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Ord. 509-483 08-28-00 TabledORDINANCE NO. 509-48 TABLED 8/28/00 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 9.469 ACRES OF LAND SITUATED IN THE EAST % OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, H. T. & B. R.R. CO. SURVEY, A-241, BRAZORIA CO., TX (APPLICATION NO. 934) (6614 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF ORLEN W. & 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. & Michael P. O'Day Owners, filed on June 22, 2000, 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 24th of July, 2000, 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 8th day of August, 2000, 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. & Michael P. O'Day, Owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit ORDINANCE NO. 509-483 "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 August 28, 2000, 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. & Michael P. O'Day, Owners, 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: 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 Heavy Industrial District (M-2); such property being more particularly described as: 9.469 acres of land situated in the East % of the Northwest 1/4 of the Northeast 1/4 of Section 15, H. T. & B. R.R. Co. Survey, A-241, Brazoria Co., TX (6614 Broadway Street) 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. 2 ORDINANCE NO. 509-483 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. 509-483 PASSED, APPROVED, and ADOPTED on First Reading this day of , 2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2000. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 JUN-22-00 04:25 PM O•➢AY'S 2814850386 P.02 Change in Zoning Classification from: JD to: f" 1 Change in Regulations in Section ft: Specific -Use for: * _ Propeny address; Lp U L 'anion DWI 7 2LI I i--1.1" o Lot: 2,C,1 Block: I Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: 02'4 Subdivision: Onn'� - C Proposed use of land within requested designation: EY-I T INC/ r-t AAk ' WA/LC Record owner's name: 0 R G W Owner's telephoto number; Agent's name; Agent's mailing address: Agent's telephone number: h1 C2. Q' i�4/ 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, GA), I acknowledge that such use may be incompatible with current and future uses On properties in my vicinity. Owner's signature; Fees paid: $ y) L-- Received by: '�%J Agent's signature: 23 BROADWAY 10 R-1(160) 0 R-1(154) � m 2F 2E 0 cn O w 15 WEST 19 City of Pesiland Texas ora.EN a McHAEL ow►r ZONECHANGEOE FROSD TO M-2 Al!. N.S34 � JUNE. 2000 0.n inJ.E.& fA: G. NMIUN501I 00-8044 HOfa:1'•700' CAD fie SHEET Oi 1 August 8, 2000 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATON NO. 934 Request of Orlen W. & Michael P. O'Day, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Heavy Industrial District (M-2) on the following described property, to wit: 9.469 acres of land situated in the East % of the Northwest' of the Northeast' of Section 15, H.T.&B. RR Co. Survey, A-241, Brazoria County, TX (6614 Broadway Street) Honorable Mayor and Council Members: At a regular meeting held on August 7, 2000, after a 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 Charles Viktorin to recommend approval of Zoning Application No. 934. Motion to approve passed 4 to 1. This is submitted for your consideration. Sincerely, nn Mary St Chairman hgt Planning & Zoning Comnssion FIRST READING OF ORDINANCE NO. 509-483 - 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 Page 3 of 20 - 8/28/2000 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 9.469 ACRES OF LAND SITUATED IN THE EAST Y2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, H. T. & B.R.R. CO. SURVEY, A-241, BRAZORIA CO., TX (APPLICATION NO. 934) (6614 BROADWAY STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF ORLEN W. & 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. Mr. Tobin Maples, Director of Administrative Support. Councilmember Beckman made the motion, seconded by Mayor Pro-Tem Seeger to approve Ordinance No. 509-483 (Application No. 934) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 934. Charles Upshaw, 6634 Heron Ln, addressed Council and stated that he is a business owner in town, and everybody knows the O'Days in town. Mr. Upshaw stated that he feels that the ordeal, the City has put them through the last three years is ridiculous. He further stated that they needed Council's help to get this resolved and he is for them. Emma Vaughn, 2005 Cullen, addressed Council and stated that she has known the O'Day family for 30 years. They render a great service to the community. Ms. Vaughn stated that she is opposed to the change of this property to Heavy Industrial M-2. Joe McWhorter, 2322 Hawk Meadows, addressed Council and stated that he is the vice- president of his Home Owner's Association. He asked Council for consistency with the Comprehensive Plan and further stated that he is opposed to this land use change. Tom Amundsen, 9447 Gates Loop, addressed Council and stated that he has know