Ord. 509-134 05-12-97 FailedAN ORDINANCE OF
ORDINANCE NO. 509,
ORDINANCE NO. 509-134
THE CITY OF PEARLAND,
FAILED
5-12-97
TEXAS, AMENDING
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
LOTS 1 AND 2 OF SKYWAY MANOR SUBDIVISION, AND IN ADDITION IN
BRAZORIA COUNTY, TEXAS, AS RECORDED IN VOLUME 7, PAGE 67 OF THE
PLAT RECORDS. (APPLICATION NO. 118) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
AT THE REQUEST OF E. 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, E. Mauris Hardcastle, agent for Robert L. Petty, owner, filed on December
4, 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 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 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 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 Commercial District (C).
Lots 1 and 2 of Skyway Manor Subdivision, an addition in Brazoria County,
Texas, as recorded in Volume 7, Page 67 of the Plat 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. 509-134
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
Brazetie and Harris Counties
1', Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Flarris Counties in the REPORTER NEWS, a newspaper o1: genera!
circulation in Brazoria and Harris Courttics, ~or / issues, ~s i'ollows:
No. Date
No. Date
No. Date
No. Date
19
19
19
Subscribe and worn to before rnc this
19
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/ q day of ~'2~ '/
r
N~i~TE O~ A *J6T~i..T ~Umi
L.I;: HEARING ;OF:.THE: CI'I~'
C~UNC~t; aNi)' .T~!E PLAN~
NING AND ZONING' COM;!
MISSION OF.,.'tH~;CITY O .:.'
PEARLAND, T~XAS. ~ :F
end the Pianii'ing'"~"'ZOning~
Conemission of the Oily of
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recorded in' Voltime' 113,
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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. 118
Request of E. 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 District (SD) to Commercial District (C) on the following
described property, to-wit:
Lots 1 and 2 of Skyway Manor Subdivision, an addition in Brazoria County, Texas, as
recorded in Volume 7, Page 67 of the plat 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 Mary Start, and seconded by Commissioner Emil Beltz
to approve Application No. 118.
Motion passed to approve 3 to 1 (Commissioner Randy Patro abstained).
This is submitted for your consideration.
Sincerely,
Pat Lopez, ViSe Ch~aman
Planning & Zoning Commission