Ord. 509-614 10-14-02ORDINANCE NO. 509-614
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 48.2221 ACRES, BEING ALL OF
TRACT 1 AND A PORTION OF TRACT 2, OF THE B.M. JAMISON TRACT,
SITUATED IN SECTION 1 OF THE A.C.H. & B. SURVEY, A-147, AND THE
T.D. YOCUM SURVEY, A-399, BRAZORIA COUNTY TEXAS (JOHN LIZER
AT PEARLAND PARKWAY)(APPLICATION NO. 1051)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT BUSINESS DISTRICT
(SDB) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF KEN
CAFFEY, AGENT, FOR AMVEST PROPERTIES, INC., 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, Ken Caffey, Agent, for Amvest Properties, Inc., Owners, filed on June
10, 2002, 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'h of August, 2002, 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 10`h day of September, 2002, the Planning and Zoning
1
ORDINANCE NO. 509-614
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Ken Caffey, Agent, for Amvest
Properties, Inc., Owners, whereby the Commission recommended to approved a change
of classification for the property described in Exhibit "A" from its existing classification of
Suburban Development Business District (SDB) to Single Family Dwelling District (R-1)
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 September 23, 2002, 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 Ken Caffey, Agent, for Amvest Properties, Inc., 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:
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Suburban Development Business District
(SDb) to is hereby for all purposes changed and reclassified as Single Family Dwelling
District (R-1); such property being more particularly described as:
48.2221 acres, being all of Tract 1 and a portion of Tract 2, of the B.M. Jamison
Tract, situated in Section 1 of the A.C.H. & B. Survey, A-147, and the T.D. Yocum
2
ORDINANCE NO. 509-614
Survey, A-399, Brazoria County Texas (John Lizer at Pearland Parkway)
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. 509-614
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 23 day of
September ,2002.
ATTEST:
'!UN�'jri is
ITY • ' CRETAR
TOM REID
MAYOR
4
ORDINANCE NO. 509-614
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14 day
of Octoher , 2002.
APPROVED AS TO FORM:
etAs M . Cry--�
DARRIN COKER
CITY ATTORNEY
cot_ac
TOM REID
MAYOR
5
6-11-2002 4:38AM FROM
JLN 11 2002 14:55 FR CITY OF PERRLRND 281 652 1702 10 97137840137
ue
P. 3
CQTY.PF PEARLAND
.ZONE MANGEAPPLICATION 1
:.• sMaSea lonoroi- • ..
s Change In Zoning Classification from: sn 8 to: R7
_
Change in Regulations in Section ft:
Specific Use for: ` •
pp
,tt property address: vacant land 1024 ft. /ranting John Lizer near Pearland Parkway
7,ot: 121 and 126 Abs 0147-36,583 ac
1 tdt:TR. 1A,113 Block:Abst 399=13.272 a
Subdivision: A,C.H. & a Survey
Sutsdivi5lon:T.D. Yocum Survey
Metes & Bounds Description: Brazoria Co. map drawing attached
(unplatted property only; attach survey) Total = 49.855 ac.
dTaxl.D.number: 0147-0041-0G0 and 0399-0003-000
li
Current use of land: vacant
It
Resident•al Development
Proposal use of land:
11
i' Record owner's name: :invest Properties, Inc.
O76
wners matting address: Suite woo way, Ste 238 Houston, texas 77063
•
Owners telephone number: 713/784-6102
11
II
Agents name: teen Caffey
Same as above
i Agent's mailing address
Agent's telephone number:Same as above
it
l
PETITION: As owner/agent, 1 hereby petition the City for approval of Inc above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. 'On a Specific Use
Permit request to allow a residential use in a business zcne (OP. NS, GB). 1 acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
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Owners signature: '
9
nt's signature:
Fees paid: $ 5 325.00 ! I
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Date paid: 6/10/02 1 _
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Received by: \ i- �. ZP-o
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Zone Change Application No. 1051
Amvest Properties, Inc./Ken Caffey
John Lizer near Pearland Parkway
(SDB-R2)
N
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, 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 7 2 20 -0,--
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 05—
LAURA A. EMMONS
.� Notary Pudic, Stste of To35
Commission Exc. re; 9-6-02 t.?
