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Ord. 509-579 03-25-02ORDINANCE NO. 509-579 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 A 30 ACRE TRACT AND A 10 ACRE TRACT; BOTH OUT OF SECTION 12, H. T. & B. R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1026) (NORTHEAST CORNER OF VETERANS AND BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR READ PARTNERS, L.P. AND KITTY L. READ, 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, E. Mauris Hardcastle, agent for Read Partners, L.P. and Kitty L. Read, Owner, filed on January 24, 2002, 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 11th of March, 2002, 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 12th day of March, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-579 proposed amendment application by, E. Mauris Hardcastle, agent for Read Partners, L.P. and Kitty L. Read, 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) to Single Family Dwelling District (R- 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 March 25, 2002, 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 E. Mauris Hardcastle, agent for Read Partners, L.P. and Kitty L. Read, Owner, 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) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-2); such property being more particularly described as: A 30 acre tract and a 10 acre tract; both out of Section 12, H. T. & B. R.R. Co. survey, A-508, Brazoria County, Texas (Northeast corner of Veterans Road @ Bailey Road) 2 ORDINANCE NO. 509-579 IL 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. 3 ORDINANCE NO. 509-579 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. PASSED, APPROVED, and ADOPTED on First Reading this 95 day of March ,2002. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-579 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8 day of Apri 1 , 2002. ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 DIJMEPTY ,DOHERTY&RDRMS Fax:7135721001 Jan 17 2002 14:36 P.02 01/17/ 2002 11:18 FAX 281+483+0369 EARDCASTLE REAL El 01 CITy.OF FF.ARLAND ZONE CHANGE APPLICATION.1 ..• 'revised 10/01• • Change in Zoning Classification from: _ to: Change in Regulations in Section It: Specific Use for: Property address: g57"C Lot:1344 f -3Biock: Metes & Bounds Description: (unplatted property only; attach survey) Tax 1.0. number: 0. 4 — Current use of and: '.1 E fR 5 a ,4, /.'/ Subdivision: Proposed use Of land: `Z% AI77- Record owner's name: r Owner's mailing address: if Owner's to one number 7/5" — eel .7 fi- 7P0 A • • is name: 4 r IV14thz','5 (///L>CI� 72 Agents mailing address: I ( 5R Agents2 telephone number 7- ie 4e3 J 1� PETrON: As owner/agent, I hereby petition the City for approval of the above described request es provided by the Laws of the State of Texas and Ordinances of the City of Pearland. *On a 5pecfic Use Permit request to allow a residential use in a business zone (OP. NS, GB), 1 acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. ems. d P40170v t, s 4.. /'? Owner's signature: Agent's Agent's signatu Fees paid: $ eceived by; Date pale: -Application .rlurnber: ;liiii59iiiitlaQ f1161111% ii t1114111111 ""1111 Raur vi rammazot, M111111f11 l 011111V; q;ICFii•! 11,0,:'Iii��;, 7111 taannut 11111' 11m ,.1" Z.it -at,;--e::../.1 11111111�1 F!'iIP' Ii111mn _.r... it••►•JIi'"'"„: ; *.......,,..“ IN . =ram iISI l City limits :1l:7��b�iti7"i_ 111►1M111N:MM116 �� 1 tirt,. Zone Change Application No. 1026 Read Partners, L.P., & Kitty L. Read Veterans Road @ Bailey Road (SD-R2) 1 116,1111111118, um aim - rIf1. r; LB 1111 Neu�r'urpe%Nsa®! es s ; iM ' i me: i BIN it sue. fialli l /Ur1111YlYRd� Mee. :15Altaaaryylit �11lICl1lC'!34l� IVIIIIIIIIIik iv ILI 1 terms-0SW $1111111nummi\no iffairmai MIMI am ma laimm 11111111111••—.......�••��.�•. ... pippoommilk 11111111110A 'r' ,Putielm.-1.-.-....... ...... 'mow ■�,l astIllitiiiimmaffilinsost� ............. ..• - 1.111111.1111111111. r,__t ��""�'� �===1111111'1,1 City limits Zone Change Application No. 1026 Read Partners, L.P., & Kitty L. Read Veterans Road @ Bailey Road (SD-R2) AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, 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, Harris & Galveston Counties, for ( issues,-asfollows: No. 1 Date - ,2'�-0 20 :Di._ No. Date _ 20 No. Date 20 No. Date 20 No. Date 20 subscribe and sworn to before me this • ,"'i• • ...m�cp:res 8--ry Puhi'c, St to of tex;: tt: Co;ssien E• 9-02 t� 4 g?-,/k7o,..._ President Laura Ann Emmons, Publisher Notary Public, State of Texas Application No. 1026 Published Feb. 20 & Feb. 27; 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY 000NCiL'AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEAALAND, TEXAS Notice is hereby given that on' the 11th day of.March, 2002 at 6:30 p.m., the City Council' and the Planning and Zoning Commission of the City or Pearland, Brazaria, Harris.' and ;POT tend Texa1i; •Wro6ndutlt-asloint@ Public'Hearing in the Councir Chambers, City Hall, 3519'• Liberty Drive, Pearland, Texas,on the request of t Mauris Hardcastle, agent fer Read Partners L.P. &Kitty L. Read, owner, for an amen ment to the Land Use ands Urban Development Ordinance of said City frot>'i. Classification Suburban Development District (SD) td' Single Family Dwellin4 District (R-2),on the following described property, to wit:, A 30 acre tract and a 10 acre' tract; both out of Section l2 H.T.&B.R.R. Co, Survey, A- 508, Brazoria '.Co., Tk (Northeast corner of Veteran Road @ Bailey Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. is/ Mona;Ann Phipps Development Coordinator APPUCATION NO. 1026 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 n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general Lirculation in Brazoria, Harris & Galveston Counties, for / issues, esfollows: No. / Date -)-2 20 D 2- No Date _ 20 No. Date 20 No. Date 20 No. Date 20 >ubscribe and sworn to before me this 0 6� Xe4 President A. LAURA A �j _ ,e k^' Notary Pubk^ c} v.av COmti7;33Son E)cp:reS Q —02 !_- day o Laura Ann Emmons, Publisher Notary Public, State of Texas Application No. 1026 Published Feb: 20 & Feb. 27, 2002 NOTICE 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 11th day of March, 2002, at 6:30 p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria, Harris, and Fort Bend Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall,, 3519 Liberty Drive, Pearland, Texas, on the request of E. Mauris Hardcastie, agent for Read Partners L.P. & Kitty L. Read, owner, for an amend- ment to the Land Use and Urban Development f Ordinance osai e Classification " err Development; Qist Single Family Dweiiing; District (R-2) on the following' described property, to wit: A 30 acre tract and a 10 acre tract; both out of Section 12, H.T.&B.R.R. Co. Survey, A• 508, Brazoria Co., TX (Northeast corner, of Veterans Road @ Bailey Road) , At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. APPLICATION NO. 1026 March 12, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 1026 Request of E. Mauris Hardcastle, agent for Read Partners, L.P. and Kitty L. Read, owners for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to Single Family dwelling District (R-2) on the following described property, to wit: A 30 acre tract and a 10 acre tract; both out of Section 12, H. T. & B. R.R. Co. survey, A-508, Brazoria Co., TX (Northeast corner of Veterans Road @ Bailey Road) Honorable Mayor and Council Members: At a regular meeting held on March 11, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Vice -Chairman Donald Glenn made a motion to forward the Zoning Application No. 1026 to City Council for approval with a second made by Commissioner Todd Iocco. Motion to approve passed 6 to 0. This is submitted for your consideration. . Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg Page 1 of 1