Ord. 509-353 10-25-99 ORDINANCE NO. 509-353
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 0.7516 ACRES OUT OF TRACT 33, FIGLAND
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 13, A-240, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 789 &
SPECIFIC USE NO. 75) (3029 WAGONTRAIL) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS -
SPECIFIC USE(GB-S)FOR OUTSIDE STORAGE OF VEHICLES RELATED TO
AUTOMOBILE REPAIR AT THE REQUEST OF CLYDE WILLIAMS AND BRIAN
WILLIAMS,OWNERS, 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, Clyde Williams and Brian Williams, Owners, filed on April 19,1999, 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 2r of August, 1999, 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 8th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Clyde Williams and Brian Williams, Owners, whereby the
1
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 General
Business - Specific Use (GB-S) for outside storage of vehicles related to automobile repair;
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 11, 1999, 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 Clyde Williams and Brian Williams, Owners, facts were 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:
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 General Business - Specific Use (GB-S) for
outside storage of vehicles related to automobile repair; such property being more particularly
described as:
Being 0.7516 acres out of tract 33, Figland Subdivision, H.T. & B.R.R. Co. Survey,
Section 13, A-240, plat records of Brazoria County, Texas ( 3029 Wagontrail)
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
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.
3
ORDINANCE NO. 509-353
PASSED, APPROVED, and ADOPTED on First Reading this I I+h day of
Cher , 1999.
.... =:: (7)-n a
TOM REID
MAYOR
ATTEST:
/
fr _,41 ' 4 _
Or' NGL2 = 'G
Y SE V TARY
PASSED,APPROVED, and ADOPTED on Second and Final Reading this 10 5 day
of DCT7Oo /Y , 1999.
Laf'-gi°
TOM REID
MAYOR
ATTEST:
i I/,�'-.&L',ii �
tUNG aJF G
TY SE r.ETARY f
APPROVED AS TO FORM:
Cadm"...- itt, Aik,......
DARRIN COKER
CITY ATTORNEY
4
76
3029 WAGON ZONE SD
TRAIL
200• 30 2
71 70 69 34 .)
ZONE SD
ZONE SD
FITE ROAD
Pr v 200•
66 67 68 A MIMI 29
61 35
J
ZONE SD
Z
O ZONE SD
C.�
FIGLAND
38
60
City of Pearland,Texas
CLYDE L WILLIAMS
ZONE CHANGE
FROM
SD SUBURBAN DISTRICT 8D TO C
C COMMERCIAL DISTRICT JU• �1999 H :_2D0' SHEET
o wn U,J.EB. CAD FILE:
Child 911 D. SMITH 99-8133 OF 1
0
\\ \\`\. \ ` \ `:t*.ate\\ \ ,
I
Change in Zoning Classification from - to:
Change in Regulations in Section if:
Specific Use for: *
Property address: 73 6P-C)c)
GJao,v
Lot: -. Block: Subdivision:
��l:L f O tc{�-a t
C , 7 S 4 ac k'e T�A'.7 3"3 F,yteznet SK 6 . H-7/6 4/'Z
.Metes d_ Bounds Description:
(unplatted property only; attach survey) Sc.t-f • /3 "44144 I try p /,PA , ,,� �o
Tax I.D. number: If gy-is -cc_[;t ,
I Proposed use of land within requested designation:
kX l5 rlrv6 I3 1.1..SrNc. S5
rED5 wicokal 4429-rvich 0 g
(', R,./iiu ; e ille,s,4. -74 iv,tt,'4-7.5
Record owner's name: C Lo i, i- 141 Le`•
., S c p.W ,.) AMinev DA) Q
Owner's mailing address: P,o , 4-isi ci
Owner's telephone number: 9-S)/' s ' q 5 7
4
Agent's name:
Agent's mailing address:
1
1 Agent's telephone number:
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, GB), I acknowledge that such use
; may be incompatible with current and future uses on properties in my vicinity.
Owner's signaiur •:I -taw C, G1iw}, Agent's signature:
Fees paid. $ c Date paid: a—/C/- G•1
i. L (�
1 ..
