Ord. 509-277 01-25-99 ORDINANCE NO. 509-277
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 LOT 10, BLOCK 9, HICKORY CREEK PLACE ADDITION, AS
RECORDED IN VOLUME 11, PAGES 1-2, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 549) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL
DISTRICT (M-2) AT THE REQUEST OF T.J. "TOM" HODGES, 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, T.J. "Tom" Hodges owner, filled on September 23, 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 application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 15th day of January, 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 18th day of January, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by T.J. "Tom" Hodges,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 January 25, 1'999, 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 T.J. "Tom" Hodges, owner, 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 District (SD) is hereby
for all purposes changed and reclassified as Heavy Industrial District (M-2).
Lot 10, Block 9, Hickory Creek Place Addition, as recorded in Volume 11,
pages 1-2, plat records of Brazoria County, Texas
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.
2
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
hereinabove described property.
approval herein granted for the reclassification of the
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-277
PASSED, APPROVED, and ADOPTED on First Reading this2~"'F~"~day of
,1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of/~/~,(.~',~ ,1999. ~,~,.~
T~~
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
f~'?~'J'day
,i CH Y O!.' !q{A!II.AN!) [.
Z()N!'; (.':HAN(;I:: Alqq.!(:A'!'ION
revi.,ed 3.~5."96
,. ('lmn:.~.' ip/,,mn:~ ('la,,it'i,:alt,qt I~ont -:";:~ ;,> _. v ~.
Change in Regulations in Section #:
__ Specific Use for: *
Property address:
I 421 5 SUBURBAN GARDENS
Lot: 10 Block: 9
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
ATTACHED
HICKORY
CREEK PLACE
Tax I.D. number:
76-0287579
proposeduseoflandwithinrequesteddesignation: HEAVY EQUIPMENT REPAIR,
CRANE BOOM REPAIR, HEAVY FABRICATION-WELDING & MACHINE SHOP
Record owner's name:
CRANE TECHNOLOGIES INC
Owner's mailingaddress: P O BOX 3'036 PEARLAND TX 77588-3036
Owner's telephone number: (281) 485-6790
Agent' s name:
T. J. "TOM" HODGES
Agem's mailing ad&ess: P 0 BOX 3036 PEARLAND TX 77588-3036
Agem's telephone number: (281) 485-6790
PETITION: As owner/agem, 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.
38 d
ZONE SD
14215 GARDEN.--,,.,/'.''''/
ROAD .
40
10
11
ZONE R- 1
12 10
MARSHA LANE
ZONE SD
~~ ZONSD
12
ZONE SD
SD
R-1
M-2
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
HEAVY INDUSTRIAL DISTRICT
ZONE CHANGE
FROM
81) TO M-2 ......
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AI
Tex:j.S' 775~1' :': !''
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State of Texas :~'J'. !i ;::~i;:. ':[ ;::.'i!i: :'i ;!:...'i~ ~ :!
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':!::;i"'~f:;,~,,;i,:,i',: :i' i'~:, :~':2
Brazoria and Harris !~!~'E~!:!!E!:ti!!.!!!i~i;] :~:i:::!!.:!~!. :!: =:Z '.
:: !' ",: ~'.' ~': ;: :: ,. j';;' t , :' ,:
I, Joan Cummings, ;,il. ifY, i,that the n~ti:cE liereby'appended was published
in Brazoria and Harri :ounties :in 'the REPORTER 'REWS','a newspapcr o[ gcncral
circulation in Brazori~=: .... '
'~;'~' ~,.::.::~ issues, as follows:
No.
, ,, ,,, : . ,:
19
19
19
~,~;~(QTI'CE 'OF JOINT PUBLIC
~EARING OF .*THE CITY
;;OUNCIL AND THE PLAN-
NING AND.ZONING COM-
· MISSION· OF THE CITY OF
. ~PEARLAND, TEXAS
Notice is hereby given that on
the 1 lth day of January 1999,
at 6:30 p.m., the City Council
· and the Planning'and Zoning
CommisSion of the City of
: Pea~and;Brazoriaehd; Harris'
Counties, Texas,. will conduct
a Joint Public. Hearing in the
~ Council Chambers, City Hall,
3519 Libely Drive, .pearland,
Texas~ on ':the mqi~e~t of T. J.
