Loading...
Ord. 509-707 04-12-04ORDINANCE NO. 509-707 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 14.1 ACRES OF LAND, MORE OR LESS, BEING OUT OF TRACTS 29, 30 AND 43, GEORGE W. JENKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF FILED IN VOLUME 2, PAGE 20 BRAZORIA COUNTY PLAT RECORDS, S. F. PERRY& E. M. AUSTIN SURVEY, ABSTRACT 111 (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518, AND EAST OF PINE HOLLOW DRIVE) (APPLICATION NO. 1160) FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF THE CITY OF PEARLAND, 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, the City of Pearland, filed on February 23, 2004, 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 15th of March, 2004, 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 12th day of April, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-707 proposed amendment application by the City of Pearland, whereby the Commission recommended to approve a change of classification for the property described in Exhibit "A" from its existing classification of Multi -Family District (MF) to Single Family Dwelling District (R-4); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and recommendation of the Planning and Zoning Commission at a regular meeting on April 12, 2004; 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 the City of Pearland, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT 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 Multi -Family District (MF) is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-4), such property being more particularly described as: 14.1 acres of land, more or less, being out of tracts 29, 30 and 43, George W. Jenkins Subdivision according to the plat thereof filed in Volume 2, Page 20 Brazoria County Plat Records, S. F. Perry & E. M. Austin Survey, Abstract 111 (Generally Located on the South Side of FM 518, and East of Pine Hollow Drive). 2 ORDINANCE NO. 509-707 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. 3 ORDINANCE NO. 509-707 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. PASSED, APPROVED, and ADOPTED on First Reading this 12th day of April , 2004. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-707 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of April , 2004. ATTEST: APPROVED AS TO FORM: („_:_. ir , 61,--- DARRIN M. COKER CITY ATTORNEY .14it, L TOM REID MAYOR 5 APPLICATION FOR A CHANGE IN ZONING Please check one: City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Change in Zoning Classification from: /1F to: ,' "`, iy/e fa--,, /y ©tt'g /;? (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : j (list proposed use) Property Information: f �4 5 i ,�i p e(� i? 1 11 I I l I Vtitir Address: .S e 'z/krX AZ cc.,I C[i�c!y l/eszs,.'p/i'--, Subdivision: Lot: Block: Tax I.D. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): (/f z Future/proposed use of property and reason for zone change: PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME NAME C/ ADDRESS ADDRESS2S'/y,,- CITY STATE ZIP CITY dam, -?I STATE /.r ZIP 77S67/ PHONE( ) PHONE(26/ ) 61.2- - /60J FAX( ) FAX( 7--ff/ ) tS Z - / ?of E-MAIL ADDRESS E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Date: Date: Agent's Signature: OFFICE USE ONLY: FEES PAID: n / DATE PAID: RECEIVED BY: / " l n APPLICATION NO. / / (DO_ LOCATION MAP Zone Change Application No. 1160 Owner: Frances Jamison, L.P. Applicant: City of Pearland South Side of FM 518, and East of Pine Hollow Drive (MF - R4) N W�E s 0 200 400 Feet I1I1I I 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, Harris & Galveston Counties, for / issues, as follows: No. / Date . �6--- 20 . No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20_4_ • • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • • • day of 122 Laura Ann Emmons, Publisher Notary Public, State of Texas Published Feb. 25 & March 3,2004 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1160 Notice is hereby given that on March 15, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris . and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of the City of Pearland, applicant, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Single Family Dwelling District (R-4), on the follow- ing described property, to wit: 14.1 acres, more or less, being generally located in the George W. Jenkins Subdivision; the northwest- erly and southwesterly line being partially common with the northeasterly line of Pine Hollow, Section 1-C and Pine Hollow, Section 3- A; the easterly line being common with the northwest- erly line of Pine Hollow, Section 2-A and Texas Windmill Apartments; the northeasterly line being approximately 400' west of and parallel with the south- westerly line of Farm Market Road 518 (100' wide); All that certain 14.1 acres of land, more or less, being out of tracts 29, 30 and 43 George W. Jenkins Subdivision according to the plat thereof filed in Volume 2, Page 20 Brazoria County Plat Records, S. F. Perry & E. M. Austin Survey, Abstract 111 and being out of that certain tract described in a deed dated 04-21-2001 from Frances Elizabeth Jamison, Executrix to Frances Jamison Real Estate Limited Partnership, LTD as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 01.036250 and being more particularly described by metes and bounds as follows (bearings based on the recorded plat of Pine Hollow Sections 1- C, 2-A and 3-A); Beginning at a point mark- ing the most northeasterly corner of Pine Hollow Section 1-C according to the plat thereof filed in Volume 19, Page 727-728 Brazoria County Plat Records; Thence S 59° 36' 42" E- 433.0', more or less, to a point for corner; Thence S 27° 39' 34" W- 439.8', more or less, with the northwesterly line of that certain called 8.212 acres tract described in a deed dated 04-23-1991 from IDS Life Insurance Company to Texas Windmill Apartments filed in Volume (91) 900, Page 11 Brazoria County Official Records to a point for corner; Thence S 44' 52' 57" E — 314.3', more or less, with the southwesterly line of said Texas Windmill i tdmtor Apartments to a p corner; Thence S 45° 15' 45" W — 502.4', more or less, with the northwesterly line of Reserve "C", Pine Hollow, Section 2-A according to the plat thereof filed in Volume 20, Page 277-278 Brazoria County Plat Records to a point for corner; Thence N 44° 59' 51" W- 864.4', more or less, with the northeasterly line of said Reserve "C", Pine Hollow, Section 2-A, Reserve "A", Pine Hollow, Section 3-A according to the plat thereof filed in Volume 20, Page 219-220 Brazoria County PIat.Records and Reserve "B" of said Pine Hollow, Section 1-C to a point for corner; Thence N 45' 09' 50" E- 813.6', more or less, with the most northerly east line of said Pine Hollow, Section 1-C to the POINT OF BEGINNING and containing 14.1 acres of land more or less. (Generally Located on the South Side of FM 518, and East of Pine Hollow Drive) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the sub- ject. /s/ Theresa Grahmann Planner I AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No / Date 3 - 3 20 No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 204 _ LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of 4,4/V__) aura Ann Emmons, Publisher 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, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No / Date - �� 20 C 9 No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20_ LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 .. • • • • day ofjt-b Laura Ann Emmons, Publisher Notary Public, State of Texas Published Feb. 25 & March 3,2004 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1160 Notice is hereby given .that on March 15, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of the City of Pearland, applicant, for an amendment' to the Land Use and Urban Development Ordinance of said_ City from classification Multi -Family District (MF) to Single Family Dwelling District (R-4), on the follow- ing described property, to wit: 14.1 acres, more or less, being generally located in the George W. Jenkins Subdivision; the northwest- erly and southwesterly line being partially common with the northeasterly line of Pine Hollow, Section 1-C and Pine Hollow, Section 3- A; the easterly line being common with the northwest- erly line of Pine Hollow, Section 2-A. and Texas Windmill Apartments; the northeasterly line being approximately 400' west of and parallel with the south- westerly line of Farm Market Road 518 (100' wide); All that certain 14.1 acres of land, more or less, being out of tracts 29, 30 and 43 George W. Jenkins Subdivision according to the plat thereof filed in Volume 2, Page 20 Brazoria County Plat Records, S. F. Perry & E. M. Austin Survey, Abstract 111 and being out of that certain tract described in a deed dated 04-21-2001 from Frances Elizabeth Jamison, Executrix to Frances Jamison Real Estate Limited Partnership, LTD as filed in Official Records of "Real Property of Brazoria County at Clerk's File Number 01-036250 and being more particularly described by metes and bounds as follows (bearings based on the recorded plat of Pine Hollow Sections 1- C, 2-A and 3-A); Beginning at a point mark- ing the most northeasterly corner of Pine Hollow Section 1-C according to the plat thereof filed in Volume 19, Page 727-728 Brazoria County Plat Records; Thence S 59' 36' 42" E- 433.0', more or less, to a point for corner; Thence S 27' 39' 34" W- 439.8', more or less, with 'the northwesterly line of that certain called 8.212 acres tract described in a deed dated 04-23-1991 from IDS Life Insurance Company to Texas Windmill Apartments filed in Volume (91) 900, Page 11 Brazoria County Official Records to a point for corner; Thence S 44' 52' 57" E — 314.3', more or less, with. the southwesterly line of said Texas Windmill Apartments to a point for corner; Thence S 45° 15' 45" W — 502.4', more or less, with the northwesterly line of Reserve "C", Pine Hollow, Section 2-A according to the plat thereof filed in Volume 20, Page 277-278 Brazoria County Plat Records to a point for comer; Thence N 44° 59' 51" W- 864.4', more or less, with the northeasterly line of said Reserve "C", Pine Hollow, Section 2-A, Reserve "A", Pine Hollow, Section 3-A according to the plat thereof filed in Volume 20, Page 219-220 Brazoria County Plat Records ,and Reserve "B" of said Pine Hollow, Section 1-C to a point for corner; Thence N 45' 09' 50" E- 813.6', more or less, with the most northerly east line of said Pine Hollow, Section 1-C to the POINT OF BEGINNING and containing 14.1 acres of land more or less. (Generally Located on the South Side of FM 518, and East of Pine Hollow Drive) At said hearing all interested parties shall have the right and Opportunity to appear and be heard on the sub- ject. /s/ Theresa Grahmann Planner I April 12, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1160 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Single Family Dwelling District (R-4) on the following described property, to wit: Legal Description: 14.1 acres of land, more or less, being out of tracts 29, 30 and 43, George W. Jenkins Subdivision according to the plat thereof filed in Volume 2, Page 20 Brazoria County Plat Records, S. F. Perry & E. M. Austin Survey, Abstract 111 (Generally Located on the South Side of FM 518, and East of Pine Hollow Drive) At a regular meeting held on April 12, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Linda Cowles made a motion to forward Zone Change Application No. 1160 to City Council for approval with a second made by Vice Chairman Sheryl Greiner. Motion to approve passed 6-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission Owner: Frances Jamison, L.P. Applicant: City of Pearland Page 1 of 1