Ord. 509-281 02-08-99ORDINANCE NO. 509-281
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 BEING LOT 2, PEREBOOM SUBDIVISION, RECORDED IN A
MAP OR PLAT, VOLUME 18, PAGE 139, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 545) (13800 O'DAY ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF HOLLINGSHEAD
LIVING TRUST, 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, Holingshead Living Trust, owner, filed on September 23, 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 February, 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 2nd day of February, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Hollingshead Living Trust, 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)
1
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 February 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 Hollingshead Living Trust, 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); such property
being more particularly described as:
Lot 2, Pereboom Subdivision, recorded in a map or plat, Volume 18, Page 139,
plat records of Brazoria County, Texas (13800 O'Day 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.
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.
ORDINANCE NO. 509-281
PASSED, APPROVED, and ADOPTED on First Reading this
,1999.
TOM REID
MAYOR
ATTEST:
day of
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading thisC2~ay.
~'~~Y ,1999.
Ei~ ~
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
...... Change in Zoning C. lassificatio,~ from. _. __
'EXHIBIT
....-. . ..-..-... ;.-...-.--.->.;-~: .~.~
"..' crrY OF PEARLA,': ,. ..'.'.Li~:~' ~
ND~TiON ~
ZONE CHANGEAPPLIC..'~ ~ . :"""'~!.'
' .'i'.." :...".::.':.,-evise~t 315./96 '....: ': '..: ))'. '~'~',":" ".'..,..........'
I
5o t,,: ,.;-2 i
Change in Regulations in Section #:
Specific Use for: *
Property address:
13800 O'Day Road, Pearland, TX 77581
Lot: 2 Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: Peteboom Subdivision
Volume 18, Page 139, of the Plat Records
of Brazoria County, Texas
Tax I.D. number: 479-44-7475
Proposed use of land within requested designation:
Manufacturing~
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Hollingshead Living Trust
Gary J. Hollingshead, Ruth
E. Hollingshead., Grantors, Trustees
13800 O'Day Road, Pearland, TX 77581
Office: 281/485-4440 Home: 281/485-0185
Age~'s name: Ruth E. Hollingshead
Age~'s mailing address: 13800 O'Day Road, Pearland, TX 77581
Agent's telephone number: Office: 281/485-4440 Home: 281/485-0185
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.
Agent' s signature: ~ ~. ~_~.4~~e~
Date paid: ~- Z2 ~- ?C~/
ApplicatiOn number: ,.___.."-'; z/..,5 , .',, "
9
HICKORY SLOUGH
200'
'
LOT 1
L)
2O
29
13800 O'DAY
------~"""'~ROAD
BUTLER
1~-" 12
Ld
G10
OWNERS: ~ & RU/H HOLUNGSHEAD,
CIty of Peitand, Texas
SD
R-1
R-2
M-2
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
HEAVY INDUSTRIAL DISTRICT
ZONE CHANGE
FROM
8D TO M-2
,~ ~ kin,, sHrcr
oeb: NOV.. 1995 VEKr :1'- 1
Chkd mp D~ SMrlI-I ~8-8267 OF I
,:"AFFIDAVIT OF'PUBLICATION
The Pearland ReporLer News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 /" /
No. Date 19
No. Date 19
No. Date 19
No. Date
19
Subscribe and sworn to before me this'
19~(~
~bll~e is he/~by gjVen:that!~ri":
~nd the Plahning ~nd Zohing'
..Commissloh. 0~ th~.'C'il'y of.
. ~Pearland, Bmz0~a,and Ha~s
":~ounties, Te~s. will ~nd~t
· a Joi~t~:Public. Headng .~ the
j~ '~ou~cil:.Chambem, Cj~:Hall,
,~, .'.~519 Libedy D~ve, Peada~,
i"" Texas, 0h the ~u~ 'of Ruth
[' E. & Gary J. Hollingshead,
~Trustees,. agent for
t"; :H°llingshead Liv ng Trust,
,:::, .pwner for an amendment.to
:~Xhe Land Us~ and Urban
'~ ~ev~lopment Ordinance of
.' said City..fmm Classification
' ~SubU~an Qevelopment (SD)
'., 2r co~ i'
EXHIBIT
AFFIDAVIT OF'PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 / -- 7_.c, 19 ~¢
No. Date 19
No. Date
19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 ~(~
2f
-Notary Pu43{ic, State of~Texas
PLAN-
.NmG AND ZON~NG.eOM-
MISSION ,OF' THE:~CITy. OF
PEARLAND~ TEX:~$'
Not;ce .is herebygivqn.that on
the first.'day Of F.e~ruarY "~ 999
at 6:30 p.m., ~he C ty
itnd tt~e .15!a'nnir~g'an~.Zot~i~g
CommissiOn'of'the Cii~/. of
Pearlarid, Bmz0rkl and H~rds
Counties .'[.exas,,wil conduct
a Joini .Pub ic. ~eadng .n the
Council Chamber. s, City .Idall,
3519 Libeity' Drive, .Pead',and,
.,TruSt:
the
.'for
:t,
ORDINANCE NO. 509-281
2 January1999
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
lIE: Zoning Application No. 545
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, January 1, 1999. The owners requested 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 properties, to wit:
Application No. 545
Owner:
Hollingshead Living Trust
13800 O'Day Road
Pearland, TX 77581
Legal:
Lot 2, Pereboom subdivision, recorded in a map or plat, Vol. 18,
Pg. 139, plat records of Brazoria Co., TX (13800 O'Day Rd.)
The motion was made by Commissioner Mathis and seconded by Commissioner Beltz to approve
each of the applications listed above.
The motion to approve passed unanimously (4-0).
Please read this information into the official records of the City of Pea~and and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
M~W S~a';r, Chairperson
Planning & Zoning Commission
City of Pearland