~ Hbi~ge.S.;:a~nt,f~;!'Mut~::Ear,
'i ' enrro .t~.q:,.~ad'
· '~rdinanC~.'oi"said. City from
:~eveJoprp.~ni= .(.$.D.I; to 'Heavy
:. ~'~du'st~al ~i~ri~'(~2) o., the
· ilowing .:d~.~S~:rib:~ ...pr~p, er~y,
.'...
?...~:' p., ,., ....
~ ~i~;'AUdni~;~',.~s r. orded in
~,;!"[~: "';; 'i;'2: Plat Re~ords
',~ '~.l~'~l~'~{Co;~' X (142t5
a h' T
' .? ,!~,:,::-~, '~.i,,'.:,, ' '.',.:,
',parties shall
iand op o~ toa~nd
Statc o~ Texas
,i
Brazoria and Harris Co[~tics"
'ION
I, Joan Cummings I~.~i n01.ic ~h~!~:ebyappended was published
in Brazoria and Harrii:~!=, ir~tie's:in the REPORTER'NEWS, a newspaper el general
circulation in nrazo.'i~&'~U;.;:Ft~i',h~i~C:b~'~i~:~:~i~F~,:~:.;,;~Z::,:. :~ 'issues as lollows-
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19
-".H..F. ARING OF "THE.:CI~Y
·eOUNCIL AND THE'PI,AN-
· NiNG AND ZONING COM-
MI$SION OF THE CITY OF
· pEARLAND, .TEXANS
. Notice is herebl;gNen that on
the 1 lm day of.J.q..guary 1999;
~6:3o p.m.; .ih~= ~i~
d the. I~m'1'~1,9: a~l Zo, i~g
. ~mn~'i~j on..'o~ the Oity of
... . ..... .: ..... .
Council Cherubim, City .Hall,.
· 3p19 Liberty Drive, Pearland.
'= ~xas, on the request of:T. J.
. HodgaS, agent for Mule ,Ear,
~ ~1~., .ownere -tot an amend-
'tjrban ' ' D~'V~i~pm~r~t
Ordinance of said City from
~iGliowi~g descdbed'~L~>~hY,
!'. ". w!t;· ' ' .'.
'~for B./e~;! ;.'i.5
~'s~=''''''"'~''' rcl.~ ~*,'. *
~":~'!~' n' "' ~' i';:"'~
~!';~nthe'subject. :. '
January18,1999
ORDINANCE NO.
509-277
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 547, 548, 549
Request of the following owners for an amendment to the Land Use and Urban
Development ordinance of said City from Classification Suburban Development (SD)
to Heavy Industrial District (M-2) on the following described property, to wit:
Application No. 547
Legal Description:
The N 1/2 of Tract 26, see. 8, HT& B RR Co. Survey
A-504, Allison Richey Gulf Coast Home Co. subdivision
according to the plat records of Brazoria Co., TX
Owner:
James F. Fuller
P.O. Box 1305
Pearland, TX 77588
o
Application No. 548
Legal Description:
Being 4.00 ac. out of Lot 39, Allison Richey Gulf
Coast Home Co. subdivision, see. 8, HT& B RR Co.
survey, A-504, Vol. 2, pgs. 23-24, plat records of
Brazoria Co., TX
Application No. 549
Legal Description:
Lot 10, Blk. 9, Hickory Creek Place addition, as recorded
In Vol. 11, pgs. 1-2, plat records of Brazoria Co., TX
Owner:
T.J."Tom"Hodges
Crane Technolo~es, Inc.
P.O. Box 3036
Pearland, TX77588
Honorable Mayor and Council members:
The Planning mad Zoning Commission, at a regular meeting held on January 11, 1999, at~er the
Joint Public Heating, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Nghiem Doan and seconded by Commissioner Jack Mathis.
to approve Application No. 547, 548, & 549.
Motion to approve passed by a vote of 5-0.
This is submitted for your consideration.
Sincerely,
M~~a~, Chairperson
Planning and Zoning Commission