Ord. 509-260 12-14-98ORDINANCE NO. 509-260
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 BEING 4.71 ACRE TRACT OUT OF THE HT & B RR CO. SURVEY,
SECT. 85, A-304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO.,
TX (APPLICATION NO. 420)FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF E. MAURIS HARDCASTLE, AGENT, FOR PALM PROPERTIES,
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 Palm Properties, owner, filed on July 30,
1998, an application for amendment pursuant to Section 28 of Ordinance No. 509, the LELnd
Use and Urban Development Ordinance of the City, for approval of a change in the land rise
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 November, 1998, 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 9th day of November, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by E. Mauris Hardcastle, Agent, for Palm Properties,
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 General Business (GB); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, Ihe
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on November 23, 1998, 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 Palm Properties, owner, facts were presen ~ed
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 (;ity
of Pearland, Texas, and presently classified as Suburban Development District (SD) is herE;by
for all purposes changed and reclassified as General Business (GB); such property being
more particularly described as:
Being 4.71 acre tract out of the HT & B RR Co. survey, sect. 85, A-304,
according to the plat records of Brazoria Co., TX
II.
The City Council of the City of Pearland finds and determines that the recitation-,; in
the preamble hereof are true and that all necessary prerequisites of law have bE;en
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 pro 3er
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, st|oh
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 1his
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 Ihe
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second ~Lnd
final reading.
ORDINANCE NO. 509-260
PASSED, APPROVED, and ADOPTED on First Reading this c~.'~r'~ day of
~,/~-,J--~wv' , 1998.
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
b-~t'~ ~ ,1998. ' ,~
TOM REID
MAYOR
ATTEST:
~G ETAR
APPROVED AS TO FORM:
· . clay
DARRIN M. COKER
CITY ATTORNEY
.............. ,,.,' ............................................... _. _ ...':;.'_""..~:L.',, ':2 """.'.:..':.-'..2'L .:: :' '..~ 3-. 2.:: .:.'..._ ~
...... Change in Zoning Classification from: S'/,) ........... ~o:/-~/-~ ......
.... Change in Regulations in Section #:
Specific Use for: *
Property address:
Lot: ~ Block:
Meles & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. nu. mber: ~i~oq .- ~a~/O - l 2. ~ .....
Proposed use of lind within requested designation:
Record owner's name:
Ow.z?r's mailing address: ~ 9, /~ l~"2.2{
Owner's telephone number: /7/~ -' ~- 7 5'---~ ¢r¢/'
Agent's telephone number: .~9-~1 -" gceS""~(,,o'~:9 ..
PiiTI'FION: As owner/agent, I hereby l~tition the City for approval of the a~ve descried request as
provided by the laws of the State of Texas and Ordimnces of the City of Pearland. *On a S~eific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge tlmt such use
ma2.~ incoSnpatible wit~yry¢.n} and future .uses pn,.p[Ol~rties in my Vicinity. . .......: ...., .._-,
9
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ZONE SO
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RESERVE ~
SD SUBURBAN DISTRICT
CB GENERAL BUSINESS
DISTRICT
City of Pearland, Texas
PALM PROPERTIES
z..ONP_.. CHANG/=.
FROM
8D TO
App, I~M4-20
Ud~= DEC., 1998 HORZ:I"-300'
VERT=I"
CA~ IqLr_.~
t I~, D, SMITH gB-8242A
SHEET
1
AFFIDAVIT OF PUBLICATION
The Pearland Reportel-News
2404 South Park
Pea 'lancl, Texas 7758'1
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby ccrti/y that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper o~ general
circulation in Brazoria and Harris Counties, lot / issues, as tellows:
No.
No.
Date
Date 19
Date 19
Dal, c 19
Editor
Subscribe and sworn to before me this
19 .... __~__~_ ........
~~--- LAURA A. EMMONS
Notary Public S ~ ,~rY Put)tic, State of Texas ' ~,,~'(~mmission Expires 9-902
L a u r a A n n E m m
.' ' ._-~'~
1998, ~t ~;~0 P.m.,.lhe Gily
Oounail ~nd lhe Pl~nnin~ ~nd
Zoning Commission of the
Ci~ of Pea~and, Bmzoda and
~:~'r~s-Counties; TeX~s :Will ':
Chainbern, Ci~Hall, 3519 ,_ :~
Tex~,:DB.th~ ~e~Uest'of E.
:~U"~'~a~""t~e, agent for
Palm :P~e~ies, owner, for
an amendment to the ~nd
Use and U~an Development
~inahCe of ~aid Ci~ fm~'
'Cla8gification
~vel~me~t (~D} ~ ~ eml
AFFIDAVIT OF PUBLICATION
Tile Pearland Reporl. er News
2404 South Park
PearlancI, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cun3rnings, hereby certify that the notice hereby appended was publisl'~cd
in Brazoria and Harris Counties in the REPORTER NEWS', a newspaper o[ general
circulation in Brazoria and Harris Counties, for . ./_ . issues, as follows:
No.. ............. Date
No. Date -__ 19
No.. ................ Date 19
No. _ ............ Date 19
Subscribe and sworn to before mc this
.... E2.~-~ ........day of Z2~.
Nol.ary P,
Laura An
I,:AURA A. EMMO_NS .
"::.k!NG ANQ'Z. ONING:..C..QM-.
MISSION OF THeE
· :.pEARLAND, TEXAS '~. ' .'.'
' 'l~otice is .hm:~by:(}i~,eh: ·that' ~n
the 9th day of November
'1'~98 at 6:30 p.m., the City
'C~uhcii'and the'Planni~qg and
Z. oPing Commission of the.
'~:~ Of Peada.n8 er~z.oria .and
Harris Counties, Texas, will
~hd~Ct ~ J~i~t P~blid
.Heiirihg in the Coun~ij,: '
Chambers, 'City Hall 35'19 ....
~.ib.a~ Ddve, Pearland,
;Texas, On the requas~ of E
Mauds Hard.castle, agent for
'Palm Properties, owner, for
:~an amendment-.to-th~:Land:
. Use, and Urban Development!
:(~rd ~anc9 Of Said City from
Classification Sul~urban
Oevelopment (~D) to General
BusinessDis~ct. (GB)
.f~llowi~g' desc'dbed property,
to wit:
'S~di: 85, A-364, a~c0tdin
th~..pl~t.r.~ ~p .... i~.
~, ~ rpear and
~.' ! ~.:~ -!...
9arc ..
::'V:~u~g.~rfim ........
'~~'~!.~ ,,,
9 November 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Application No. 420
The above referenced zone change application was reviewed by the Planning and
Zoning Commission at a regular meeting on Monday, November 9, 1998. The owner
requested an amendment to the Land Use and Urban Development Ordinance of said Cjty
from Classification Suburban Development (SD) to General Business (GB) on the following
described property, to wit:
Legal Description:
Being 4.71 acre tract out of the HT & B RR Co. survey, sect 85,
A-304, according to the plat records of Brazoria Co., TX
Owner:
Palm Properties
P.O. Box 15221
Houston, Texas 77220
Agent:
E. Mauris Hardcastle
P.O. Box 846
Pearland, Texas 77584
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Pat
Lopez to approve the zone change application request listed above.
The motion to approve passed unanimously (4-0).
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,
Tommy Scott, Vice-Chairperson
Planning & Zoning Commission
City of Pearland