Ord. 509-474 07-11-00 FailedORDINANCE NO. 509-474
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 40 ACRES BEING LOTS 15A & 15B OUT OF
SECTION 12, H.T. & B.R.R. CO. SURVEY, A-508, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 907) (VETERANS DRIVE @ BAILEY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF MAURIS
HARDCASTLE OF HARDCASTLE REAL ESTATE, AGENT FOR READ
PARTNERS L.P. & KITTY L. READ, 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 Read Partners L.P.
& Kitty L. Read, Owner, filed on FebruanJ 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 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 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 Read
Partners L.P. & Kitty L. Read, Owner, whereby the Commission recommended and approved
Change in Zoning Classification from:c- 5'~DF;~l~izx~ to: R3 RESIDENTIAL
__ Cl'mnge in Kegulations in Section #:
. .. Specific Use for: *
Property address: VETERANS DRIVE @
LOt:L5A'& 15BI~:SECTION 12
Metes & Bounds Description:
(unplatted property only; attach survey)
C.R.101
M~Ig~'i%R:Ph:ABSTRACT 508, 40 ACRES
Taxl.D. number: 0508-0014-000
Proposed use of land within requested designation: SINGLE FAMIBY RESIDENTIAL
Record0wner~snmne: READ PARTNERS L.P. AND KITTY L. READ
Owner's mailing addreSS: 6 135 OLYMPIA, HOUSTON, TEXAS 77057
.Own_er's telephone number: 7 13 - 7 8 2 - 0 2 2 7
Agent's name: MAURIS HARDCASTLE
Agent's mailing address: P .0. BOX 846, PEARLANDr TEXAS 77588
Agent's telephone number: 2 8 1- 4 8 5 - 6 0 0 0
PETITION: As owner/agent, t hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Peru'land. *On a Specific Use Permit
request to allow a residential use in a business zone tOP, NS, GB), I acknowledge that such use may be
Omer's Signattlre: ~ }, ~ Agent's si~atur ~%
Received ~~
IfD
u
0
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.
No.
No.
No.
No.
1
Date
Date
Date
Date
Date
20 d~
20.
20
20.
20
Subscribe and sworn to before me this
President
7-0 da of ~/
~ LAURA A, EMMON8' '
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. / issues, as follows:
No.
No.
No.
No.
No.
Date
Date
Date
Date
Date.
Subscribe and sworn to before me this
· : 20::
2o
· :2o.r,z
'20
res'dent
P,
._- xas
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
No.
Date
Date
20__
20
No.
Date
Date
20¸
Subscribe and sworn to before me this
2O O0
June 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re'-
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 907
Request of Mauris Hardcasfie of Hardcastle Real Estate, agent for Read Partners L.P. &
Kitty L. Read, owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from Suburban Development District (SD) to Single Family
Dwelling District (R-5) on the following described property, to wit:
40 acres being Lots 15A & 15B out of Section 12, IL T. & B. R.R. Co. survey, A-508, Brazoria
Co., TX (Veterans Drive ~ Bailey Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 19, 2000, after a Joint Public Heating, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Ioceo and seconded by Commissioner Donald Glenn
to recommend denial of Zone Change Application No. 907.
Motion to deny passed 4 to 2.
This is submitted for your consideration.
Sincerely,
Mary Start, Chairman
Planning & Zoning Commission
ORDINANCE NO. 509-474
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 40 ACRES BEING LOTS 15A & 15B OUT OF
SECTION 12, H.T. & B.R.R. CO. SURVEY, A-508, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 907) (VETERANS DRIVE @ BAILEY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF MAURIS
HARDCASTLE OF HARDCASTLE REAL ESTATE, AGENT FOR READ
PARTNERS L.P. & KITTY L. READ, 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 Read Partners L.P.
& Kitty L. Read, Owner, 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 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 '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 20m 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 Read
Partners L.P. & Kitty L. Read, Owner, whereby the Commission recommended and approved
3.
a change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (SD) 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 Read Partners L.P. &
Kitty L. Read, 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
Pearland, Texas, and presently classified as Suburban Development District (SD) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-2); such
property being more particularly described as:
40 acres being Lots 15A & 15B out of Section 12, H.T. & B.R.R. Co. Survey, A-508,
Brazoria County, Texas (Veterans Drive @ 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. 509-474
PASSED, APPROVED, and ADOPTED on First Reading this llth day Of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,2000.
day of
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITYATTORNEY
Change in Zmfing Classification I~o~n:cOM {~fi]~i. to: R3 RESIDENTIAL
__ Change in Regulations in Section ti;
Specific Use fo[! *
Property address: VETERANS DRIVE
Lota. SA& 15BB'~: SECTION 12
Metes & Bounds Description:
_ (unplatted property only; attach survey)
@ C.R.101
~ ~;ltMl~i'~lbl't: ABSTRACT 508,
40 ACRES
Tax I.D. number: 0508-0014-000
Proposed use of lined within requested designation: SINGLI~ FAMI,LY RESIDENTIAL
Record 0wner% name: READ PARTNERS L.P. AND KITTY L. READ
Owner's mailing addfeSs: 6135 OLYMPIA, HOUSTON, TEXAS 77057
· Own_efs telephone number: 7 13 - 7 8 2 7 0_ 2 2 7
Agent'shame: MAURIS HARDCASTLE
Agent'smailingaddress:P.O.BOx 846, PEARLAND, TEXAS 77588
Agent's telephone number: 2 8 1- 4 8 5 - 6 0 0 0
PETITION: As owner/agent, l hereby petition the City for approval of the above described request as
provided by the laws of the State or'Texas and Ordinances of the City of Peru'lined. *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
Feespaid:$ 2 ~ Date aid: O~ ~
Received y: )
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.
No.
No.
No.
No.
Date
Date
Date
Date
Date
20 .
20N
201
Subscribe and sworn to before me this
President
da of ' [
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 / issues, as follows:
No.
No.
No.
No.
No.
Date
Date
Date
Date
Date
Subscribe and sworn to before me this
2O
20
20 ~
· President
ay of /
8S
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 ~""- 2 r-7/
20 ~D
No.
No.
No.
No.
Date
Date
Date
Date
20
20__
20__
20
YPresident
Subscribe and sworn to before me this
2{)
Uay of
i, ' her
S
June 20, 2000
Honorable Mayor and Council Members
City Hail
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 907
Request of Mauris Hardcastle of Hardcastle Real Estate, agent for Read Partners L.P. &
Kitty L. Read, owner, for an amendment to the Land Use and Urban Devdopment
Ordinance of said City from Suburban Development District (SD) to Single Family
Dwelling District (R-3) on the following described property, to wit:
40 acres being Lots 15A & 15B out of Section 12, IL T. & B. R.R. Co. survey, A-508, Brazoria
Co., TX (Veterans Drive ~ Bailey Road)
Honorable Mayor and Council 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 Iocco and seconded by Commissioner Donaid Glenn
to recommend deniai of Zone Change Application No. 907.
Motion to deny passed 4 to 2.
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
Jane 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 IB
Residential.
Due to the opposition encotmtered at the public hearing on June 12, 2000 the owners wish to
change their initial request to R2 gg, tidglRial.
Thank you for your time and consideration in regard to this matter.
Very tinely yours,
E.M.Hardcastle