Ord. 509-330 10-11-99 ORDINANCE NO. 509-330
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 M, WESTGATE PARK SUBDIVISION, H.T.
& B.R.R. CO. SURVEY, A-243, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 655) (2629 WESTGATE)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
LIGHT IN DUSTRIAL DISTRICT (M-l) AT THE REQUEST OF ORLEN W. O'DAY
AND MICHAEL P. O'DAY, 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, Orlen W. O'Day and Michael P. O'Day, Owners, filed on December 4,
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
applications for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 5t~ day of April, 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 8t~ 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 Orlen W. O'Day and Michael P. O'Day, 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 September 27, 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 Orlen W. O'Day and Michael P. O'Day, 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 M, Westgate Park Subdivision, H.T. & B.R.P,. Co. Survey, A-243, according to the
plat records of Brazoria County, Texas (2629 Westgate)
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.
3
ORDINANCE NO. 509-330
PASSED, APPROVED, and ADOPTED on First Reading this ~'7~1
day of
TOM REID
MAYOR
ATTEST:
Y/~NG L~J~I~ICt~G.,//// '//,/
~ 8Eq, J~TARY ~/
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 1 j'''f h day
,1999.
of
TOM REID
MAYOR
ATTEST:
g.TUN G~~//7
Y ,~RETARY~" ~/
APPROVED AS TO FORM:
DA~,IN COKER
CITY ATTO RN EY
4
ORDINANCE NO
509-330
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 655
Request of Orlen W. O'Day and Michael P. O'Day, owners, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Surburban
Development District (SD) to Light Industrial District (M-I) on the following described
property, to wit:
Lot M, Westgate Park subdivision, H. T. & B. R.R. Co. survey, A-243, according to the plat
records of Brazoria Co., TX (2629 Westgate)
Honorable Mayor and Council Members:
At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 655.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
51
52
ZONE SD
ZONE R-1
48
2629 WES'rGATE
DFIIVE
H
G
F
D
C
B
J
B
K
L
200'
0~.)
ZONE SD
200'
ZONE SD
BROADWAY
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
GB GENERAL BUSINESS DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
2A
ZONE CHANGE
FROM
8D TO M-1
__ Change in Regulations in Section #:
__ Specific Use for: *
to:
Property address:oQ {~ ~0
Lot: M Blo~k: ~-4~ /4r~ ~
Metes & Bounds Description:
(unplatted property only; a~ach sun, ey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner'sname: O~L ~/r. ,~
Owner's mailing address: ?, O. ~ ~._ I q 0
Owner's telephone number: rO~ I _, L~5~
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As qwner/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 furore uses on properties in my vicinity.
Owner's sig~mture~,~.o.~"~
Fees paid:
Agent's signature: J~) ~r
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 f issues, as follows:
No. / Date 3 - 19 Ij
No. Date 19
No. Date
19
No. Date 19
No. Date 19
•
Q6hdet_ /-'rh 6Y\On 1-
cPresident
Subscribe and sworn to before me this z day of���� 1J
•
19
'URA A AMON
ex„ • ' blic,State of Texa,
,:kl l mrIT6 59 .her
Notary Public, State of Texas
Y
1
1
' LEGALS
. ll .
°,eadand,Brazoria and Harris h j
Counties,Texas,will conduct
A Joint Public Hearing in-the i
Council Chambers, City Hall,
519 Liberty Drive, Peadand, •
I'lexas, on the request of
11Arlen W.&Michael P.O'Day,
orner,for an amendment to
; 'e Land Use and Urban
i ,'Development Ordinance of
.did City from Classification
Suburban Development(SD)
;0cLi ht Industrial District(M-.
,:l 9
—-- ': :on the following described
°perry,to wit:
-- — - t 3't M,Westgate Park subdivi-
""' `' "`'' '` `'n, HT& B RR Co. survey,
' ><::- ::<:....... . ..._. .. ... I, 243, according to the plat
" P=,•ords of Brazoria.Co., TX
*-: � -='�+�S29 Westgate)
EARING.OF THE CITY 4.,, 1
�.COUNCIL AND:THE PLAN- I: J, 1
1.4ING AND ZONING COM-_ •t said hearing all interested
patties shall have the right .
_MISSION OF THE CITY OF �:�
and opportunity to appear and t�
I�EARLAND,TEXAS
bel.heard on the subject. (
otice is hereby given that on' ' -• d
of,,1 Y un Lorfing 5th day of April, 1999,at 4 g
te:30 p.m., the City Council Secretary F
acnd the Planning and Zoning dr
ommission of the City of; '4-`-''.#'",': ,. -`L_-i
•A - AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
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 follows:
No. / • Date 02 19
No. Date 19
No• Date 19
No. Date. 19
No. Date 19
President ��
Dscribe and sworn to before me this �-/
day of
41i
L^ RA A • • INS
fit_(1,iu l
,6 '4Wft ri a -f er
Notary Public, State of Texas
l Aublic' lfi�e '
rNOTICE 'OF A. JOINT
PUBLIC HEARING OF THE •
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND,TEXAS
Notice is hereby given that on
the 7th day of September,'1
t1999, at 7:00 p.m., the City 1
— . !Council and the Planning and
!Zoning Commission—of the-A-
t' City of Pearland,Brazoria and
If
Harris Counties,Texas will
Conduct a Joint Public
Hearing in the -Council--; ._
Chambers, City Hall, 3519 s
•l!iberty Drive, Pearland
Texas, on the request of• _I
Orlen W. and•Michael P. `. . :-1
O'Day, owner,for an amend •
(Went to the Land Use and, -_.I
Urban Development i . -
Ordinance of said City from
plassification 'Suburban' -
Development (SD)to Light
industrial District(M-1)on the -
• ollowing described property,
' wit: .•
l!ot M, Westgate Park
Subdivision, HT.&B RR Co.
