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Ord. 509-258 12-14-98ORDINANCE NO. 509-258 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 APPROXIMATELY 80.0 ACRES, AKS LOT 13 A-13, F. B. DRAKE SURVEY, A-509, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 491) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT, THOMAS E. PHALEN, 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, Thomas E. Phalen, owner, filed on August 27, 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 November, 1998, a joint public hearing was held bef3re 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.,~. 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 Ihe proposed amendment application by E. Mauris Hardcastle, agent, Thomas E. Phalen, owr~er, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development (SD) 'to Single Family Dwelling District (R-3); 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, Thomas E. Phalen, 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 City of Pearland, Texas, and presently classified as Suburban Development (SD) to Single Fanlily Dwelling District (R-3); such property being more particularly described as: Being approximately 80.0 acres, aks Lot 13 A-13, F. B. Drake survey, A-509, according to the plat records of Brazoria Co., TX 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 b~;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. 2 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 ~er 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 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 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 hereinabove described property. VII. This Ordinance shall become effective after its passage and approval on second ELnd final reading. ORDINANCE NO. 509-258 PASSED, APPROVED, and ADOPTED on First Reading this ,1998. TOM REID MAYOR day of ( CI~TARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this ,1998. CT/UN~~~EZ/~ATTEST: TOM REID MAYOR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY \ ~3°h day ..... '. '.'. .................... · L:. .:,:'- :: ...................................... -- - ,, . ...... Change in Zonilxg Classification from: ~' O .........to: g "'-~" ...... ...... Change in Rcgulations in Section//: .... Slx:ci~c Use for: * Property address: q..,~/O l / 4drd-, Metes & Bounds Description: (unplatted property only; attach survey) Subdivision: Tax I.D. nu_mber: Proposed use of lind within requested designation: Record owner' s name: Owner's mailing address: co>q2. l"'t~}qRl, OFvt- /Z4 "77024/-- Owncr's telephone number: Agent's name: Agent 's telephone number: ~'[ _/,/oo5''- 6 een~ .... PI:THTION: 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 I~ennit request to allow a residential use in a business zone (OP. hIS. GB), I acknowledge ttmt such use may be incomlmtible with current and future uses on prolx~rties in my vicinity. ()w.c~'s signature: ..,f;~ ~ O..o..,v3 Agent's signatu ._ I;ccs paid: $ Date paid: d'/o.v-7/¢[ ...................................... ! / / / / / / / / / / / / / / ~ · 4'1 / 51 31 CIIY LIMff LINE SD R-2 GB SUBURBAN DISTRICT MEDIUM DENSITY SINGLE FAMILY DISTRICT GENERAL BUSINESS DISTRICT DWELLING Z~ECHANGE AFFIDAVIT OF PUBLICATION TheEPearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby cer[ily that the notice hereby appended was published in Brazoria and Harris Counties in the F~EPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for ._Z ....... issues, as follows: No. /D~te lO'j-I ~9 ~ No.. ................. Date No. Date No. No. Date Date 19 19 19 19 Editor Subscribe ancI sworn to bcl:orc me this 19 Notary Pub Zor~ing CommissiOi~' Of the Ci~/:~f Pearland, 3razoria,~nd Hl~.'Cou~ties, c(ind~;( a Joint PUblic .%~ '.- H'~a~g:in the'cc)G'nCi!:~ Qha~tbers, City H~:ll, 35.q'9 6b~ Drive, Pearlend;"' ..' Tb~,i~, on th "' ;: .' Mautis AFFIDAVIT OF PUBLICATION The'Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Joan Cumn-~ir~gs, hereby certify that the notice hereby appended was publisl'md in Brazoria and Harris Counties in I. he REPORTER NEWS', a newspaper or general circulatior~ in Brazoria and Harris Counties, lor _/ .... issues, as loltows: No. , ........... Date No. _ ................ Date No.. ................. Date No. _ ............... Date 19 19 19 19 Subscribe ;~nd sworn to before me this 19 .... ~ day of (d~2~. LAUPIA~,. Not - - x the glh day of November 1998~ at 6:30 p.m.. the Cily Council and the Plapning and Zoning Commission of the City o.f peaHand, Brazoria and Harris Counties, Texaa, will conduct a Joint~ublic. , Hqaring in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on themquest of E.. MaUds Hardcastl.~, agent for Development Ordinance of said Cit~ from Classification ~iu, burban Development (S.D) ~to.,.Single Famii'y D!.w, elling (R-. ..~ pn thd'followirjg described · erty, to wit:.., · . '~!; . ' .., 9 November 1998 Mayor and City Councilmembers City Hall Pearland, Texas 77581 RE: Zoning Application No. 491 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 City from Classification Suburban De~zelopment (SD) to Single Family Dwelling District (R-3) on the following described property, to wit: Legal Description: Being approximately 80.0 acres, aka Lot 13 A-13, F. B. Drake survey, A-509, according to the Plat Records of Brazoria Co., TX Owner: Thomas E. Phalen 842 Merridel Road Houston, Texas 77024-2710 Agent: Hardcastle Real Estate E. Mauris Hardcastle P.O. Box 846 Pearland, Texas 77588 The motion was made by Commissioner Pat Lopez and seconded by Commissioner Emil Beltz 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.