Ord. 509-133 05-12-97 Failed FAILED
5-12-97
ORDINANCE NO. 509-133
AN ORDINANCE 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
THE EAST ~/~ OF LOT 64, HTBRR CO. SURVEY, SECTION 9, A-234, BRAZORIA
COUNTY, TEXAS, RECORDED IN VOLUME 113, PAGE 241 OF THE DEED
RECORDS. (APPLICATION NO. 117) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF E. MAURIS HARDCASTLE, AGENT FOR FRANCES POWELL
ADAMS, 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 for Frances Powell Adams, owner, filed on
December 30, 1996, 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 28 th day of April, 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 29th day of April, 1997, 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 for Frances Powell Adams, 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 Commercial District (C); 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 May 12, 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 E. Mauris Hardcastle, agent for Frances Powell Adams, 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 Commercial District (C).
The east 1/2 of Lot 64, HTBRR Co. Survey, Section 9, A-234, Brazoria County,
Texas, recorded in Volume 113, Page 241 of the Deed Records.
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-133
PASSED, APPROVED, and ADOPTED on First Reading this
,1997.
day of
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1997.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
AMY MOTES MCCULLOUGH
CITY ATTORNEY
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1', Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Harris Counties in the REPORTER NIWS, a newspaper oi: general
circulation in Brazoria and Harris Counties, for issues, as [ollows:
No. Date 19
No. Date 19
No. Date 19
No. Date 19
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3519 Liberty Drive · Pearland, Texas 77581-5416
(281) 485-2411 ® Fax (281) 485-8764
April 29, 1997
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 117
Request of E. Mauris Hardcastle, agent for Frances Powell Adams, owner, for an
amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development District (SD) to Commercial District (C) on the
following described property, to-wit:
The east ~ of Lot 64, HTBRR Co. Survey, Section 9, A-234, Brazoria County, Texas,
recorded in Volume 113, Page 241 of the Deed Records.
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on April 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 Starr
to approve Application No. 117.
Motion passed to approve 3 to 1 (Commissioner Randy Patro abstah~ed).
This is submitted for your consideration.
Sincerely,
Pat Lopez, Vice Chairman
Planning & Zoning Commission
OPdnted on Recycled