671 Me
President
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
• Public Hearing - Application No. 1051 - 2
Published July 24 & July 31,
2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND, TEXAS
Notice is hereby given that on the 121h day of August,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Communion of the
City of Pearand, Brazoria, -
eHar aadfr4 44—tond-:
Counties, Texas, mill con •
-
dud a pint public hearing in the Council Chambersof
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Ken Gaffey, agent
for Amvest Properties, Inc.,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to Single
Family Dwelling District (R-
2) on the following described
property, to wit:
48.2221 acres, being all of
Tract 1 and a portion of Tract
2, of the B.M. Jamison Tract,
situated in Section 1 of 'the
A.C.H.&B. Survey, A-147,
and the T.D. Yocum Survey,
A-399, Brazoria, Co., TX -
(John Lizer at Pearland
Parkway)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1051
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 7- 3/ 20C.
No. Date 20 -
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
-
& Z.J rotary Rb;ic, Sets of Tc-xz-
'
Notary
Expires S 02(;
President
day of !Ji-r—
aura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1051 - 11
P dJuty24&July31,!
2802 -
NOTICE OF A JOINT ;
PUBLIC HEARING OF THE
CRY COUNCIL AND THE; ;
PLANNING AND ZONING ;
' COMMISSION OF THE r
CRY OF PEARLAND, ;
TEXAS
c.
Notice is berebygiveln that;
on the 12th day of August, +
2002, at 5:30 p.m., the City
Coundl and Planning and tI
Zoning Commission of the.
City of Pearland, Brazoaia, ,
Hards and Fort Bend'
Counties, Texas, will coat
dud a joint public treating in
the Coundl Chambers of�
City Hall, 3519 ubedy Drive, .
Rowland, Texas, on the I
request of Ken Coffey, agent
for Amvest Properties, Inc.,
owner, for an amendment to
the Land -.Lips - and Urban ;
Development Ordinance of
said City from Classification'
Suburban Development
District (SD) to Single
Fan* Dwelling District (R-
2)on the following described
property, to wit:
482221 acres, being all of
Tract 1 and a portion ofTraCt
2, of the B.M: Jamison Tract,
situated in Section 1 of the
A.G.H.&B. Survey, A-147;
and the T.D. Yocum Survey,
A•399, Brazoria, Co., TX
(John Uzer at Pearled('
Parkway). ,
At said heating all interested'
parties shall have the tight'
and opportunity to appear.
and be heaMon lie subject.,
Isl Mona Ann Phipps •
Development Coordinator
APPLICATION NO.1051
September 10, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1051
Request of Ken Caffey, agent for Amvest Properties, Inc., owners for an amendment to the
Land Use and Urban Development Ordinance from classification Suburban Development
Business District (SDB) to Single Family Dwelling District (R-1) on the following described
property, to wit:
48.2221 acres, being all of Tract 1 and a portion of Tract 2, of the B.M. Jamison Tract, situated
in Section 1 of the A.C.H. & B. Survey, A-147, and the T.D. Yocum Survey, A-399, Brazoria
Co., TX (John Lizer at Pearland Parkway)
Honorable Mayor and Council Members:
At a regular meeting held on September 9, 2002, immediately following a Joint Public Hearing,
the Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ray Bacon made a motion to forward Zoning Application No. 1051 to City Council
for approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 4 to 1.
Voting Record:
"Aye" — Vice -Chairman Selemon, Commissioner's Bacon, Greiner, and Sandars.
"No" — Chairman Iocco.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Amvest Properties, Inc., 7676 Woodway, Suite 238, Houston, TX 77063.
Ken Caffey, Amvest Properties, 7676 Woodway, Suite 238, Houston, TX 77063.
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