Ord. 509-440 04-10-00 ORDINANCE NO. 509-440
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 LOCATION BEING A 5.00 ACRE TRACT OF LAND OUT OF
SECTION 17, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY,
TEXAS AS DESCRIBED IN DEED RECORDS IN VOLUME 1318, PAGE 843, OF
THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS {APPLICATION NO,
89t) (MANVEL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF E.
MAURIS HARDCASTLE, AGENT FOR HARDCASTLE FAMILY LIMITED
PARTNERSHIP, 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 Hardcastle Family Limited Partnership,
Owner, filed on December 29, 1999, 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 applications for amendment attached hereto, and made a part hereof
for all purposes, as Exhibit "A"; and
WHEREAS, on the 28~ of February, 2000, 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 7th day of March, 2000, 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 Hardcastle Family Limited
Partnership, 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 March 27, 2000, 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 Hardcastle Family Limited Partnership, Owner,
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
Peatland, Texas, and presently classified as Suburban Development District (SD) to is hereby
for all purposes changed and reclassified as Commercial District (C); such property being
m~)re particularly described as:
A 5.00 acre tract of land out of Section 17, H.T; & B.R.R. Co. Survey, A-242, Brazoria
County, Texas, as described in deed records in Volume 1318, page 843, of the deed
records of Brazoria County, Texas (Manvel Road)
I1.
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.
II1.
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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
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ORDINANCE NO. 509-440
PASSED, APPROVED, and ADOPTED on First Reading this 27th day of
March, 2000.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10thday of
April ,2000.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
March 7, 2000
Honorable Mayor and Council Members
city HaU
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 891
Request of E. Mauris Hardcastle, agent for Hardcastle Family Limited Partnership, owner,
for an amendment to the Land Use and Urban Development Ordinance of said City from
Suburban Development District (SD) to Commercial District (C) on the following described
property, to wit:
A 5.00 acre tract of land out of Section 17, IL T. & B. R.R. Co. survey, A-242, Brazoria Co.,
TX, as described in deed records in VoL 1318, pg 843, of the deed records of Brazoria Co, TX
(Manvel Road)
Honorable Mayor and Council Members:
At a regular meeting held on March 6, 2000 after a Joint Public Heating, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy L. Scott and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 891.
Motion to approve passed 5 to O.
This is submitted for your consideration.
Sincerely,
~ Change m Zoning Classification ~om ~ to: ~~~
~ Change in Regulation in Section ~:
~ Specific Use for: *
Prope~ ad.ess: ~/{~r ~ ~t
Lot: Block: Subdihsion:
Metes & Bo~ds Deschption:
(unplaced prope~ only; aRach su~ey) ~O/d~ ~ .
Proposed use of l~d wi~ requested desi~ation:
Record owner's nme: ~~ff ~g~ ~/~/~ ~ff~ff]~
Owner's mailing ad&ess: ZO, S0~ g46, ~~ ~ 77~ffff
Owner's telephone nmber: Z f/-- ~ff~-~ 0
Agent's mailing ad&ess: ~Ot~o7 7Zrf
Agent's telephone nmber: ZW- F - 4oem
PETITION: As owneffagem, I hereby petition fl~e CiW for approval of the above described
request as prohded by ~e laws of~e State of Texas and Ordinance of the CiW of Pe~l~d. *On
a Specific Use Pe~t request m allow a residenfi~ use in a business zone (OP, NS, GB), I
ac~owledge ~at such use may be incompatible wi~ cu~em ~d ~e used on prope~es in my
hciniw.
Owner's si~a~~~~- Agent's si~a~e~~;¢/~
Fee paid: $
Received by~ 7/~~ ~ D ?/qff ....
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4.
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ZONE SD
ZONE SD
ZONE SD
OWNERS: HARDCASTLE FAMILY
UMITED PARTNERSHIP
ZONE (;HANEIE
FROM
AFFIDAVIT OF PUBLICATION
The pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 c,~-~ 20 ~
No. Date 20 __
No. Date 20
No. Date 20 __
No. Date 20 __
/ President
Subscribe and sworn to before me this
20 CO
day of /"-~'
Notary Public, State of Texas
Secret,fy . f;
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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
No. , Date 20
No. Date 20
No. Date 20
No. Date 20.--
President
Subscribe and sworn to before me this
20 ~
Laura Ann Emmons, ~ublisher
Notary Public, State of Texas
Cq /