPTED on First Reading this 23 day of
April ,2001.
TOM REID
MAYOR
ATTEST:
~Y SFcCRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14 day
of May ,2001.
TOM REID
MAYOR
ATTEST:
,¢
SECRETARY /,/ ~
APPROVED AS TO FORM:
CITY ATTORNEY
4
V/ Change in Zoning Classification from: ~1~) to:
__ Change in Regulations in Section #:
Property address:~ t~ ~O'}~,~-OO'~f~i~,SXSV.x t~CCJ~'~ ~t~{¢' II
Lot: /(~) Block: I Subdivision: ~O~C t40~e C~, ~-~,11
Metes & Bounds Description:
(unptatted property only; attach survey)
Tax I.D. number:
Current use of land: }r'~
Proposed use of land within requested designation:
Record owner's name: ~
.... /'-- 'II
OWner's mailingad&ess: ~
Owner's telephone number: ~/~
Agent's name: ~
Agent's mailing ad.ess:
Agent's telephone number:
PETITION: As owneffagent, I hereby petition the Ci~ for approval of the above described request as
provided by the laws of the State of Texas and Ordinates of the CiW of Pearland. *On a Specific Use Pe~it
request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use may be
with c~ent and future uses on
Owner's si '('X ~
Received by: ~
39
57 16 MH(359)
ZONE
~ 7.0~E SD
ZONE SD
R-~O~)
ZONE SO
APPLICATION NO.: 977
SPECIFIC USE NO.: 91 & 92
ROY
ROAD
APPLICATION NO.: 977
SPECIFIC USE NO.: 91 & 92
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 --
~President
Subscribe and sworn to before me this /-~"day of ~
20ol ~
~/~e- o~ah;r
Is/young
Ci~ Sec~'ota~y
AFFIDAVIT OF ,PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, lexas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was~pul31ished
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 .~- Z./ 20 ol
No. Date 20
No. Date 20
No. Date 20
No. Date 20 --
~President
Subscribe and sworn to before me this. ~- 7- day of ~
April 3, 2001
Honorable Mayor and Council Members
Hah
Pearland, Texas 775 ~ 1
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 977 AND SPECIFIC USE NOS. 91 & 92
Request of Bobby Earl Hopper, owner for an amendment to the Laud Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to
Commercial District with a Specific Use for a machine shop and Specific Use for an
RV/Boat Storage (C(S)(S) on the following described property, to wit:
9.743 acres being a part of Lot 18, Allison Richey Guff Coast Co. Subdivision, F.B. Drake
Survey, H. T. & B. R.R. Co. Survey No. 8, A-504, Brazoria Co., TX, according to the plat
records in Vol. 2, pg 23, plat records of Brazoria Co., TX (2413 Roy Road)
Honorable Mayor and Council Members:
At a regular meeting held on April 2, 2001, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Donald Glenn and seconded by Commissioner Emil Beltz
to recommend approval of Zoning Application No. 977 and Specific Use Nos. 91 & 92. The
Commissioners showed concern about the boat storage being "open" and Mr. Maples reassured
that the City does have regulations that will prevent this area from becoming a ']unkyard".
Motion to approve passed 5 to 1.
This is submitted for your consideration.
H. Charles Viktorith Chairman
Planning & Zoning Commission