Ord. 509-318 9-27-99 ORDINANCE NO. 509-318
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 THE SOUTHWEST 1/4 OF LOT 35, H.T. &
B.R.R. CO. SURVEY, A-219, RECORDED IN THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 654) (14405 GARDEN
ROAD) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT (SD)
TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF ORLEN W.
& PHYRNE R. 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. & Phyrne R. 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 application
for amendment attached hereto, and made a part hereof for all purposes, as Exhibit"A"; and
WHEREAS, on the 9th day of August, 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 24th day of August, 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. & Phyrne R. 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 Heavy Industrial
1
District 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 September 13, 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. & Phyrne R. 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) is hereby
for all purposes changed and reclassified as Heavy Industrial District (M-2); such property
being more particularly described as:
Being the Southwest 1/4 of Lot 35, H.T. & B.R.R. Co. Survey, A-219, recorded
in the plat records of Brazoria County, Texas(14405 Garden 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.
2
Ill.
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. 509-318
+h
PASSED, APPROVED, and ADOPTED on First Reading this i 3 day of
Se/pi-en-, he_r , 1999.
Aid
TOM REID
MAYOR
ATTEST:
A l- /I A' .
0 1 NG '� 'y'G /
Y SE' ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24 h day
of cP , 1999.
TOM R ID
MAYOR
ATTEST:
s '! . ce.
G4�e-
ITY•UN RETARY /
APPROVED AS TO FORM:
( 1/NA/■,.-ijnk_
DARRIN M. COKER
CITY ATTORNEY
4
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VChange in Zoning Classification from: S to: M A
Change in Regulations in Section #:
Specific Use for: *
Property address: I 1-414 O 5 C. 2� ( Qoiu
5 ' /�
Lot: ,5 Block: 21 g NTH Subdivision:
Metes & Bounds Description:
i (unplatted property only; attach survey)
Tax I.D. number: OaiI —
oOa5 - COcDo
Proposed use of land within requested designation: ---pU HP X110(IPA C Iv(a
MILLI
Lb I FA1 _i(JA- 1od L-ZL 60LV
Record owner's name: � f � w. ? y 1, C' A y
Owner's mailing address: ?. 0 . 604_ I 41 iEA / L4k ,(, r7r-15 ZS
11, Owner's telephone number: a, I — - 11 ag - 5- I 5
Agent's name:
Agent's mailing address:
Agent's telephone number:
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 acd future uses on properties in my vicinity.
Owner's signature: ` ' Agent's signature: it) 4
Fees paid: $ ku Date paid: _ l q
Received b «:. ` ,,/ ;
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ZONE SD AA ZONE SD
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City of Poetised, Texas
ORLEN a PHYRNE O'DAY
ZONE CHANGE
SD SUBURBAN DISTRICT 8D TO M-2
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT AN 4. 854 fain SHEET
M-2 HEAVY INDUSTRIAL DISTRICT
JUNE, 1999 aRzi.pi::300. 1
Own J.E.B. CAD FILL
CRAW or D. SMITH 99-8145 OF 1
24 August 1999
Mayor& City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 654
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, August 23, 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. 654
Owner: Orlen W. & Phyrne R. O'Day
P.O. Box 149
Pearland, TX 77581
Legal: Being the SW 1/4 of Lot 35, HT& B RR Co. Survey, A-219,
recorded in the plat records of Brazoria Co., TX (14405 Garden Rd.)
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Donald Glenn
to approve the applications listed above.
The motion to approve passed with a vote of 5 to 0.
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
c �G���
Ma S rr, Chairperson
Planning&Zoning Commission
City of Pearland
Art-I VAV l I Ut- 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 Zr 19 /t c1
No. Date 19
No. Date 19
No. Date 19
No. Date 19
j C7dri h'�d>'w -
rU
President
Subscribe and sworn to before me this -- day of i(dtiLi
19 1' •
14.4, MMONS
Valli I d
, • e o ;X l l.her
Notary Public, State of Texas
BLIC HEARING OF THE
Y COUNCIL AND THE
ANNING AND ZONING
•MMISSION OF THE CITY
F PEARLAND,TEXAS
otice is hereby given that on
e 9 th day of August, 1999,
t 6:30 p.m.,the City Council
nd the Planning and Zoning
ommission of the City of
earland,Brazoria and Harris
L 'unties,Texas,will conduct
. Joint Public Hearing in the
ouncil Chambers,City.Hall,
19 Liberty Drive, Peadand,
exas, on the request of
den W.&Phyme R.O'Day,
wner, for an amendment to
e Land Use and Urban
evelopment Ordinance of
aid City from Classification
•uburban Development(SD)
Heavy Industrial District(M-
')on the following described
roperty,to wit:
=ing the SW 1/4 of Lot 35,
&B RR Co.survey,A-219,
•rded in the plat records of
aoria Co., TX_(14405
rden Road)
t said hearirg all interested
H shaft has the right
opplorily NOW anti
I, Young
f + ?ION NO.164
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. 1 Date 19 g/
No. Date 19
No. Date 19
No. Date 19
No. Date 19
qgiudli &A-h-ota
President
i("-ly Subscribe and sworn to before me this day of
'- - LAURA A. EMMONS
):y Notary Public, • .to of Texas
• mission 7pires 9-• .2 l
t►■u : A nn , r: sher
Notary Public, State of Texas
OF A •
P LIC HEARING OF THE
COUNCIL AND THE
NNING AND ZONING
MISSION OF THE CITY
PEARLAND,TEXAS
ice is hereby given that on
9 th day of August, 1999,
• .:30 p.m.,the City Council
the Planning and Zoning
mission of the City of
nand, Brazoria and Harris
nties, Texas,will conduct
oint Public Hearing in the
ncil Chambers'City Hall,
9 Liberty Drive, Pearland,
as, on the request of
,n W.&Phyme R.O'Day,
er, for an amendment to
t Land Use and Urban
P elopment Ordinance of
City from Classification
'urban Development(SD)
I eavy Industrial District(M-
n the folloWioing described
rty,to wit:
ng the SW 114 of Lot 35,
B RR Co.survey,A-219,
••rded in the plat records of
=zoria Co., TX (14405
rden Road)
said hearing all interested
rties shall have the right
d opportunity to appear and
heard'on the subject.
Young Lotting
' 81W O y/^��4
III B