Ord. 509-476 07-11-00 Failed FAILED 7/11/00
ORDINANCE NO. 509-478
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 79.94 ACRES OF LAND, BEING THE NORTH
½ OF THE SOUTHEAST ½ OF SECTION 12, H.T. & B.R.R. CO. SURVEY, A-
508, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 909) (MAGNOLIA
ROAD @ BAILEY ROAD) FROM CLASSIFICATION COMMERCIAL DISTRICT
(C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY
DWELLING DISTRICT (R-2) AT THE REQUEST OF MAURIS HARDCASTLE
OF HARDCASTLE REAL ESTATE, AGENT FOR MARY F. EDWARDS,
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 of Hardcastle Real Estate, agent for Mary F. Edwards,
Owners, filed on February 22, 2000, 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 chang~ 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 'W'; and
WHEREAS, on the 12"~ of June, 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 20~ day of June, 2000, 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 Of Hardcastle Real Estate, agent for Mary F.
Edwards, Owner, whereby the Commission recommended and approved a change of
1
classification for the property described in Exhibit "A" from its existing classification of
Commercial District (C) and Heavy Industrial District (M-2) 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 July 10, 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 Mauris Hardcastle of Hardcastle Real Estate, agent for Mary F. Edwards,
Owners, 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 Commemial District (C) and Heavy Industrial
Di~strict (M-2) to is hereby for all purposes changed and reclassified as Single Family Dwelling
District (R-2); such property being more particularly described as:
79.94 acres of land, being the North ½ of the Southeast % of Section 12, H.T. & B.R.R.
Co. Survey, A-508, Brazoria County, Texas (Magnolia Road @ Bailey 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
2
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.
ORDINANCE NO. 509-476
PASSED, APPROVED, and ADOPTED on First Reading this day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Readingthis day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
__ Change in Zoning Classification l~omC, ommercial to: R3 Residential
Heavy Industrial
__ Change in Regulations in Section #:
__ Specific Use for: *
Prope~yad~ess: Veterans Drive (Between Magnolia and CoR. 101
I
Lot:15&16 ~®~k:sec. 12 I ~l~d~k~W. Abstract 508
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: Residential subdivision
Record owners name: ~a r_v F. Edward~
Owner's mailing address: 74 ] ~ ~]xr~ng, Houston, Texas 77030
Owner's telephone number: 713 - 661- 5122
Agem'sname:Mauris Hardcastle
Agent's mailing address:P.O.Box 846, Pearland, Texas 77588
Agent's telephone number: 281- 485- 6000
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~ofthe 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.
Received
R-2(370)
--- AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
~tate of Texas
3razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
',irculation in Brazoria and Harris Counties, for ! issues, as follows:
No. /~ Date ~,'/ /1~ 20 ~'~
No. Date 20 __
No. Date 20
No. Date 20 __
No. Date 20 --
President
iubscribe{)L~ and sworn to before me this
r
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
.~tate of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;irculation in Brazoria and Harris Counties, for / issues, as follows:
NO. / Date ~/" ~o 20 ~<J
No. Date 20 __
No. Date 20 __
No. Date 20 __
No. Date 20 __
;ubscribe and sworn to before me this ..~'7 '
Notary~xas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
.~tate of Texas
~razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:irculation in Brazoria'and Harris Counties, for / issues, as follows:
No. ~/ Date ~ 2. ~/ 20 b-o ..
No. Date 20
No. Date - 20
No. Date '20 - - '
No. Date
~)o0;ubscribe and sworn to before me this ~'~'~~s
her
as
June 20, 2000
Honorable Mayor and Council Members
city HaU
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 909
Request of Mauris ltardeastle of Hardeastle Real Estate, agent for Mary I~. Edwards,
owner, for an amendment to the Land Use and Urban Development Ordinance of said City
from Commercial District (C) and Heavy Industrial District 0VI-2) to Single Family
Dweiling District (R-3) on the following described property, to wit:
?9.94 acres of lnnd, being the North ½ of the Southeast 1/4 of Section 12, It. T. & B. 1LR. Co.
survey, A-$08, Brazoria Co., TX (Magnolia Rd ~ Bailey Rd)
Honorable Mayor and Coune'fl Members:
At a regular meeting held on June 19, 2000, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Ioeco and seconded by Commissioner Donald Glenn
to recommend denial of Zone Change Application No. 909.
Motion to deny passed 4 to 0 (2 abstentions).
This is submitted for your consideration.
~Sincerely' ~ .
Planning & Zoning Commission
Change in Application for Re Zoning
Agent Mauris Hardcastle
Hardcastle Real Estate
6302 Broadway
Pearland, Texas 77581
June 29, 2000
Reference: Application #907, #908 and #909
Dear Mrs. Phipps,
The owners of the above three properties wish to change their initial application request for R3
Residemial.
Due to the opposition encountered at the public hearing on June 12, 2000 the owners wish to
change their initial request to R2 Residemial.
Thank you for your time and consideration in regard to this matter.
Very tmely yours,
E.M.H~dc~tle