Ord. 509-263 12-14-98 PASSED NO ACTION TAKEN 12/14/98
APPLICATION BY OWNER
PER DENNIS SMITH
ORDINANCE NO, 509-263
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 24.81 ACRES, MORE OR LESS, OUT OF 37.948 ACRES,
H.T. & B. R.R. CO. SURVEY, TRACT 16B & 19B, A~240, ACCORDING TO THE
PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 492) FROM
CLASSIFICATION OF SINGLE FAMILY DWELLING DISTRICT (R-4) TO MULTI
FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF CHARLIE EASON,
AGENT, JOHN R. MASSEY, 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, Charlie Eason, agent, John R. Massey, owner, filed on August 24, 1998,
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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 23rd 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
publicati;3n 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.z. 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 Charlie Eason, agent, John R. Massey, owner, when;by
the Commission recommended and approved a change of classification for the properly
described in Exhibit "A" from its existing classification of Single Family Dwelling District (F:-4)
to Multi Family Dwelling District (MF); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, lhe
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 Charlie Eason, agent, John R. Massey, owner, facts were presented which,
in the judgment of the City Council, would justify the approval of said application, i': 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 Single Family Dwelling District (R-4) is hereby
for all purposes changed and reclassified as Multi Family Dwelling District (MF).
Being 24.81 acres, more or less, out of 37.948 acres, H.T. & B. R.R. Co.
Survey, tract 16B & 19B, A-240, according to the plat records of Brazoria Co.,
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 pro 3er
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, st|oh
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 ~nd
final reading.
ORDINANCE NO. 509-263
PASSED, APPROVED, and ADOPTED on First Reading this
,1998.
day of
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1998.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
..... C'hange in Regulations in Section #:
.... Specific Use for: * .............. ....
Property address: ~'~4,o,~11;60/~D p.,~ ..M,,,4r~yl;. C,cggFc ~ q_....}.l ..~.C~;f .....
i~-: 161~ .,L/,c~8 Bts~: ~ q O Subdivision:
Metes & Bounds Description: ,,% '.L,PI ~c, Lg.; rn,,,'iF ~,~ za'ss oo,t- c~ ~' 2 qq,e~ct..aT
(unplatted prolx~rty only; attach sur~.ey)
Tax I.D. numbe~.L _d)~9- ~'~t.~.."
Proposed use of l~md within requested designation:
Record owner's name:
Owner's mailing address: ~,to. e,. ~, /12 '-/;~,4,~b,a-~d .,-~.. 775~fov"'.
Owner's telephone number:
., ---.
Agent's telephone number: JLFI" L/Ce~L6°®O
PI~TITION: As owner/agent, I hereby petition the City for approval of the a~ve descried request as
provided by the laws of the State of Texas and Ordi~nces of the City of Pearland. *On a S~ci~c Use
Permit request to allow a residential use in a business zone (OP. NS, GB), I acknowledge titat such use
may ~ incompatible with current and future uses on proI~rties in my vicinity. ..._ ..., ........
23 November 1998
Mayor and City Councilmembers
City Hall
pearland, Texas 77581
RE: Zoning Application No. 492
The above referenced zone change application was reviewed by the planning and
Zoning Commission at a regular meeting on MondaY, November 23, 1998. The owner
requested an amendment to the Land Use and Urban Development Ordinance of said
City from Classification Single Family Dwelling District (R-4) to Multi-FamilY Dwelling
District (MF) on the following described property, to wit:
Legal Description: Being 24.81 acres, more of less, out of 37.948 acres, H.T. &
B. R.R. Co. Survey, tract 16B & 19B, A-240, according to
the plat records of Brazoria Co., TX (Corner of Fite Road &
Hatfield Road)
Owner:
John R. Massey
P.O. Box 112
Pearland, Texas 77588
Agent: Hardcastle Real Estate
Charlie Eason
P.O. Box 846
Pearland, Texas 77588
The motion was made by Commissioner Emil Beltz and seconded by Commissioner
Jack Mathis to deny the zone change application request listed above.
The motion to deny passed 3-0 with one (1) abstention.
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
30
29
35
38
39
27
26
28 25
ZONE SO
41
ZONe: R-1
5
'4-6
12
13
18 19
20
17
SD
R-1
R-2
R-zl-
MF
GB
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MULTI -.FAMILY DWELLING DISTRICT
GENERAL BUSINESS DISTRICT
FROM
R-4 TO MF