Ord. 509-537 10-22-01 Failed FAILED 10/22/01
ORDINANCE NO. 509-537
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 11.447 ACRES OUT OF LOTS 32 &
33, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
AND H. B. & T. R.R. COMPANY SURVEY, A-504, ACCORDING TO THE
MAP OR PLAT THEREOF, RECORDED IN VOLUME 2, PAGE 23-24, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 992) (1854 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2)
AT THE REQUEST OF, ARTHUR VAL PERKINS, AGENT FOR F.F. & E.
FAMILY LIMITED PARTNERSHIP, 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, Arthur Val Perkins, Agent for F.F. & E. Family Limited Partnership,
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 day 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
ORDINANCE NO. 509-537
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
proposed amendment application by, Arthur Val Perkins, Agent for F.F. & E. Family Limited
Partnership, 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 Heavy Industrial District (M-2); 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 F.F. & E. Family Limited Partnership,
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 Heavy Industrial District (M-2); such
property being more particularly described as:
11.447 acres out of Lots 32 & 33, Allison Richey Gulf Coast Home Company
Subdivision and H. B. & T. R.R. Company Survey, A-504, according to the map or
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ORDINANCE NO. 509-537
plat thereof, recorded in Volume 2, Page 23-24, of the plat records of Brazoria
County, Texas (1854 Garden 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 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.
3
ORDINANCE NO. 509-537
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
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of ,2001.
TOM REID
MAYOR
4-
ORDINANCE NO. 509-537
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October t6, 2001
Honorable Mayor and Council Mem't~rs
City Hall
Pearlm~d, Texas 77581
Re: RECOMMENDATION TO TItE CITY COUNCIL ON ZONING APPLICATION
NO. 992
Request of Arthur Val Perkins, agent for F.F.&E. Family Limited Partnership, owner for an
amendment to the Land Use and Urban Development Ordinance of said City from Suburban
Development District (SD) to Heavy Industrial District (M-2) on the following described
property, to wit:
I i.447 acres out of Lots 32 & 33, Aiiison Richey Gulf Coast Home Co. Subdivision and H. B. &
T. R.R. Co. survey, A-504, according to the map or plat thereof, recorded in Vol. 2, pg 23-24, of
the plat records of Brazoria Co., TX (1854 Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 15, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd locCo and seconded by Vice-Chairman Donald Glenn
to forward Zoning Application No. 992 to City Council for approval. Commissioner Russ
Setemon commented that although it is very well kept ~ he would rathe~ leave the ~ as
Suburban Development (SD), which would allow for the business to continue as it
Motion to approve passed 5 to 2.
(C#airman Vlktorln, Vice-Chairman Glean, Commissioner loeco, Coramissioner 8ederdahi
and Commissioner McDonald were for the motion to approve, and Commissioner Scherrer
and Commissioner 8e4emo~ were ag~im~t ~ mot~ ~o approve.)
This is submi~ed for your considera6oa
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
Change in Zoning Classification from: SD to: M-2
Change in Regulations in Section #:
Specific Use for: *
Propegy address: 1854 Garden Road
(part) I Allison-Richey Gulf Coast
Lot: 32 & 33 Block: Subdivision: Home Co.
Metes & Bounds Deseription:
(unplaCed properPf only; attac, h survey)
Tax I.D. number: 0504-0006-120
Current use of!and: Manufacturing Building
Proposed use ofland within requested designation: No ct~ange
~COO~dOWll¢~'$~me: FF&E Family Limited Partnership
Owner's mailing address: P.O. Box 1462, Delano, California 93216
Owner's telephone number: 661-721-7211
Agent's name: Arthur Val Perkins
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 Pen'nit
request to allow a residential use in a business zone (OP, NS, OB), I acknowledge that such use may be
my vicinity.
incompatible with current and furore uses on properties in ~_~:~,
Owner's signature: Agent's signature:
Fees paid: $ Date'l~i~' (2t ~'~ ~) [
Received by: ( 'N(--~'xo ~ Application number:
SD
M-2
M-2
ZONING APPLICATION NO. 992
area zoning map
F F & E Family Limited Partnership
1854 Garden Road
ZONING APPLICATION NO. 992
F F & E Family Limited Partnership
1854 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 Oounties in THE REPORTER NEWS, a newspaper of general
:irculation in Galveston, Harris and Brazoria Counties, for ! issues, as follows:
No. I Date ~- J~ 20 Ol
No. Date 20 __
No. Date 20 __
No. Date 20
No. Date 20 .--
;ubscribe and sworn to before me this ?.o day of ~
,.oo,
~'~l~lisher
Notary Public, State of Texas
Fl'
Ai ~d ~adng all inter~t,:~
ed ~artie~ shall haV~ t~e
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. 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 ~- 2_.(,, 20 ~/
No. Date 20
No. Date 20
No. Date 20
No. Date 20 --
3ubscribe and sworn to before me this2~ day of ~
~_001
sher
Notary Public, State of Texas
NOTICE OF A JOINT
CITY COUNCtL*AND ~E
PLANNIN~ ANDZONING
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