Received by A ail► / r Application number
a
tilL/vic..,L),... a-tit.)--t-c-c , aii-i., (i,,,--, , * P ("L '''- '
76
3029 WAGON ZONE SD
TRAIL
200. 30 2
71 70 69 34 (1YP.)
ZONE SD
ZONE SD
FITE ROAD
-
200'
(rrP.)
66 67 II 68 29
61 35
Q
ZONE SD
Z
O ZONE SD
C�
FIGLAND 38
60
City of Pearland,Texas
CLYDE L WILLIAMS
ZONE CHANGE
SD SUBURBAN DISTRICT FROM
TO
GB GENERAL BUSINESS DISTRICT App.N•.:789 & SU 75,,.m SHEET
S SPECIFIC USE PERMIT ow.ocr., 1999 �:i-200'
Dun gp:J.EB. CA n
Q. op C. TUMUNSOP 99-8133 OF 1
frip) 4
u ..r eiffkaa o
Young y PEARLAND
City Secretary
(281)652-1655
Telecopier(281)652-1706 T E X A S
FS 8 9 Al
December 22, 1999
Clyde Williams
P.O. Box 1519
Pearland, Texas 77588-1519
Dear Mr. Williams:
On October 25, 1999, the City Council voted to approve Ordinance No. 509-353
(Application No. 789) requesting the change of classification of certain real property from
the classification of Suburban Development District (SD) to Commercial District (C).
Enclosed is a copy of Ordinance 509-353 for your records.
Sincerely,
44011-- 44-01-64*
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
ORDINANCE NO
509-353
October 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 789
Request of Clyde Williams and Brian Williams, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
District(SD) to Commercial District (C) on the following described property, to wit:
Being 0.7516 acres out of Tract 33, Figland subdivision, H. T. & B. R.R. Co. survey, Section
13,A-240, plat records of Brazoria Co., TX(3029 Wagontrail)
Honorable Mayor and Council Members:
At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairperson Tommy Scott and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 789.
Motion to approve passed 5 to 0.
Pursuant to Council request, this Zone Change Application has been changed to General
Business - Specific Use (GB-S) for outside storage of vehicles related to automobile repair.
(Zone Change Application No. 789 & Specific Use No. 75)
This is submitted for your consideration.
Sincerely,
ivLQ ( IV vyVcNvJO').
Gene Tumlinson
Director of Community Development& Services
map
139
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 655.
Councilmember Tetens stated that the Council has turned down Industrial Zoning on
most of the tracts behind this property.
Additional discussion ensued regarding this land use change between Council and Staff.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 4 to 1.
FIRST READING OF ORDINANCE NO. 509-331 - 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 4.9794 ACRE TRACT OUT OF LOTS
76 & 77, FIGLAND ORCHARD SUBDIVISION, NO. 1 SECTION 13, H.T. & B.R.R. CO.
SURVEY, A-240, RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 788) FROM CLASSIFICATION
•^ SUBURBAN DEVELOPMENT DISTRICT(SD)TO COMMERCIAL DISTRICT(C)AT THE
REQUEST OF CLYDE WILLIAMS AND BRIAN WILLIAMS, OWNERS, 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.
Councilmember Wilkins made the motion, seconded by Mayor Pro-Tern Berger, to
approve Ordinance No. 509-331 (Application No. 788) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 788.
Mayor Pro-Tem Berger read from the minutes of the Joint Public Hearing and said that
this property is often interpreted as a junk yard.
Chief Building Official, Gene Tumlinson reported that the owner of the property is also on
the wrecker rotation for City, and stores them on the property. Mr. Tumlinson further
stated that as best as the City can tell this is not an auto salvage yard, it just may look like
it from time to time based on the conditions of the some of the automobiles that they may
Page 19 of 26 - 9/27/1999
14
pick up. Mr. Tumlinson also stated that this primarily residential but it does blend in with
the use of the property.
Voting "Aye" Councilmembers Beckman, Berger.
