Ord. 509-178 12-08-97ORDINANCE NO. 509-178
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 LOTS 1 & 2, OF SKYWAY MANOR SUBDIVISION,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7,
PAGE 67 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 236) (F.M. 518 AND PIPER ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF MAURIS HARDCASTLE, AGENT, FOR
ROBERT L. PETTY, 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, Mauris Hardcastle, Agent, for Robert L. Petty, owner, filed on September
18, 1997, 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 24th day of November, 1997, 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 25th day of November, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Mauris Hardcastle, Agent, for Robert L. Petty, 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 Zonin9 Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on December 8, 1997, 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 Mauris Hardcastle, Agent, for Robert L. Petty, owner, 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 Suburban Development District (SD) is
hereby for all purposes changed and reclassified as General Business (GB); such property
being more particularly described as:
Lots 1 & 2, of Skyway Manor Subdivision, according to the map or plat thereof
recorded in Volume 7, Page 67 of the Plat Records of Brazoria County,
Texas.(F.M. 518 and Piper Road)
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
2
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 weftare 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. 509-178
PASSED, APPROVED, and ADOPTED on First Reading this
December ,1997.
TOM REID
MAYOR
Rth day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of December , 1997.
A'FrEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
8th day
"""':::"::::;:::::~"U ,. ?.. ...... ~
.____ Change in Zoning Classification from: ...... _--~.<.~..Z~)'
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: / ,b .fl~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
EXHIBIT
Tax I.D. number: )( '//~"~/' ~' ~ ?,ft.. 27 3
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
3 57a'~
Agent' s mail ing address:
Agent's telephone number:
PETITION: 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
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signatur Agent's signature
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70~',~E GB ZC. NE SD
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SD SUBijPEA, N D;STR~CT
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DISTRICT
BROADWAY
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STREET
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City of PeaHand, Texas
ROBERT L PETTY
ZONE CHANGE
FROM
$D TO GB
Clti4 I~-CR LONG 96--1250 0t' 1
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Smith. Jr. OB ,lleE Jose Rodr,qu ez ~ ~ 50~o 17~' -!-
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PIPER ST.
K.E.Sp_radley
17262570
Donald'R. ,,o
941/133
Bu ra e
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l-(. Furlow G,
966/40
D~k Alvin D~k
'R~t . ~1~~ 9.6
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Frank ~rr~nger, Tr. .
~ r ~ Homes
Ruby Lee Cox
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 the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for ------Z- ...... issues, as follows:
No. / Date/~2/)/2 gZ~. //' ~ 19 '~")
No. Date 19
No. Date 19
No. Date 19
No. Date 19
;,~ Editor
Subscribe and sworn to before me this / day of
Laura Ann Emmons, Publisher
:)rdinance of said C~ from
~assffication Suburban
:)evek:On~ District (SD) to
Genemeusiness(Ge)onthe
Reltx~s, Braz~a County,
;~Tezas. (FM 518 and Piper
--,teaidheedngaltinarested
,arties shah have the dght
nd~~turdty to appear and
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 the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / __ issues, as follows:
~o. / D.t~ fi'z-//- / L ~.
No. Date
19
No. Date
No. Date
19
19
No. Date
19
Editor
Subscribe and sworn to before me this /
day of Z cz r___
Notary Public~,~,.,,.,,..~
Laura Ann Emmons, Publisher
ZONING CO1-
~ISSION OF THE CITY OF
EARLAND, TEXAS
~ ~ day of Novalto',
. ~ 6:30p,m:,;
M Counties, Texas, will
a Joinl Public
, city Ha., 3
'-Ddv~ -J~aarland,
ment to the Land
,dk.me of saidC,~hom
l/ssification Suburbao
oigtct
.ots 1 & '2, Skyway klanor
map or plat thereof rec~
~Volume7,1~67otlh/Plmt
lecords, Brazoria County,
rexas. (FM 518 and Piper
] said hearing all interested
arties shall have the right
/s/Young Lorr.~
November 25, 1997
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 236.
Request of Mauris Hardcastle, Agent for Robert L. Petty, owner for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban
Development (SD) to General Business (GB) on the following described property, to-wit:
Lots 1 & 2, of Skyway Manor Subdivision, according to the map or plat thereof recorded in
Volume 7, Pg 67 of the Plat Records of Bmzoria County, TX (F.M. 518 and Piper Road)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on November 24, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Tommy Scott, and seconded by Commissioner Jack Mathis to
approve Application No. 236.
Motion to approve passed 6 to O.
This is submitted for your consideration.
Si ~y,~_~ ~
~Lopez, Cha~a~n
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us