the O'Day family for 14 years and does business with them. Mr. Amundsen stated that he is in support of this land use change. Mike O'Day, 6614 Broadway, addressed Council and stated that as Council knows they own O'Day Hardware. He further stated they are asking for a zoning change, not because that is what they want to do. The City has taken them in, and in order for them to do their business, they must change their zone, and what they need from the Council and from their friends that are out here is the understanding to take a look at what they do, analyze what they do, and come up with a zoning system that will work for them. As Page 4 of 20 - 8/28/2000 adjoining residential, is spot zoning as a prime example. Spot zoning is poor, it is bad, and he encouraged the Council to turn down the M-2 zone on this piece of land. He also encouraged the Council to try to work with the O'Days and work out some type of zoning where they will be able to continue to their current business. Wayne Clark, 2301 N. Main, addressed Council and stated he is Senior Vice -President of Pearland State Bank. It is very seldom that they will take a position to a particular zoning changes. He stated that they feel granting an M-2 for that particular location makes good business and community sense. Mr. Clark asked the Council to consider M-2 for that particular location. Richard R. Williams, 1211 Crystal Lake Circle East, addressed Council and stated that he is representing the Crystal Lake property owner's association. Mr. Williams asked that Council deny the request for this land use to M-2. Mark Haddock, 624 Westfield, addressed Council and stated that he has been in the situation where a business had to be moved after being annexed by the City because he could not grow. He stated the issue is zoning. The City has their rules and regulations, and these rules and regulations cannot be dictated in the manner by which they are hourly business, and not concentrate the spot zoning issues. Wayne Stahlheber, 12811 Eiker, addressed Council and stated he is in support of the land use change of the O'Days property. Diane Leaverton, 2310 Buckholt, addressed Council and stated she is opposed to this zone change and mostly because FM518 is a main corridor through the City, rezoning this land to heavy industrial sets a dangerous precedence of spot zoning which goes against the Comprehensive Plan, and the current land use was grand fathered so, even if the property is sold the current land use continues. Right now the current operator can continue to operate. Rezoning this property to heavy industrial zoning permits a wide range of uses for this land, many of which are inappropriate for residential areas. Connie O'Day, 6213 Dublin, addressed Council and thanked everyone for all their wonderful comments about the O'Day family. She stated that they are not here to ask for special favors because they are the O'Day's and have lived here forever. They are here to ask for a zone change to meets the guidelines of the type of business they are. As far as spot zoning they do not have a choice there either or does the City when annexing certain areas. In closing she asked the Council to please consider this land use change request. Page 6 of 20 - 8/28/2000 Kyle Hunt, 2922 Veva St., addressed Council and stated that he feels that should be awarded the M-2 zoning because a company should be allowed to grow with a community. Robert Melinden, 2911 Abbey Field Dr., addressed Council and stated that he is opposed to the O'Day's land use change, he is opposed to designation of M-2. He states that they need to be put into a zoning with some exceptions if possible until something is recategorized so they can continue to do their business and expand. Tom Alexander, 208 Nottingham, addressed Council and stated thathe has been trying to upscale Pearland. Mr. Alexander gave a brief overview of the growth of Pearland. He further stated that the businesses are needed to help support a City. Mr. Alexander stated he is for this zoning and does not think it will hurt anyone. John Matejek, 4903 W. Pearland, addressed Council and stated that O'Day Hardware is one of the best companies in town to do business with here. Mr. Matejek stated that he is in support of the zone change. Ruth Hollingshead, 1800 O'Day Road, addressed Council and stated that they have two Pearland properties and they have recently requested M-2 zoning for their property and was granted the request. She stated that she is also in support of this land use change. Lengthy discussion between Council and Staff ensued and after that discussion motion was made to table this item to possibly conduct a workshop or find possible alternatives to the zoning of this property to continue and to expand maintaining their current type of operation. Councilmember Marcott made the motion, seconded by Councilmember Wilkins to table Ordinance No. 509-483 (Application No. 934) on its first reading. Voting "Aye" Councilmembers Wilkins, Marcott, Seeger, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Mayor