Ord. 509-156 08-25-97 ORDINANCE NO. 509-156
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 LOCATED IN WESTCHESTER ESTATES SUBDIVISION,
TRACT 16, TRACT 17, AND TRACT 27, IN THE H.T. & B.R.R. COMPANY SURVEY, A-242,
BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 129, 130, AND APPLICATION NO. 131)
FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY,
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, the Owners, filed on 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 14th day of July, 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 15th day of July, 1997, and on the 29th day of July, 1997, the
Planning and Zoning Commission of the City submitted its reports and recommendations to
the City Council regarding the proposed amendment application by the owners, 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, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on August 11,1997, 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 the owners, 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 in Westchester Estates Subdivision in the H.T.&
B.R.R. Company Survey, A-242, Brazoria County, Texas, 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).
Application No. 129
Owner:
Agent:
Legal Description:
Address:
Application No. 130
Owner:
Agent:
Legal Description:
Address:
Application No. 131
Owner:
Agent:
Legal Description:
Address:
Britton Ryan, Jr.
Mauris Hardcastle
Tract 16
None
PAM Properties, Inc.
Mauris Hardcastle
Tract 17
None
Hardcastle Family Limited Partnership
Mauris Hardcastle
Tract 27
None
2
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.
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.
3
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-156
PASSED, APPROVED, and ADOPTED on First Reading this //'J'~"day of
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading thisc~..,~"f'vday
/~,~,c~~ , 1997. ~/
TOM REID
MAYOR
%~RETARj~'fi~~
APP~I~,,.VED AS TO FORM;~
A~Y'MCTES MCCULLOU H'
CITY A'I"'~ORNEY
4
__ Change in Zoning Classification from:
__ Change in Regulations in Section//:
__ Specific Use for: *
Property address:
A~ . ~ ,t,~ t t T ~ 5
Lot:/~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
.-;'r'''
__ ~3
EXHIBIT
Tax I.D. number: t~,~ /f - O Cs/ E' .- GOd
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent:s mailing address: /, ..~-., (. ::'
7 7aa'~
Agent's telephone number:
PETITION: As owner/agem, 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.
Fees paid: $ /L//:~ 7 "'
Received by: ~ C/t~. .
Agent's signature: ~" . '
Appl icat ioa nu):
~a ~ ~ r--r-- 1143/214 .......
· -- g ~o ~ Hurs 30 2~'.u' ' ' ,32" W.D. Weir 21 o,~ I
, r,j ,_ ,_ 636/38 " 0 10 0 _ 1-,04/332 P~ r_e:
· ' J. ': Hegwood
>. ~ 31 ~ >. Franc~s E.P. Crow Jr .
24"P 4o; ,, ~ ~ ~ U ~ Powell 438/573 10.0 Na
~.~.~ua!~. ~ ~aee~, 145/343 ~iB7:~j~ .23 '1'
· _ ...... ,0.0 .
---'~.~- --+~, ....4;-~----~-- -_-.~ .....
~ R R CO~ ,.~, -~ ~-H. 'T
I I ~ Hrbacek Q O ~ ~
~7 I
'__ ~ ....... -- Laura Massey
__'~ __ ~ ~ ¢__ ~~ ~ 708/108
7~ ~ ~ 8
--~----~ ~ -- ~ 772/74 154.0
"'~C)
-0
0
0 ~
,-.- e ~ John R..Massey
q~ ~ ,..j 708/109 160.0
I ...... ('?hauve m Zoning Classification from' 5'I,_~ to' ~ ~ E ~ ~. i,
.... ' ........................... ' ~'~"' ~' ' ~ ': ........ I .~,
__ Change in Regulations in Section #:
__ Specific Use for: *
f
EXHIBIT
Property address:
Lot: '/7 Block:
Metes & Bounds Description:
(unplatted property only; attach survey}
Subdivision:
5"~- ~r A T T~ c gs~ 5/-/LF T
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing 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 ti incompatible with current and future uses on properties in my vicinity.
l:ccs paid: $ y Date paid: t~~0
Received by: ApplicatiOii.:.:iiiimbe. i;.::!i.:,.~i.'.".::i:.:!::'-:..?:::::.:..,:.:::':'.. :i.:,..... .....
," :--:--- ....-=- -' - .... " :, _'., :--, ....· .-..'-'~.-":":'.--:---_'-_...-~..:-21:_-:-_.-.-'. .....:' .....'2; .................'-'-.--':...-'-'---.'--:-:"-.-"', .......
ZONE ,SD
BROADWAY
I I /
CFrY LIM1T LINE
0.86 ACRES
200'
STREET
<
0
rY
X
ZONE SD ZONE GB
ZONE :GB
ZONE GB
ZONESD
CITY LIMIT LINE
200'
26
15
~c////25
ZONE SD
ZONE SD
ZONE GB
SD
CB
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
Glty ot Peertend, Texae
PAM PROPERTIES
ZONE CHANQE
FROM
8D TO GB
c~d I~.C.R. LONO 96-1252
SHEET
or I
#
Change m Zoning Classification from' ,
__ Change in Regulations in Section #:
Specific Use for: *
Property address:
EXHIBIT
Lot: ~7 7 Block:
Metes & Bounds Description:
(unplatted property only; attach surve3'5
Subdivision:
Tax I.D. number: ,(,Z/ 5-- tOe ZhL- OOC
Proposed use of land within requested designation:
t
Record owner's name: tW, q/TD~A .sTZ,f
Owner's mailing address: /~. 0, ,A);'q.Y ocS;q'~
Owner's telephone number:
6 o o o
7 7
Agent's name: '
Agent's mailing 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.
