Ord. 509-360 11-08-99 ORDINANCE NO. 509-360
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 TRACTS 125A & 128A, APPROXIMATELY
20.00 ACRES, OUT OF THE A.C.H. & B. SURVEY, A-147, ACCORDING TO
THE MAP OR PLAT RECORDS OF BRAZOIRA COUNTY, TEXAS
(APPLICATION NO. 814) (JOHN LIZER ROAD) FROM CLASSIFICATION
GENERAL BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING
DISTRICT (R-2) AT THE REQUEST OF MAURIS HARDCASTLE, AGENT FOR
ROY W. WILLIAMS, JR., 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 Roy W. Williams, Jr., Owner, filed on
July 29, 1999, a 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 27t~ of September, 1999, 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 5t~ day of October, 1999, 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 Roy W. Williams, Jr., Owner, whereby
the Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of General Business District (GB) to
Single Family Dwelling District (R-2); 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 October 25, 1999, 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 Roy W. Williams, Jr., 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
Peariand, Texas, and presently classified as General Business District (GB) to is hereby for
all purposes changed and reclassified as Single Family Dwelling District (R-2); such property
being more particularly described as:
Being Tracts 125A & 128A, approximately 20.00 acres, out of the A.C.H. & B. Survey,
A-147, according to the map or plat records of Brazoira County, Texas (John Lizer
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
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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-360
PASSED, APPROVED, and ADOPTED on First Reading this 25th day of
October , 1999.
TOM REID
MAYOR
ATTEST:
)f/OpN-G L~'~~' ~/
~ SE~/ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day
of November ,1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October 27, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 814
Request of Manris Hardcastle, agent for Roy W. Williams, Jr., owner, for an amendment
to the Land Use and Urban Development Ordinance of said City from Classification
General Business District (GB) to Single Family Dwelling District (R-2) on the following
described property, to wit:
Being Tracts 125A & 128A, approximately 20.00 acres, out of the A.C.H. & B. survey, A-
147, according to the map or plat records of Brazoria Co., TX (John Lizer Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 4, 1999, after the Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice Chairperson Tommy Scott and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 814.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr
Planning & Zoning Chairperson
..... Change in Regulations in Section//:
Specific Usc for: '
Lot: Block: , I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Proposed usc of lind within requested desxgnatlon
Record owner's name:
Owner's mailing address:
Owner's telephone number: ..~/Z-- ~7z-- ~ ~' ;~. ..........
PETI*HO~: As a~n~r/a~nt, X lx~r~by I~titi~n th~ Cit~ f~r approval ~f th~ a~a descried reqoest as
provided by tl~e laws of thc State of Texas and OrOi~nccs of thc City of Pcarland. *On a S~cific Usc
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such usc
may ~ incompatible with current and future uses on proi~rties in my vicinity. ._: ..
Ow.c~'s sit~, attar' ~ Agent ~ signature: , ~ ._
ZONE R-1
ZONE SDB
ZONE
ZONE
MAGNOLIA
JOHN UZER
ZONE M-2
ZONE R-4-
ZONE C~
SDB SUBURBAN DISTRICT BUSINESS
R-1 LOW DENSI'I'Y SINGLE FAMILY DWELLING DISTRICT
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
R-4- MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
GB GENERAL BUSINESS DISTRICT
C COMMERCIAL DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
M-2 HEAVY iNDUSTRIAL DISTRICT
ZONE CHANGE
FROM
QB TO R-2
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 19 __
No. Date 19__
No. Date 19 __
No. Date 19 --
~resident
;ubscribe and sworn to before me this
~e ~7th da~of
Young Lorfing
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
cimulation in Brazoria and Harris Counties, for / issues, as follows:
NO,
NO.
NO.
NO.
Date
Date
Date
Date
Date
19
Subscribe and sworn to before me this
/ ~ day of -~1~i
L~er
Notary Public, State of Texas
:PLANNING AND;