Ord. 509-494 10-23-00 ORDINANCE NO. 509-494
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 11.983 ACRES OUT OF A 27.058
ACRE TRACT OUT OF A 48.035 ACRE TRACT BEING THE EASTERLY
PART OF A 94.243 ACRE TRACT IN THE F.B. DRAKE SURVEY, A-1181,
AND THE H. T. & B. R.R. CO. SURVEY, A-413, HARRIS COUNTY, TEXAS,
AS RECORDED IN VOLUME 1288, PAGE 299, DEED RECORDS OF
HARRIS COUNTY, TEXAS (APPLICATION NO. 950)(3350 S. SAM
HOUSTON PARKWAY EAST) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l)
AT THE REQUEST OF, MICHAEL J. PLANK, 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, Michael J. Plank, Owner, filed on July 10, 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 25th day of September, 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 3r~ day of October, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 509-494
proposed amendment application by, Michael J. Plank, 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 Light Industrial
District (M-l); 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 October 23, 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 Michael J. Plank, Owner, presented which, in the judgment of the City
Council, would justify the approval of said application, now, therefore,
BE IT 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 Es
hereby for all purposes changed and reclassified as Light Industrial District (M-l); such
property being more particularly described as:
11.983 acres out of a 27.056 acre tract out of a 48.035 acre tract being the easterly
part of a 94.243 acre tract in the F.B. Drake Survey, A-1181, and the H. T. & B. R.R.
Co. Survey, A-413, Harris County, Texas, as recorded in Volume 1288, page 299,
deed records of Harris County, Texas (3350 S. Sam Houston Parkway East)
II.
The City Council of the City of Pearland finds and determines that the recitations in
2
ORDINANCE NO. 509-494
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 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
3
ORDINANCE NO. 509-494
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 23 day of
October ,2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13 day
of November' ,2000.
TOM REID
MAYOR
ATTEST:
71 ' f/
ETAR~"
4
ORDINANCE NO. 509-494
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October 3, 2000
Honorable Mayor and Council Members
City HaU
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 950
Request of Michael J. Plank, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Suburban Development District (SD) to Light
Industrial District (M-l) on the following described proPerty, to wit:
11.983 acres out of a 27.056 acre tract out of a 48.035 acre tract being the easterly part of a
94.243 acre tract in the F.B. Drake Survey, A-1181, and the H. T. & B. R.R. Co. survey, A-413,
Harris Co., TX, as recorded in Vol. 1288, pg 299, deed records of Harris Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on October 2, 2000, at~er 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 Russ Selemon
recommend approval of Zone Change Application No. 950.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Charles Viktorin, Chairman (for Mary Starr)
Planning & Zoning Commission
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Owners signat~rc: ~ Ag~tt s
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BELY~AY 8
Ci'~y of Peortond, Texos
MICHAEL d, PLANK
ZONE CHANGE
FROM
SD TO M-1
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A F DAV T PU L CAT ON
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 n~Wspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. /~ Date ~2-~, 20 OO
No. Date 20 __
No. Date 20__
No. Date 20 __
No. Date 20
President
Subscribe and sworn to before me this '7 day of ,~
2O O0 ~h
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Notary Public, Stat~f"~as
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 n~wspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
NO. / Date '~/ac 20 ~
No. Date 20
No. Date 20
No. Date 20
No. Date 20 __
Subscribe and sworn to before me this,/¢ day of ~
20 O0 ~h
er~;~:''~;5'' ,, '~',~', ~,a~e o~ ex .s .~
Notary Public, St ~at~'~-~as