Ord. 509-288 03-29-99ORDINANCE NO. 509-288
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 THE SOUTH 87,5 FEET OF LOT 8 & THE
NORTH 12.5 FEET OF LOT 9, BLOCK 6, HICKORY CREEK PLACE
SUBDIVISION, SECTION 7, H.T. & B.R.R. CO. SURVEY, A-219, VOLUME 11,
PAGES 1-2, BRAZORIA COUNTY PLAT RECORDS (APPLICATION NO. 750)
(14011 SUBURBAN GARDEN ROAD) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1)
AT THE REQUEST OF VIRGIL COY & GRACE M. ELLIOTT, 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, Virgil Coy & Grace M. Elliott, owners, filed on August, 24, 1998, 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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 1st day of March, 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 1st day of March, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Virgil Coy & Grace M. Elliott, owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development (SD) to Light Industrial District
(M-1); 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 March 8, 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 Virgil Coy & Grace M. Elliott, 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:
I .
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Suburban Development (SD) is hereby for all
purposes changed and reclassified as Light Industrial District (M-1); such property being
more particularly described as:
The South 87.5 feet of Lot 8 & the North 12.5 feet of Lot 9, Block 6, Hickory
Creek Place Subdivision, Section 7, H.T. & B.R.R. Co. Survey, A-219, Volume
11, pages 1-2, Brazoria County Plat records. (14011 Suburban 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.
2
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. 509-288
PASSED, APPROVED, and ADOPTED on First Reading this I- day of
, 1999.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this narA-
CAA + day
of n`we-K
, 1999.
APPROVED AS TO FORM:
(1)-tria
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
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V Change in Zoning Classification from: S.L to: M
Change in Regulations in Section #:
Specific Use for: *
Property address: /./v 1/
, S:c bu r he/ •, g 4,J74' /1Y
-.ybegffr--
Subdivision: rgre..,4r/ C'ePz fJ /
Lot: s;g Block: %
Metes & Bounds Description:
(unplatted property only; attach survey) f °z c AV f e..4‹-1—.
Tax I.D. number:
. . Fic jitCti-S
Proposed use of land within requested designation: iSe csiAvess — Wit^
Record owner's name:„�r A (67 a,aar 4,-f.9ert. )07
Owner's mailing address: f,-1.-
0 2 ire Ac% /1y--- ,Z . 725-F/
/ --f� 6.--S'Sc1
Owner';, telephone number: 2,
Agent's name: 1
Agent's mailing address: Y\
1 G\
Agent's telephone number: Ii.\) e
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 signature: z„
Agent's signature: 'Y-1 I C
Fees .paid: $ irN IC
Date paid:
Received by:?h...............................................
ac'v.?,iof<::?J{:}}d
n..v{...}vn.:srnf.,f........ :::..:r ..............
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MARSHA LANE
SO SU8URBAN DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
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AFFIDAVIT OF PUBLICATION
The Pcarland Reporter News
2404 South Park
Pcarland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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. / Date /Q -
No Date
No. Date
No. — Date
No Date
191
19
19
19
19
Subscribe and ;;WOrII tO before MC this
day of O.
Laura Ann Emmons, Publisher
LIC HEARING OF THE CITY
COUNCIL AND THE .PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
PEARLAND,TEXAS
Notice is hereby given that on
the ?6th day of October,
, at 6,60 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
t iberty Drive, Peariand,
Texas, on the request of Virgil
Cpy &-Grace M. Elliott,
owner, for an amendment to
Land Useandlhtan
Development Ordinance of
said City from Classification
Suburban Development (SD)
to Light Industrial District (M-1)
on the following descry
Property, to wit
O' TheS 87.5 ftof Lot8, & the N
12.5 ft. of Lot 9, SIk.6, Hickory
Creek Place subdivision,
sect.7, HT&B RR Co. survey,
A-219, VoL 11, pg. 1-Z, plat
records of Braaorta Co., TX
N ". (14011 Suburban Garden
Rd.)
At said hearing all interested
arties shall have the right
nd opportunity to appear and
heard on the subject.
Young Lorfing
City Secretary
14
AFFIDAVIT OF PUBLICATION
The Pcarland Reporter News
2404 South Park
Pcarland, Texas 77581
Statc of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and i-Harri : Counties in the REPORTER NEWS, a newspaper of general
Circulation in Brazoria and Harris Counhe5, for / issues, as follows:
No. _ / Date g -P7/ 19 IR
No. Date
19
No. Date 19
No. Date -- — -- 19
No. Date 19
Subscribe and sworn to before mc this
day of��
�. ;,,�y oQot�r� �ararsaa�r �� • �
'• `` Commission Expires 9-9-02
Mr MN.,
HEAVING OF NE CITY
A*DTHEPLAti
AND ZONING COM
TIE CITY OF
IARLAND, TES
Notice is hereby given that on
the 26th day of October,
1996, at 6:30 p.m., the City
Council and the Manning and
Zoning Commission of the
Cfty of Peariand, 8razoria and
filett Counties, Texas, wN
conduct a Joirri Public
HareIng'in the Council
Chambers, City Halt 3519
L9401y Drive, Portland,
Nat on 91e e Virgil
Grace M. forananre rb
MaeandUrban •
Development Ordinance of
said City from Classification
Suburban Development (SD)
to tight Industrial District (M -I)
on the following described
property, to wit:
The S 87.5 ft of Lot 8, & the N
12.5 ft. of Lot 9, BIk.6, Hickory
Creek Place subdivision,
sect.7, HT&B RR Co. survey,
A-219, Vol. 11, pg. 1-2, plat
records of Brazoria Co., TX
(14011 Suburban Garden
Rd.)
At said hearing all interested
parties shall have the right
and opportunky to appear and
be heard on the subject.
1 March 1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 750
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, March 1, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban Development (SD)
to Light Industrial District (M-1) on the following properties, to wit:
Application No. 750
Owner: Virgil Coy & Grace M. Elliott
13502 Roy Road
Pearland, TX 77581
Legal: The S. 87.5 ft. Of Lot 8 & the N. 12.5 ft. Of Lot 9, Blk. 6,
Hickory Creek Place subdivision, sect. 7, HT& B RR Co. Survey,
A-219, Vol. 11, pgs. 1-2, Brazoria Co. Plat records. (14011 Suburban
Garden Road)
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Jack Mathis
to approve the application listed above.
" The motion to approve passed unanimously (4-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
SPAI-4/0c9fe
Maty Starr, Chairperson
Planning & Zoning Commission
City of Pearland
ORDINANCE NO.
SO$ -2$*
1 March 1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 750
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, March 1, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban Development (SD)
to Light Industrial District (M-1) on the following properties, to wit:
Application No. 750
Owner: Virgil Coy & Grace M. Elliott
13502 Roy Road
Pearland, TX 77581
Legal: The S. 87.5 ft. Of Lot 8 & the N. 12.5 ft. Of Lot 9, Blk. 6,
Hickory Creek Place subdivision, sect. 7, HT& B RR Co. Survey,
A-219, Vol. 11, pgs. 1-2, Brazoria Co. Plat records. (14011 Suburban
Garden Road)
The motion was made by Commissioner Tommy Scott and seconded by Commissioner Jack Mathis
to approve the application listed above.
The motion to approve passed unanimously (4-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
r,a*//t9rre
arr, Chairperson
Planning & Zoning Commission
City of Pearland