Ord. 509-475 07-11-00 Failed FAILED 7/11/00
ORDINANCE NO. 509'475
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 LOTS NO 9A AND 12A OUT OF SECTION 12,
H.T. & B.R.R. CO. SURVEY, A-508, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 908) (VETERANS DRIVE BETWEEN MAGNOLIA &
BAILEY ROAD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND
HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DWELLING
DISTRICT (R-2) AT THE REOUEST OF MAURIS HARDCASTLE OF
HARDCASTLE REAL ESTATE, AGENT FOR RANDALL L. FERGUSON &
LLOYD R. FERGUSON, OWNERS, 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 Randall L.
Ferguson & Lloyd R. Ferguson, 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 ora 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 12th 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 20th 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 Randall L.
1
Ferguson & Lloyd R. Ferguson, Owners, whereby the Commission recommended and
approved a change of 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 Randall L. Ferguson &
Lloyd R. Ferguson, 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 Commerical District (C) and Heavy Industrial
District (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:
Being Lots No. 9A and 12A out of Section 12, H.T. & B.R.R. Co. Survey, A-508,
Brazoria County, Texas (Veterans Drive between Magnolia & Bailey 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
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 exemise 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 tl~e~
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. 509-475
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 Reading this __ day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
__ Change in Zoning Classification from: COMMERCIAL to: R3 RESIDENTIAL
__ Cbmlge in P, egulations in Section #:
Specific Use for: *
Property address: VETERANS DRIVE (BETWEEN MAGNOLIA AND C.R. 101)
Lot:9A & 12A[~10~4~. SECTION 12 ,~'u;o~Ms{~ ABSTRACT 508
Metes & Bounds Description:
(uoplatted property ouly; .attach survey) .
Tax I.D. number:
Proposed use of land within requested designation: RESIDENTIAL SUBDIVISION
Record owner'sname: RANDALL L. FERGUSON AND LLOYD R. FERGUSON
Owner's mailing address: p,O.BOX 66, PEARLAND, TEXAS 77588
Owner's telephone number: 2 81 - 4 8 5 3 211
Agent's nmne: MAURIS HARDCASTLE
Age,Wsman g aduress. P.O.BOX 846, PEARLAND~ TEXAS 77588
Agent s telephone number: 2 81- 4 8 5- 6 0 0 0
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 mid Ordinances of the City of pearlmld. *On a Specific Use Permit
request to allow a residential t.t,.~/ in a business zone tOP, NS, GB), I acknowledge that such use may be
incompatible with cu~l t~ propenies in my viciuity.
Owners signature) /(*o ~ 7~/' Agents signature:
Received b .... ~ ~
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 ~,'// //¥ 20 4t'D
No. ' Date 20 __
No. Date 20 __
No. Date 20 __
No, Date 20 --
President
2~)Subscribeo,~ and sworn to before me this 7~o
r
Notary Public, State of Texas
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 / :~ssues, as follows:
NO. / Date ¢' ~o 20.
No. Date 20 __
No. Date 20
No. Date 20
No. Date 20 __
/ President
Subscribe and sworn to before me this ~'7~/-'dav of (/~)~,~_//
20 PJ ~~'
Notar;y~xas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Braze ria 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 ~ 2. ~7/ 20 ~
No. Date 20
No. Date .20 ·
No. Date '20 · ·
No: Date 20.--
/President
Subscribe_~0 O0 and sworn to before me this
June 20,2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 908
Request of Mauris Hardcastle of Hardcastle Real Estate, agent for Randall L. Ferguson &
Lloyd R. Ferguson, owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from Commercial District (C) and Heavy Industrial District (M-2)
to Single Family Dwelling District (R-3) on the following described property, to wit:
Being Lots No. 9A and 12A out of Section 12, H. T. & B. 1LR. Co. survey, A-508, Brazoria Co.,
TX (Veterans Drive between Magnolia & Bailey Road)
Honorable Mayor and Council Members:
At a regular meefmg 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. 908.
Motion to deny passed 4 to 0 (2 abstentions).
This is submitted for your consideration.
Sincerely, ~
Mary Starr, Chairman
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
Residential.
Due to the opposition encountered at the public hearing on June 12, 2000 the owners wish to
change their initial request to 112 Residential.
Thank you for your time and consideration in regard to this matter.
Very truely yours,
E.M.Hardcastle