Ord. 509-228 09-14-98ORDINANCE NO. 509-228
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 4.3705 ACRE TRACT OUT OF RESERVE "B" , REPLAT OF
CORRIGAN ADDITION, SECTION 1, ACCORDING TO THE PLAT IN VOLUME
11, PAGES 97-98, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (5400 W.
BROADWAY) (APPLICATION NO. 312) FROM CLASSIFICATION
NEIGHBORHOOD SERVICES DISTRICT (NS) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR
V.L. JEFFORD, 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, filed on June 2, 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 10th day of August, 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 10th day of August, 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, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Neighborhood Services District (NS) to General Business
District (GB); 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 August 24, 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, 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 Neighborhood Services District (NS) is
hereby for all purposes changed and reclassified as General Business District (GB); such
property being more particularly described as:
A 4.3705 acre tract out of reserve "B", replat of Corrigan Addition, Section 1,
according to the plat in Volume 11,
County, Texas (5400 W. Broadway)
pages 97-98, plat records of Brazoria
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
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.
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 and
final reading.
ORDINANCE NO. 509-228
PASSED, APPROVED, and ADOPTED on First Reading this
~ ~ ~ ~ ,1998.
day of
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this lq_'F~ day
ATTEST:
I
APPROVED AS TO FORM:
,1998.
c""""'
TOM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
Change in Regulations in Section #:
Specific Use for: *
::Ow~r,s~ingaddress: 6o
.. i~r't!?:tficphone number:
;Agent'.s Sting address: ~ 0, ~x ~¢~l ~Z~l ~
Agent's ~lepfione humor:
'~ ~?P~TITtDs:~(' As Ow~r/agent, I heveDy ~ti6on ~e City for approval of ~e a~ve ~s¢~d request as
provia~y t~ laws of a~e S~te of Texas and Ordinates of fl~e City of Peals. *On a S~ifi~ Use
pe~t:'r~qa~at to allow a residential use in a business zo~ (OP, HS, OB), I ac~owlC~g¢ at a~h use
~ ~ .~..L-:-:.-:'-]= "- .::~.:.':~;,.';.~'L&~%:'.: "? "":".-'.. ~..-..,~-'-'? :'* "" ....
ZONE C
ZONE NS
ZONE R-2
5O
X/ >-
Z
0
~- zoN~ ~ >-
t-- 200'
ZONE: GB ~
2,,//~4./8705 ACRES
5 1
CAMDEN LN.
5 1
a , 15 16
9 10 ZOnE R-2
50
CARMONA LN
20 22
25 24
ZONE R-2
1
o 2O
o 29
5O
R-2
NS
GB
C
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
NEIGHBORHOOD SERVICE DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
I"IORZ: 1 "--200'
PdeJULy, 1998 vs:lrr:l"-
Den BI":J,F..,B, CjID Iql.,b
Chkd era D, SMITH 98-8053
OF I
AFFIDAVIT OF PUBLICATION
EXHIBIT
TIle Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Curnmings, hereby certify tllat 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 ._...1 ................ issues, as follows:
No. I Date "~" '?--~ 19 ~ 2~
No. Date -~ 19
No. Date 19
No. Date 19
N o. Date 19
Subscribe ancl sworn to before me this
and the Pl~hning and Zoning
Peadan~, B~Ha
:Geu~tie~. Tex~s, will conduct
~ Joint Public Headng in the
';;~0uncii Chmbem, di~:Hall;
~5 1 ~ Li~e~ DHv~, PeaHand,
Tex~e, 6h the request of E.
,Mauls Hardest)e, agent for
LandUse
from
to wit:
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in tile REPORTER NEWS, a newspaper of general
circulation il-i Brazoria and Harris Counties, for . ........... ~ .............. issues, as follows:
No. [ Date "'~"
No. Date
No. Date
No. Date
No. Date
~.~
19
19
19
19
Subscribe and sworn to before me this
19 ~'~
U Editor-
day of :2T(M~
Notary.'P.~J:bl.ic'i.,.Sthte .p.f. :i~.~i-}s"'
Laura Ann Enlrnons, Publisher
.. ~:COi~NCIL. AND THE PLA -
~NING ·AND 'ZOffiNG COM-'
MI$SION'OF THE CITY OF
~EARLANO~TBXA$
.;.........~':. ....
:Notice is~ I~ereby given that on
the 10th day of'August, 1998,
at 6:30 p.m,, the City Council'
~ and the .planning:and Zoning
Counties. Texaf, Wi!l conduct
a Jo nt Public Hearing' irt the
Council Chambers; Ci~ Hall.,.
3519 Liberty Drive, P.e.~:fi6.hd,
Texas, on the request df E.
and Urban'0e e' pn~ .~,
· OrdinanCe Of said 'City. '
partie~~ . g.
and op ":.' . .p.~ear. a
August 14, 1998
Honorable Mayor and Council Members
City Hall
Pearland, TX 77581
Re: Recommendation to the City Council on Application No. 312
Request ofE. Mauris Hardcastle, agent for V.L. Jefford, owner, for an amendment
to the Land Use and Urban Development Ordinance of said City from Classification
Neighborhood Services District (NS) to 6eneral Business District (GB) on the
following described property, to wit:
A 4.3705 ac. tract out of reserve "B", replat of Corrigan Addition, Section 1, according
to the plat in Vol. 11, .pgs. 97-98, plat records of Brazoria Co., TX (5400 W. Broadway)
The Planning and Zoning Commission, at a regular meeting held on August 10, 1998, after the Joint
Public Hearing, considered the above-referenced application and recommend the following:
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Mathis to approve
Application No. 312.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission