Ord. 509-342 10-25-99 Failed ORDINANCE NO. 509-342
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 LOT 9, BLOCK 3, HICKORY CREEK PLACE
SUBDIVISION, AS RECORDED IN VOLUME 11, PAGES 1-2, OF THE MAP
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 782) (14004
O'DAY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REOUEST
OF DON & MARGARETTE CHASTEEN, 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, Don & Margarette Chasteen, Owners, filed on April 9, 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 13th of September, 1999, a joint public hearin§ was held before the
Plannin9 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 23r~ day of September, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Don & Margarette Chasteen, 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 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 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 Don & Margarette Chasteen, 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 District (SD) to is hereby
for all purposes changed and reclassified as Light Industrial District (M-l); such property being
more particularly described as:
Lot 9, Block 3, Hickory Creek Place Subdivision, as recorded in volume 11, pages 1-2,
of the map records of Brazoria County, Texas (14004 O'Day Road)
I1.
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. 509-342
PASSED, APPROVED, and ADOPTED on First Reading this
day of
ATTEST:
TOM REID
MAYOR
~TY SECI~ETARY 4/
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October 8, 1999
ORDINANCE NO
509-342
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 782
Request of Don and Margarette Chasteen, owners, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
District (SD) to Light Industrial District (M-l) on the following described property, to wit:
Lot 9, Block 3, Hickory Creek subdivision, as recorded in Vol. 11, pgs 1-2, of the map
records of Brazoria Co., TX (14004 O'Day Road)
Honorable Mayor and Council Members:
At a regular meeting held on September 20, 1999, after the Joint Public Hearing, the Planning
and Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Vice-Chairperson
Tommy Scott to recommend approval of Zone Change Application No. 782.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Chairperson
FROM kU RHONE NO. :
~-I I ¥
ZONE CIIANGE APPLICATION
~ Chan~e in Zonin~ Classification from'
Change in Regulations in Section #:
Apr. 09 1999 12:14PM P3
Uae fac *
Property address: 14004 0day Rd.
Lot; .~ Block: 3
Metes & Bounds Description:
(unplaffed property only; attach survey)
Ta×l.D. numbe<
Proposed use o/land wRhinrequested des~nation: Temporary storage of dry freight and
nmp~y tr~lers.
Record owner's name: D~n and MarKaretCe Chaateen
Owner's mailing address: a?n9 ~.~j, Ben4 Dx-. Pearlar,~., TX
Owner% telephone number: 281-489-1222
Agent'sname:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I her~b'/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, (3D), I acknowledge that sucl~ use
may be incompatible with~ ,..current and future, uses on... properties in my vi,cinity.
/
"' -BUTLER DRIVE
ZONE
20
~NE
R-1 1 12
ZONE
R-2
ZONE R-1
+/"' ONE R-' 10
200'
32
14004 O'DAY
:lOAD
ZONE5 R- 1 5 Q
15 7
NE R-1
ZONE R-1 OLIN I
zro ' R- F --
/ 1 / 12 $/o/
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
GB GENERAL BUSINESS DISTRICT
34
ZONE R-2
ZONE CHANEIE
FROM
8D TO M-1
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter N, eWs
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 follow.s: .
NO. ,
NO.
NO.
NO.
No.
/ Date ~'~. 2-~ 19. ~'~'
Date 19
Date
19
Date
19.__
Date
19
bscribe and sworn to before me this
day of ~
Notary Public, State of Texas
PEARL.AND, TEX~ ~
the l~{h day of September,'
1999,' at 6:~0 p.~., ~he City
Council and'the Planni~ a~
ia and