Ord. 509-264 12-14-99ORDINANCE NO. 509-264
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 BEING APPROXIMATELY 60 ACRES OUT OF SECT. 12, H.T. & B.
R.R. CO. SURVEY, A-508, ACCORDING TO THE DEED RECORDS OF
BRAZORIA CO., TX (APPLICATION NO. 503) FROM CLASSIFICATION
COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DWELLING DISTRICT (R-3)
AT THE REQUEST OF DWAIN EVANS, AGENT, CHAILLE KELLY, 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, Dwain Evans, agent, Chaille Kelly, owner, filed on August 10, 1998, an
application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use ~Lnd
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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 16th day of November, 1998, a joint public hearing was held bef3re
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.zt, of
Ordinance No. 509; and
WHEREAS, on the 23rd day of November, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Dwain Evans, agent, Chaille Kelly, owner, 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) to Single
Family Dwelling District (R-3); 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 December 14, 1998, 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 Dwain Evans, agent, Chaille Kelly, owner, facts were 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 Commercial District (C) to Single Family
Dwelling District (R-3); such property being more particularly described as:
Approximately 60 acres out of Sect. 12, H.T. & B. R.R. Co. Survey, A-508,
according to the deed records of Brazoria Co., TX
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 1his
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-264
PASSED, APPROVED, and ADOPTED on First Reading this/Z/7~day of
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1998.
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
____ Change in Regulations in Section
Specific Use for: *
Property address: 60 acres at southeast corset of Magnolia and P,.earlsnd Sites
(Vetsrans]
Lot: Block:
Metes & Bounds Description:
(trapS erred property only; attach survey)
60 ac~es,
Subdivision:
See. 12, BT &B, Survey. A-SOB,
Rr~n~tg Cry.
Tax I. D,. number.: ...
Proposed use of land within requested dcsignation: Single family sub-.div!s:Lom We are re-applyim~
IuL S~luu Y-R--'3 $INuL~. FA~,,.~ u,8'$'KI(;'I'- lois our unce~st~'~ding that ~-3 "will be located
to provide a buffer
tO respond to Planning and Zoning concerns for buffer, we propose an 8' easement tu b~ plBAted
w{uh Oi6auaere (anntuft 5u-qh ~¢XLU'} and ~o marshal. Go. nora1 Business with a 200'depth aloe|
the length of Magnolia 88 shown on the presentation board,
Rccord owner's rmme:~Ylma W. ThompSon. Elllott Cage, Catherine Cage Burns
Owncr's mailing address: % Chaille ..Kelly, 2121 Sage Road, Suite 300, MousEon~ Texas 770~6
Owncr's tclcphon¢ number:
Agent's name: Dwain Evans
Agent's mailing address:
~615 SOUthve.~ Freeway #1025, Houston, T.xaa 77027
Agent's telephone number: (713].. 993-0733 .... -',
PETITION: As owner/agent, I hereby petition the City for approval of fits above described request as
provided by the haws of the State ot Texas and Ordinanucs of the City of pearland, *On a Specific Use
business zone (OP, NS, GB), I arnowledge t 'h use
Perrot| reqtte.,;t to allow a fesidcntial use in a ~
nuiy ix.' inctmHmtible wilii current and future uses on properties Hi my vicinity
........... " ' .... Agent ,s s:gnature.~~6~,.A
R .ok x. d Iw' ~~/)~ .. ~ t. . ........... _... :%. ':..~.,..-,- .....:,....--v-..... :--'
ZONE R-2 (PUD)
ZONE R-2 (PUO)
Illllll
FOX RUN DR,
ZO ~IE R-2 :PL O)
::;'IO"i'E3R'DCI~:
ZONE M-1
MAGNOLIA STREET
ZONE C
k
TEAL GLEN DR.
IIIIII
ZONE M-2
ZONE R-2
ZONE C
ZONE M-2
R-2
R-3
MH
C
PUD
M-1
M-2
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
MOBILE HOME PARK DISTRICT
COMMERCIAL DISTRICT
PLANNED UNIT DEVELOPMENT DISTRICT
LIGHT INDUSTRIAL DISTRICT
HEAVY INDUSTRIAL DISTRICT
OWNERS: Ptt. MAW. THOMPSON, ELLIOTT CAGE,
CATHERINE CAGE BURNS
City of Peafiend, Texas
ZONE CHANGE
FROM
CTOR-3
Ib-:503SueIra SHEET
SEPT,, 1998 HORZ:I"--,400' 1
IFJ.E.B, GAD FLEs
lys D. SMITH 98-8344A OF I
.23 November 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Application No. 503
The above referenced zone change application was reviewed by the Planning and
Zoning Commission at a regular meeting held on Monday, November 23, 1998. The
owner requested an amendment to the Land Use and Urban Development Ordinance of
said City from Classification Commercial District (C) to Single Family Dwelling District
(R-3) on the following described property, to wit:
Legal Description: Approximately 60 acres out of Sect. 12, H.T. & B. R. R. Co.
Survey, A-508, according to the deed records of Brazoria
Co., TX (S.E. corner of Magnolia and Veterans Drive)
Owner:
Chaille Kelly
2121 Sage Road, Suite 300
Houston, Texas 77056
Agent:
Dwain Evans
4615 Southwest Frwy, Suite 1025
Houston, Texas 77027
In the absence of a second to a motion made by Commissioner Jack Mathis to deny the
zone change application request listed above, no recommendation is made by the
Planning and Zoning Commission.
Please read this information into the official records of the City of Pearland and provide
a written copy to the City Secretary for the same purpose.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission
City of Pearland