Ord. 509-259 12-14-98ORDINANCE NO. 509-259
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 A 27.3301 ACRE TRACT OF LAND BEING LOT 48, LOT 58
AND PART OF LOT 49, OF THE ALLISON-RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 85, OF THE HT & B RR CO. SURVEY,
ABSTRACT 304, BRAZORIA CO., TX AND BEING 79.5241 ACRES OUT OF THE
JOHN W. MAXCY SURVEY, ABSTRACT 721, AND BEING PART OF AND OUT
OF A 208.1008 ACRE TRACT AS DESCRIBED BY DEED RECORDED IN VOL.
1107, PG. 859 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 430) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE
REQUEST OF KEN CAFFEY, AGENT, SUNLAKE LIMITED, 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, Ken Caffey, agent, Sunlake Limited, owner, filed on July 31, 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 9th 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, TeE as,
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/. of
Ordinance No. 509; and
WHEREAS, on the 9th day of November, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding lhe
proposed amendment application by Ken Caffey, agent, Sunlake Limited, owner, where;by
the Commission recommended and approved a change of classification for the prop~;rty
described in Exhibit "A" from its existing classification of Suburban Development (SD; 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 November 23, 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 Ihe
application of Ken Caffey, agent, Sunlake Limited, owner, facts were presented which, in the
judgment of the City Council, would justify the approval of said application, it is therefo~'e,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the (;ity
of Pearland, Texas, and presently classified as Suburban Development (SD) to Single Farlily
Dwelling District (R-3); such property being more particularly described as:
Being a 27.3301 acre tract of land being Lot 48, Lot 58 and part of Lot 49, of
the Allison-Richey Gulf Coast Home Company subdivision of Section 85, of the
HT & B RR Co. survey, Abstract 304, Brazoria Co., TX
Being 79.5241 acres out of the John W. Maxcy Survey, Abstract 721, and being part
of and out of a 208.1008 acre tract as described by deed recorded in Vol. 1107, ~g.
859 of 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 b~;en
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 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, stlch
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 Ihe
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.
ORDINANCE NO. 509-259
PASSED, APPROVED, and ADOPTED on First Reading this c2-~"~'~ day of
/F']OV~ ,1998. ~~./
MAYOR
ATTEST:
SE ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1998. ~__.__.~5(/),~~.~
TOM REID
MAYOR
1' ETE~ATTEST:~ 7
J~+k, tay
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
7-25-19~8 12:0gPM FROM A~VEST 713 784 0137 P. 2
X Ch.,,n3c i,, Zorfirtg ChtsMficadon frO;ru SD m: ~
......... Cb.x;~.~ in Rcgulatiox;s i, Section if: __.-
____ Specific Use for:
Property ~(]dr~ss: North of .FM 518
Lot. B l ~}c k: Su bd i",'i s i ~> n:
Mores & Bounds Description:
Tax I,D.
Proposed use of land witllin requested designerlop,; single f~'unily residential
Record owncr's name: su~'~ld~ Liml..'Ced
Owncr's mailing address: 7676 WoodwaV, Suite 238, Houston. T~,~.-,as 7706R..
Agent's name: Ken Caffev
't
Agent'$ mailing address: 7676 Woodway, Suite 23R. 1~ou,%ten, t,"+xa~,--7-.7-Q43 ...... i,..
I
A~em's [elephone xmmbcx': (713)
...... '.' ............ , ,Jj'.T~jh .......... ' ................ ' ................... . .... 1"
PF. TITION& AS Owncr/agezn, I hereby peEldon the Cjly for approval of a:~ alive d~st:ri~d request as
provided by 'd~e laws of the: Smtc of Texas and Ordinances of ~e City of Pearland. %)n a Spccitic Use
20 25 ~ 48
,j 42
~.X",,..ALBUR'S ~OL,l~rl' u
&l Z
81 G5 51 7¢: 70
35 ~ 48 55
"r'
4-7
C
W. STF_...BUNG DRIVE
_,/
RROADWAY
SD SUBURBAN DISTRICT
R-4 MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
CIty of Peerlend. Trams
8UNLAKE UMITED
FROM
81:) TO R-4
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTEF:{ NEWS', a newspaper o[ general
circulation in Brazoria and Harris Counties, for /. issues, as follows:
No. Date
...................................................................'19
No. Date 19
No. Date 19
No. _ ........ Date
Subscribe and sworn to before me this ...... ~ .........
Editor
day
-- N~LA~URA A. EMMONS ~,'
Notar, ~-s~2 ~
Laura Ann Emmons, Publisher
:' !NjN~G!~ND~OI~ING!COj~:-';~:''.Sect: 8~, of the H.T. '&. S. RR
MISSION:~'THB:'ClTY OF Co. $un/ay, Abst.m~ 304,
! PEARLANDi TEXAS ';: ' !:: Brazoda County, Texas..
