Ord. 509-541 11-12-01 ORDINANCE NO. 509-541
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 1.878 ACRES IN LOT 52, ALLISON
RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 29, H. T. & B.
R.R. COMPANY SURVEY, A-292, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 101, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 996) (5418 MAIN STREET) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT
INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF, JOHNNIE B.
WALLACE, 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, Johnnie B. Wallace, Owner, filed on September 10, 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
WHEREAS, on the 9th day of October, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-541
proposed amendment application by, Johnnie B. Wallace, 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 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 Johnnie B. Wallace, 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 Light Industrial District (M-l); such
property being more particularly described as:
1.878 acres in Lot 52, Allison Richey Gulf Coast Home Co. Subdivision, Section 29,
H. T. & B. R.R. Company Survey, A-292, according to the plat recorded in Volume
2, Page 101, plat records of Brazoria County, Texas (5418 Main Street)
I1.
The City Council of the City of Pearland finds and determines that the recitations in
ORDINANCE NO. 509-541
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.
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 exemise 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. 509-541
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 22 day of
October ,2001.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day
of November ,2001.
TOM REID
MAYOR
/ ATTEST: /) .-
4
ORDINANCE NO. 509-541
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ZONE CHANGE APPLIC~-TION
revised 5/9/00
JChange in Zoning Classification from: . ~ D
Change in Regulations in Section #:
Specific Use for: *
Prope y ad.ess: 6'q / g
Metes & Bounds Description:
(unplatted property only~ a~ach survey~
Current use of land: ~0 ~.a~e/2,/ / g~.~6.~/ .~,,~
Proposed use of land within requested designation:
Owner's maB'ng address: Of]-'D
Owner's telephone number: ~1- qq 7' '~'~
Agent's name:
Agent's mailing afldress:
Agent's telephone number:
As owner/agent, I hereby petit~o 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.
signature:
Fees paid: $ · Date paid: /(~)- ~ /
~ ~ Application number:
ZONING APPLICATION NO. 996 "
Johnnie B. Wallace w.]~
5418 Main Street s
ZONING APPLICATION NO. 996 ~; city
area zoning map
Johnnie B. Wallace
5418 Main Street
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
gtate of Texas
.~alveston and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
~irculation in Galveston, Harris and Brazoria Counties, for / issues,
No. [ Date '~ ' ] '~ 20 a !
No. Date 20
No. Date 20
No. Date 20
No. Date 20.--
ubscribe and sworn to before me th ~s 7.o . day of ~
0 o I ~sher
Notary Public, State of Texas
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 Oounties, for / issues, as follows:
No. I Date '~' ?--(,, 20 ~/
No. Date 20
No. Date 20
No. Date 20 __
No. Date 20 --
Subscribe and sworn to before me thisg3 day of ~,
20 01sher
Notary Public, State of Texas
October 9, 2001
Honorable Mayor and Council Members
City Hall
Pcarlaud, Texas 77581
Re: RECOMMENDATION TO TI:[E CITY COUNCIl, ON ZONING APPLICATION
NO. 996
Request of Johnnie B. Wallace, 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:
1.878 acres in Lot 52, Allison Richey Gulf Coast Home Co. Subdivision, Section 29, H. T. & B.
R.R. Co. survey, A-292, according to the plat recorded in Vol. 2, pg 101, plat records of
Brazoria Co., TX (5418 Main Street)
Honorable Mayor and Council Members:
At a regular meeting held on October 8, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Robert Scherrer and seconded by Commissioner Russ
Selemon to forward Zoning Application No. 996 to City Council for approval with no further
discussion.
Motion to approve passed 6 to 0.
This is submitted for your consideration~
Sincerely,
Planning & Zoning Commission