-survey, A-243,according to
khe plat records of Brazoria '' -
I o.,TX(2629 Westgate)
-!At said hearing all interested
parties shall have the right
lland opportunity to appear
and be heard on the subject. ' '
j 7s/Young Lorfing
;}City Secretary . ''
APPLICATION NO.655 •
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 3- 0 19 11
No. Date 19
No. Date 19
No. Date 19
No. • Date 19
&i-r\GrA
President
•
Subscribe and sworn to before me this / day of 4/4‘,C-A.
19 "l 1
towir,,,:iniumwoot
.�:-••�
(44' ' togr lic L iis'
Commies e1cPrt� li ;her
�•"- V • ic, tate of Texas
.a.
f � ►4 2T2T Q
/}. ice'`.t :`'1.
is
OTICE OF , � �' d
IC HEARING OF THE CITY
OUNCIL AND THE PLAN-
!
`ING AND ZONING COM-
MISSION OF THE CITY OF
•EARLAND,TEXAS
Notice is hereby given that on
e 5th day of April, 1999,,at
•30 p.m., the City Council .
t nd the;Planning and Zoning
Commission of the City of
�eadand,Brazoria and Harris
ounties,Texas,will conduct
Joint Public Hearing in the
Vouncil Chambers,City Hall,
519 Liberty Drive,Peariand,
exas, on the request of
•orien W.&Michael P.O'Day,
.wner,for an amendment to
`tJre Land Use and Urban
r evelopment Ordinance of
::=aid City from Classification
,'Suburban Development'(SD)
tp Light Industrial District(M-
_') on the following described.
t3
o roperty,to wit:
Lot M,Westgate Park subdivi-
ion,HT&B RR Co.survey,
,-243, according to the plat
rrecords of Brazoria Co.,TX
629 Westgate)
T 1
,t said hearing all interested
e:dies shall have the right
ad opportunity to appear and
a.heard on the subject.
,,Dung Lorfing
'ity.Secretary
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 r' issues, as follows:
No. •
Date lD 19 •
�1 1
No. Date 19
No. Date 19
No. Date 19
No. Date 19
uJ
President
Subscribe and sworn to before me this l( day of tC� •
19 ��
j / ► .i _<<' LAUR' ' ►t li•►.
iq
L;,Cik ,y oErrifr 4oAttp POI*. er •
oo`E ' Commission Expires 9-9-02 1
o .ry r . , :s
ysr'
I
IC HEARING-O `THE.CITY-COUNCIL AND THE PLAN-
';N NG AND ZONING COM-
SSION OF THE CITY OF
7:ARLAND,TEXAS
s:Notice is hereby given that on
the 22nd day of February,
19b9, at 6:30 p.m., the City
Coincil and the Banning and
Toning Commission of the I
Cij of Peariand,Brazoria and j
•Hajns Counties, Texas, will
onduct -a Joint Public
tH'aring in the Council
G ambers, City Hall, 3519 1
I'Lib erty Drive, Pearland,
Texas, on the request of
Oilen W.&Michael P.O'Day,
owner, for an amendment to
:; he Land Use and Urban
,':Development Ordinance of '
_'said City from Classification ;
Stiburban Development(SD)
id Light Industrial District(M-
'1 on the following described
p operty,to wit:
iot M,Westgate Park subdivi
lion, HT& B RR-Co. survey,
.1�-243, according to the plat
records of Brazoria Co., TX
(2629 Westgate) .
At said-hearing all interested ;'
parties shall have the right
,:aid opportunity to appear and '
Lb.heard on the subject.
oung.Lorfing _
''ty Secretary
I
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 " 19 51
No. 0 Date 19
No. Date 19
No. Date 19
No. Date 19 _
rZtal•.. &itet.4 -r
6(4 '
resident
Fd3.
Subscribe and sworn to before me this day of
1ip
G A. EMMONS
'�Iis
dikegraart maop,gg i her .
Notary Public, State o as
Esc-
O
HEARING.OF THE CITY
UNCIL—AND-THE-PLAN-
NING AND ZONING COM-
MISSION OF;THE CITY OF
.:PEARLAND,TEXAS
Notice is hereby given that on
the 22nd day of February,
1999, at 6:30p.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
Liberty Drive, Pearland, •
Texas, on the request of
Orien W.&Michael P.O'Day,
I owner, for 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 described
property,to wit:
Lot M,Westgate Park subdivi-
' sion, HT&B RR Co.survey,
A-243, according to the plat
records of Brazoria Co.,TX
(2629 Westgate)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
•
Young Lorfing
City Secretary.—--- - -
APPLICATION NO.655