Ord. 509-255 12-14-98ORDINANCE NO. 509-255
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 A 4.16 ACRE TRACT OUT OF THE HT & B RR CO.
SURVEY, A-304, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO.,
TX (APPLICATION NO. 419) FROM THE CLASSIFICATION OF SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF
E. MAURIS HARDCASTLE, AGENT, 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, Palm Properties, owner, filed on July 30,
1998, an application for amendment pursuant to Section 28 of Ordinance No. 509, the L~nd
Use and Urban Development Ordinance of the City, for approval of a change in the land t~se
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 affidavil 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.z 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, Palm Properties, owr~er,
whereby the Commission recommended and approved a change of classification for Ihe
property described in Exhibit "A" from its existing classification of Suburban Development
District (SD) to Commercial (C); 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 Ihe
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 Ihe
application of E. Mauris Hardcastle, agent, Palm Properties, owner, facts were presen:ed
which, in the judgment of the City Council, would justify the approval of said applicatior~, 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 her~ ;by
for all purposes changed and reclassified as Commercial (C); such property being m ~re
particularly described as:
Being a 4.16 acre tract out of the HT & B RR Co. survey, 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 been
accomplished and that no valid protest of the proposed change has been made. The (;ity
Council further finds and determines that there has been compliance with the mandate,,. 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 ~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, sLIch
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 ibis
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 E~nd
final reading.
ORDINANCE NO. 509-255
1998.
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
lay
4
...... Change in Regulations in Section #:
.... Specific Use for: *
Property
Lot: ~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Sulxlivision:
Tax I.D. number:
Proposed use of limd within requested designation:
Ow~)er's mailing address:
Owner's telephone number:
Agent's mailing address:
Agent's telephone number: _~.1
· --c . , ,t .. ' ........ "' ' ..... 7,z.C ..... ",'_'7' ' ' '
Pi:;TITION: As owner/agent, I hereby l>etition 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
l'erlnit request to a!lc~w a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current an future uses on prolx3rties in my vicinity.
Owncl's sil;naturc:
I:ecs paid: $
............ ....
Agent's signature;
9
19
29
10
CITY LIMIT LINE~
ZONE SD
/
/
, /
I /
20 o
'
/
I
ZONE SO
ZONE SD
BROADWAY
30
CiTY ,LI, MIT UNE
-"
RESERVE ~
SD
C
SUBURBAN DISTRICT
COMMERCIAL DISTRICT
~ Nej419 i SHED
~ OCT,, 1998 H~Z~I"-,300' 1
Vimq'
De e~J.E.B. r,J& FIIZ:
AFFIDAVIT OF PUBLICATION
The Pearlarid Reporler News
2404 South Park
Peaz'lar~d, Texas 7758-1
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby cert. ily thai. the riolice hereby appended was published
in Brazoria and Harris Counties in [hc FIEPORTER NEWS, a r~ewspaper el general
circulation in Brazoria and Harris Courtlies, ~or Z.. issues, as lollows:
No. , ............ DaLe
No. DaLe
No.
Date
DaLe
~KIEditor
Subscribe and sworn to bcforc me this
Laura Arm Ernmor~s, Publisl]er
LIC HEARING OIr"fel CITY
COUNCIL AND~rlqEFLAN.~
NING AND ZONING~OM;
NIIS~!ONI:)F.~THE~ OF.': ::
the 9th day 9f Noyember,
1998 at 6:30 p.m., the City
CounCil and the P arming and
Zoning Commission of .the
. City:Qf~Peatlii~d,-:'Bm~oria and
~Conduct a Joint PUblic
Hearing i~ the C6unc.
Chambers; City Hall; 3519'
Libedy DriVe;~ Pearland,
Texas; on the request of E.
Ordinance of Said City from
· Classification Suburban
Development (SD) to
.Commemial Distdct (C) on the:
· following described property,
. to wit:
: ~ 4, f6 .~e'!i~e~t out. of ih e HT
of Brazoda Co., TX.
~At ~aid:~he~:i~g>'al'l interested
padlos shall have the dght
and opportun!ty to appear and
. be heard on the subject.
~ ~,..':,, .'i :.'.:: ;-.: ',
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearlarid, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certi[y that the notice hereby appended was l~ublished
in Brazoria and Harris Cour~ties in the REPORTER NEWS', a newspaper o[ general
circulatior~ in Brazoria and Harris Counties, tot / issues, as lollows:
No. --__Z_____ Date
No.
No.
No.
Date
Date
Date
Date
19
19
19
Subscribe and sworn to before me this
o2~_ .... day of
AUFIA A. EMMON8
Notary ~t~l~ 8tate of Texae
No li~°~"~f~o2
Laura Ann Emmons, Publisher
-" ;4998; ai e:30 p:~n.: tha:O{ty
Council and the 'Planning and
· Zoning Commission of the
City of Pearland, Brazorla and
Harris Counties, Texas, will
'Codduct;a JOint PubliC
Hearing in the Council
Chambers, City Hall, 3519
· I;iberty Drive, Peadand,
Texas, on the request of E.
' Mauris Hardcas!le, agent
Palm Properties, Owner, for
an amendment to the Land
Use and Urban Development
~3rdinance of said City from
Classification Suburban '
.De.v. elopment (SD)to .=...'.
6ommercial DistriCt '(C) on the
'fOIIbWidg described property,'
towit: .= '~ =:~.:'!-':.7
. ,..:. ~..:; .'-....~'! ,; ...
A 4:16 acre .tract out of ith~
& B RR C0. Survey, A-304,'
,"~'~'~ .... ~,.
' At said.
partie~'sh~ilr have the right
and opportunity to appear and
be heard on the subject.
YoungLor~lg ~
-, ....) . ~ . , ~,:.~' ..
9 November 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Application No. 419
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 Development (SD) to Commercial District (C) on
the following described property, to wit:
Legal Description: A 4.16 acre tract out of the HT & B RR Co. survey, A-304,
according to the Plat Records of Brazoria Co., TX
Owner:
Palm Properties
P.O. Box 15221
Houston, Texas 77220
Agent:
Hardcastle Real Estate
E. Mauris Hardcastle
P.O. Box 846
Pearland, Texas 77581
The motion was made by Commissioner Emil Beltz and seconded by Commissioner
Jack Mathis 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