Reid with concurrence of Council moved back to New Business Item No. 1. Page 7 of 20 - 8/28/2000 they have analyzed with the Planning and Zoning Commission and City Council the things that they do in their business operation requires them to apply for an M-2. He also stated if they can't supply the services they cannot be competitive. Mr. O'Day stated they like doing business here and asked for Council's help. Suzanne Elliot, 6614 Broadway, addressed Council and stated that all they are asking is to continue doing as they have. At the Joint Public Hearing they did not have any negative comments or complaints from their immediate neighbors. They try to run a very neat, quiet, orderly business. She further stated that pipe treading and the storage of cement is only allowed in M-2. She also stated that they have very diverse neighbors, they have residences on one side, apartments directly beside them a real estate office that borders the business and a Church across the street, and they have never had any complaints. There is very mixed zone area, and there are seven other M-2 Districts within a half mile of them. Ms. Elliot said that all they are asking for is to operate just as they have done in the past and they will operate with the same consideration toward the neighbors and environment as they have in the past. They take pride in their business and understand zoning is a problem, and cannot retrofit zoning. Growth is the only way to succeed and they ask the Council's consideration so they can continue to do that. Stephanie Edwards, 1821 Garden Road, addressed Council and stated she represent a few of her neighbors and they are in support of the land use change and extend their vote of confidence to the O'Day family. Tom Hodges, 2233 Garden Road, addressed Council and stated that he and his wife own Crane Technologies, and started their business more than 11 years ago and thanked Pat O'Day for their success in Pearland. He stated that you must work with people within your community. You have to be concerned with everyone. Mr. Hodges stated that he is in support of this land use change. Orlen Pat O'Day, 6614 Broadway, addressed Council and stated that he has been a resident of Pearland almost 74 years. Mr. O'Day stated that they are requesting M-2 because they have thread machines, store cement products, outdoor pipe storage, welding machine shop, build equipment in their yard, and light manufacturing. He stated that Council ought to vote unanimously to put M-2 out on their property. Mr. O'Day thanked Council for their consideration. Richard Tetens, 2105 W. Mary's Creek, addressed Council and stated he agrees with what everyone has said about the O'Days and the O'Day business, and we do need them. As far as zoning goes, it goes with the land, we are not zoning people. When you zone the land M-2, it stays that way forever. He stated that M-2 in that area would be Page 5 of 20 - 8/28/2000 ORDINANCE NO. 509-483 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 9.469 ACRES OF LAND SITUATED IN THE EAST % OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, H. T. & B. R.R. CO. SURVEY, A-241, BRAZORIA CO., TX (APPLICATION NO. 934) (6614 BROADWAY STREET) FROM CLASSIFICATIBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL ► TR T M-.') AT fib THE REQUEST OF ORLEN W. & MICHAEL P. O'DAY, 0 NER RO DI G FOR AN AMENDMENT OF THE LAND USE DISTRICT MA'; INING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Orlen W. & Mhael P. O'Day Owners, filed on June 22, 2000, 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 24th of July, 2000, 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 conformer with, provisions of Section 28.3 and 28.4 of Ordinance No. 509; and d WHEREAS, on t 'e 8thgd, j of August, 2000, the Planning and Zoning Commission of nd the City submitted its rep recommendation to the City Council regarding the proposed amendment application by, Orlen W. & ichael P. O'Day, Owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit 1 ORDINANCE NO. 509-483 "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 August 28, 2000, and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fullyadvised in the premises, finds that in the case of the application of Orlen W. & Michael O'Day, Owners,presented which, in the judgment of the Y J 9 City Council, would justify the approval of said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: 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 Heavy Industrial District (M-2); such property being more particularly described as: 9.469 acres of land situ Section 15, H. T. & B. R. in the East %2 of the Northwest 1/4 of the Northeast 1/4 of 'survey, A-241, Brazoria Co., TX (6614 Broadway Street). 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. 2 ORDINANCE NO. 509-483 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. 509-483 PASSED, APPROVED, and ADOPTED on First Reading this day of , 2000. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2000. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4