Voting "No" Councilmembers Tetens, Wilkins, and Seeger.
Motion Failed 3 to 2.
FIRST READING OF ORDINANCE NO. 609-332 - 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 0.7516 ACRES OUT OF TRACT 33,
FIGLAND SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 13, A-240, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 789) (3029
WAGONTRAIL)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT(SD)
TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF CLYDE WILLIAMS AND
BRIAN WILLIAMS, OWNERS, 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.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-332 (Application No. 789) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation �--
to approve Application No. 789.
Mayor Pro-Tern Berger stated it is difficult because you hate to put commercial next to
residential but in this case you have a pipeline in the area and you cannot do much else
with the property.
Additional discussion ensued with the Council, Staff, and property owner, regarding other
types of possible land use options that could be used and still allow this business to
operate.
Mayor Pro-Tern Berger made the motion, seconded by Councilmember Wilkins, to table
Ordinance No. 509-332 (Application No. 789) on its first reading.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Page 20 of 26 - 9/27/1999
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
,tate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rculation in Brazoria and Harris Counties, for / issues, as follows: _
No. 1 Date l -
�1 19
No. Date 19
No. Date 19
No. Date 19
No. Date 19
KZ,d1.
President
•
ibscribe and sworn to before me this day of
q6'
wrf: Al°17I'' 1 iltOrtUr,e4k .lisher
to," Commission Expires 9-9-02 %
1 . . • , S. .xas
. . '' AR ' OF THE
ITT COUNCIL AND THE
LANNING AND ZONING
OMMISSION OF THE CITY
F PEARLAND,TEXAS
'rice is hereby given that on
e 23rd day of August, 1999,
00.0.m., the City Council
d the Planning and.Zoning
ommission of the City of
earland, Brazoria end Hams
ounties, Texas, will conduct
Joint Public Hearing in the
ouncil Chambers, City Hall,
;;519 Liberty Drive, Pearland,
exas, on the request of
lyde L. Williams;owner,for
=n amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Suburban
Development (SD) to
Commercial District(C)on the
following described property,
to wit:
I Being 0.7516 acres out of.
1 i Tract 33, Figland subdivision,
HT& B RR Co. survey, sect.
1 13,'A-240, plat records of
f razoria Co., TX (3029
agon Trail)
r ,t said hearing all interested
3 'arties shall have the right
nd opportunity to appear and
f ,e heard on the subject.
Young Laafia ---
I
�i,, . t.•P. A .
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
.culation in Brazoria and Harris Counties, for / issues, as follows: -
No. f Date 1/ 19 1�
No. Date 19
No. Date 19
No. Date 19
No. Date 19
h,/v1
President
•
ibscribe and sworn to before me this �— day of %Li-
A
� 1
,.„ONs
State o
L�r!`y�, t texas
/ mi . i ' rig :t' isher
Notary Public, State of Texas
is
`UBLIC HEARING OF THE
ITY COUNCIL AND THE
•LANNING AND ZONING
ICOMMISSION OF THE CITY
OF PEARLAND,TEXAS
Notice is hereby given that on
the 23rd ay-of Augustr-3949,
at 6:30 p.m.,the City Council
and the Planning and Zoning
Commission of the City of
Pearland,Brazoria and Harris
Counties,Texas,will conduct
a Joint Public Hearing-in the
Council Chambers,City Hall,
3519 Uberty Drive, Pear land,
Texas, on the request of
,Clyde L.Williams,owner,for
an amendment to the Land
4 Use and Urban Development
Ordinance of said City from
Classification Suburban
Development (SD) to
Commercial District(C)on the
;following described property,
tto wit:
4Being 0.7516 acres out of
Tract 33, Figland subdivision,
HT8,B RR Co. survey, sect.
13, A-240, plat records of
Brazoria Co., TX (3029
Wagon Trail) .
At.said hearing all interested
parties shall have the right
;:and opportunity to appear and
bbe heard on the subject.
Young Long
Suratiry
IIQ.71111