II :I I
CffY LIMIT LINE
0.86 ACRES -
iBROADWAY
ZONE SD
200'
STREET
ZONE SD
CI'TY LIMIT LINE
SD
GB
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
<
0
n,-.
x
<C
ZONE SD
17
26
ZONE SD I--
IJ
ZONE GB
25
ZONE SD
ZONE GB
ZONE GB
ZONE GB
C, Ity of Pearland, Texas
BRrrrON RYAN, JP,.
ZONE CHANGE
FROM
8D TO GB
HORZ:I'- 200'
0eI~0E:C,, 1996 VERT :t'--
Chld i/:. C.R, LONG 96-124,9 Of 1
·
SHEET
1
In~:. 1289,'922
9.,92 B~II/C. Long 634,
20 L.A.
29 61_ J.A. Preb~ Is
" 1143/214 - ....... ~"1~
~ ~ ~' ~ ~ Powell 438/573 10.0 ' Na
· ~: 52 ~ ~ Bill E. Holtey '
~"9 ~',o~-
J Q 0 ~ ~ ~m~ ~ ~
708 / 108
E~8
772/74 154.0
John R. Massey
708/109 160.0
! 9. ,92 B ~ I I y C Long
B-08 ' 20
29 61- J.A. Preb~ls L.A.
.. __ 3-Z../ ~ ~ '"-, ...... ". · · · ~ .. .__---.---
~ ~~ _..
~- __ .. _
~~ . I ~ '''~' ' "'~'
-H
1697~83 16.61
Tr. 1294~87 ' "'
9.38 ....
Alfred C. o
Laura Massey
708/108
8 772/74 154.0
20 42 64 86
r-r, Di
IFM 12eI
'1
John R. ,Massey
708/109 160.0
ZONE GB
CITY UMIT LINE
SD
GB
Z
ZONE SD
r'~
0
rY
:X
16 1:7
15
ZONE GB .
ZONE SD
26
.\
rY
L.d
F-
U')
ZE
t--
U')
Ld
ZONE SD
ZONE GB
200'
BROADWAY
200'
I
(TYP.)
29
STREET
Z
HARDCASTLE FAMILY
SUBURBAN DISTRICT
GENERAL BUSINESS
DISTRICT
U~ PARTNERSHIP
ZONE CHANGE
FROM
lID TO GB
D~d~DI~G., 1996 HO~Z:~", 200'
VERT :l"--
Cltkd I~.C.R. LONG 96-1253
SHEET
1
oF I
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:
No. Date 19 __
No. Date 19 __
Subscribe and worn to before me this
19
_jr'~Editor
day of
~,,~---::"~'* .......,.~,...t~of,l:~: as
Laura Ann Emmons, Publisher
of the City 'el
~eeter
Subdivision in the
& B.R.R. Company
Survey, A-242, Brazoria
;~ty, Texas:
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:
N o. Date 19
No. Date 19
N o. Date 19
Subscribe and worn to before me this
19
Editor
?-- ~ day of J~-- ~
Laura Ann Emmons, Publisher
PEARLAND
July 15, 1997 ~x~7
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON 3 TRACTS IN
WESTCHESTER ESTATES SUBDIVISION
Request of owners for an amendment to the Land Use and Urban Development Ordinance of
said City from Classification Suburban Development District (SD) to General Business (GB) on
the following described properties, to-wit:
Located in Westchester Estates Subdivision in the H.T.& B.R.R. Company Survey,
A-242, Brazoria County, Texas, and being more particularly described as follows:
Application No. 129
Owner:
Agent:
Legal Description:
Address:
Britton Ryan, Jr.
Mauris Hardcas~e
Tract 16
None
Application No. 130
Owner: PAM Properties, Inc.
Agent: Mauris Hardcas~e
Legal Description: Tract 17
Address: None
Application No. 131
Owner:
Agent:
Legal Description:
Address:
Hardcastle Family Limited Partnership
Mauris Hardcastle
Tract 27
None
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on July 14, 1997, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 · www. ci.pearland.tx.us
A motion was made by Commissioner Randy Patro, and seconded by Commissioner Mary Starr
to approve Application No. 129, with the exception of installing an 8' privacy fence across the
south property line adjacent to Lot 15.
Motion passed to approve 4 to 0.
A motion was made by Commissioner Randy Patro, and seconded by Commissioner Mary Starr
to table Application No. 130.
Motion passed to table 3 to 1 (Vice Chairman Emil Beltz voted nay).
A motion was made by Commissioner Randy Patro, and seconded by Commissioner Mary Starr
to approve Application No. 131, with the exception of erecting an 8' privacy fence on the west
side of Lot 26, and the south side of Lot 25.
Motion passed to approve 4 to 0.
This is submitted for your consideration.
Sincerely,
Emil Beltz, Vice Chairman
Planning & Zoning Commission
PEARLAND
July 29, 1997 .~
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 130
(tabled at previous meeting)
Request of owners for an amendment to the Land Use and Urban Development
Ordinance of said City from Classification Suburban Development District (SD) to
General Business (GB) on the following described property, to wit:
Tract 17 in Westchester Estates Subdivision in the H.T. & B. R. R. Company Survey,
A-242, Brazoria County, Texas
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on July 28, 1997, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Emil Beltz, and seconded by Commissioner Mary Start
to approve Zoning Application No. 130.
Motion passed to approve 6 to 0.
This is submitted for your consideration.
Sincerely,
p ~
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 · www. ci.pearland.tx.us