· ,:, Notice iS herebygiven:that:on,Being79,5241 ,~dres'outof
· : the 26th :day O.f .Octobei~ i: ':
1998;at6:30 p.m.;.the City
Council and the Planning and
,:Zoning,Commissionofthe:
CitYof~Peadand,BmZor~a
':: Ha#is Co.untie.S~TeXas;. :will;
-=:con, ductaJoint:publio~
~ Hearing in:theCouncil:
the John W. Maxcy Sun;,ey,
Abstract 721, and being part
of and out of 20.~...10D8 acre
tract as described by deed
recorded in Voi. ~1107, pg.
8.59 of the Deed Records of
Brazoda County, Texas. Said
78,4457 acres beingmore
Chambers, City Hall, 3519 , particularly described as fol-
'.:;. Liberty Drive, Pearland, lows:
:;TeXas 'on thereque,~t,,~f. Ke~~ -:?"
~ Caffey, agent:fo~Su~kei;; :,':~- At said hearing.:all;!~i~t~:,i
Limitedi ~ne~;~f~!~en~d+ ':'parties shall
Urban Developmebt, .... ,. 'be hea~ on the subje~,
O~inance of sad City f~m
Classification SubU~an ' .Young Loding
on the fOlIO ' ' "' . .~:. :~; " -~- .
F ·
AFFIDAVIT OF PUBLICATION
TIle Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cumn~ir~gs, hereby certify that tile notice hereby appended was published
in Brazoria and Narris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for ... _Z .................issues, as follows:
.o. /a.t~/b-//-/ ~9 ... 1' ~
No. Date
No. Date
N0. Date
No. Date
19
19
19
19
.- Editor
Subscribe and sworr~ to before me this
Notary Public, State of Texas
Laura Ann Emrnons, Publisher
i ¢GIJNClL AND lii lq./ilk
liNG AND ZONIN6'-COM;
MISSION OF THE CI'[.Y OF
PEAR TEXA~ .... z"""
Notice is hereby given that on'
the 26th day of October,
~t998;at6:30 p m, the Cty
~ Council and the Planning and
ZOning Commission of the.
City ofPe. arlan. d, Bmzoria'and
· Harris Counti~t'.~jl'exae, will
conduct a J0.ir~t~:~'..', ;.
.Hearing in the Co~IH~!~:!~.f~.,:
' Chambers, City Hall, 3519 ..'.
· ..~ ............
_.
~ mentt0:th~i,~n..d Use. atqd
Urban pev;.el~p. rnent. .
"Ordinance of~ ' id.City:from
·Family. DwelliO~j DIstricts(R;3)
on the f0 Iowin{i;described..
property, tO.wit{.. ' ' '
':.
part of Lot:49;~}f the Allison-
Richey Gulf O~ast Heine
Company, SuNny Division of
Sect. 85;'of'thiiH.T. & B. RR
Co, Survey, Al~istract 304,
' Brazoria Coun'{4j, Texas.
!: Being 79.5.2~li~cres!ioijt:of
the John W. Maxcy Survey,
Abstract 72:1., a'.nd being part
of and out Of~2(~,1008 acre'
~ tmctas.,dSm}ri..;~..by'deed .
= ieco~ed ih=Y01~,~ 107, pg.= .
. i" ,' 'Sf 0iiths"b~ RecOrds of"'
;~fa.z. oda Cbunty; Texas..
.! ~8.4~7 ~cr~s=being·
7' particularly de~ril}..ed
lows: ..;'7.~s~.~ '~'."!'~'..'
'.':~ .... ,...:...,. , · ..,:.~.; :.
~ .and op~tu~tity'to appear and
9 November 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zoning Application No. 430
The above referenced zone change application was reviewed by the Planning and
Zoning Commission at a regular meeting on Monday, November 9, 1998. The owner
requested an amendment to the Land Use and Urban Development Ordinance of said
City from Classification Suburban Development (SD) to Single Family Dwelling District
(R-3) on the following described property, to wit:
Legal Description:
Of a 27.3301 acre tract of land being Lot 48, Lot 58 and a
part of Lot. 49, of the Allision-Richey Gulf Coast Home
Company Survey Division of Sect. 85, of the H.T. & B. RR
Co. Survey, Abstract 304, Brazoria County, Texas.
Owner:
Being 79.5241 acres out of the John W. Maxcy Survey,
Abstract 721, and being part of and out of a 208.1008 acre
tract as described by deed recorded in Vol. 1107, pg. 859
of the Deed Records of Brazoria County, Texas.
Sunlake Limited
7676 Woodway, Suite 238
Houston, Texas 77063
Agent:
Ken Caffey
7676 Woodway, Suite 238
Pearland, Texas 77588
The motion was made by Commissioner Emil Beltz and seconded by Commissioner
Jack Mathis to approve the zone change application request listed above.
The motion to approve passed unanimously (4-0).
Please read this information into the official records of the City of Pearland and
provide a written copy to the City Secretary for the sa~ne purpose.
Sincerely,
Tommy Scott, Vice-Chairperson
Planning & Zoning Commission
City of Pearland