Ord. 509-538 10-22-01 Failed FAILED 10/22/01
ORDINANCE NO, 509-538
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 A TRACT OF LAND OUT OF LOT
33, SECTION 8, H. T. & B. SURVEY, A-504, ALLISON RICHEY GULF
COAST HOME COMPANY PLAT RECORDED IN VOLUME 2, PAGE 23,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO,
991) (1930 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF ARTHUR VAL PERKINS, AGENT FOR ANTHONY WELDED
PRODUCTS, 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 TQ THE SUBJECT.
WHEREAS, Arthur Val Perkins, Agent for Anthony Welded Products, Inc., Owner,
filed on August 2, 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 8th of October, 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 October, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
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ORDINANCE NO. 509-538
proposed amendment application by, Arthur Val Perkins, Agent for Anthony Welded
Products, Inc., 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 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 October 22, 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 Arthur Val Perkins, Agent for Anthony Welded Products, Inc., 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) is
hereby for all purposes changed and reclassified as Commercial District (C), such property
being more particularly described as:
A tract of land out of Lot 33, Section 8, H. T. & B. Survey, A-504, Allison Richey Gulf
Coast Home Company plat recorded in Volume 2, Page 23, plat records of Brazoria
County, Texas (1930 Garden Road)
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ORDINANCE NO. 509-538
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 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.
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ORDINANCE NO. 509-538
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.
PASSED, APPROVED, and ADOPTED on First Reading this __ day of
,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
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ORDINANCE NO. 509-538
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of ,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
October 16, 2001
Honorable Mayor and Council Members
city HaU
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIl, ON ZONING APPI,ICATION
NO. 991
Request of Arthur Val Perkins, agent for Anthony Welded Products, 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:
A tract of land out of Lot 33, Section 8, H. T. & B. survey, A~ 504, Allison Richey GuffCoast
Home Co. plat recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX (1930 Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 15, 2001, niter a Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Donald Glenn and seconded by Commissioner Todd Iocco
to forward Zoning Application No. 991 to City Council for appro~ ~4th no further discnssior~
Motion to approve passed 5 to 2.
(Chairman Viktorin, Vice-Chairman Glenn, Commissioner Iocco, Commissioner Sederdahl
and Commissioner Mel~aatd were for the motion to approve, and Commissioner Seherrer
Si~rety, '
· harles Viktorin, Chairman / ~t ·
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
Change in Zoning Classification from: SD to: C
Change in Regulations in Section #:
Specific Use for: *
Property address: 1930 Garden Road
Allison-Richey Gulf Coast
Lot: 33 (part)Block: Subdivision: Home Co.
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: 0504-0006-110
Current use of land: Residence/office
Proposed use ofland within requested designation: No change
Anthony Welded Products, Inc.
Owner's mailing address: P.O. Box 1462, Delano, California 93216
Owner's telephone number: 661-721-7211
Agent's name: Arthur Val Perk~nm
800 First City Tower
Agent's maillngaddress: 1001 Fannin, Houston, Texas 77002-6707
Agent's telephone number: 713-653-7341
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 Ordinances of the City of Pearland. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GE), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Fees paid: $ Date/~t: ~ "~ -0 I
ZONING APPLICATION NO. 991
Anthony Welded Products
1930 Garden Road
M-2 ~
ZONING APPLICATION NO. 991
area zoning map
Anthony Welded Products
1930 Garden Road
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
3alveston and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
:irculation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No. I Date ~- 14 _20 01
No. Date 20
No. Date 20
No, Date 20
No. Date 20 __
,ubscr'be and sworn to before me this Zo day of ~
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~\ LAURAA-EMMONS ~
~):} Not~,State of Texas ~
~~¢ublisher
Nota~ Public, State of Texas
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~ounc I
3519
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
RO. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for, ] issues, as follows:
No. / Date ' ¢- Z(,, __ 20 ¢/
No. Date 20
No. Date 20
No. Date 20.
No. Date 20
3ubscribe and sworn to before me this 2"1 day of ~
~.~Z~,.~,:\ L^URAA-EMMONS ~
~);} ~t~, State of Texas ~
~~s,~ublisher
Notaw Public, State of Texas
PUblished