Ord. 509-240 10-26-98ORDINANCE NO. 509-240
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 TRACT OF LAND CONTAINING 68.958 ACRES, MORE
OR LESS, LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY, SECTION
2, ABSTRACT 507, BRAZORIA COUNTY, TEXAS, BEING OUT OF AND A PART
OF A CALLED 104.401 ACRE TRACT TO CHARLES F. ALEXANDER, OF
RECORD IN VOLUME 86268, PAGE 586 OF THE OFFICIAL RECORDS OF
BRAZORIA COUNTY, TEXAS, AND ALSO BEING A PART OF LOTS 3 THRU 8,
AND 13 OF THE L.W. MURDOCK SUBDIVISION, OF RECORD IN VOLUME 29,
PAGE 174 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 364) (CORNER OF JOHN LIZER AND PEARLAND
PARKWAY) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-
1, R-2) AND COMMERCIAL DISTRICT (C) TO SINGLE FAMILY DWELLING
DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY, AGENT, AMVEST
PROPERTIES, INC., 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, Amvest Properties, Inc., owner, filed on July 22, 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 us e as
provided for in said Section 28, said property being legally described in the ori!]inal
application for amendment attached hereto, and made a part hereof for all purpose,,.,, as
Exhibit "A"; and
WHEREAS, on the 14th day of September, 1998, a joint public hearing was held
before the Planning and Zoning Commission and the City Council of the City of Pearl ~nd,
Texas, notice being given by publication in the official newspaper of the City, the aftida' fit of
publication being attached thereto and made a part hereof for all purposes, as Exhibil "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 22nd day of September, 1998, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Co ~ncil
regarding the proposed amendment application by Ken Caffey, agent, Amvest Properties,
Inc., owner, whereby the Commission recommended and approved a change of classific~ ttion
for the property described in Exhibit "A" from its existing classification of Single Family
Dwelling District (R-l, R-2) and 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 o' the
Planning and Zoning Commission, at a regular meeting on September 28, 1998, and
WHEREAS, the City Council having fully heard the testimony and argument c~f all
interested parties, and having been fully advised in the premises, finds that in the case c f the
application of Ken Caffey, agent, Amvest Properties, Inc., owner, facts were presented wl rich,
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 Single Family Dwelling District (R-l, R-2) and
Commercial District (C) to Single Family Dwelling District (R~3); such property being r~ore
particularly described as:
Being a tract of land containing 68.958 acres, more or less, located in the
A.C.H. & B.R.R. Company Survey, Section 2, Abstract 507, Brazoria County,
Texa.s, being out of and a part of a called 104.401 acre tract to Charles F.
Alexander, of record in Volume 86268, Page 586 of the Official Records of
Brazoria County, Texas, and also being a part of lots 3 thru 8, and 13 of the
L.W. Murdock Subdivision, of record in Volume 29, Page 174 of the Deed
Records of Brazoria County, Texas, (Corner of John Lizer and Pearland
Parkway)
II.
The City Council of the City of Pearland finds and determines that the recitatio~ ~s in
the preamble hereof are true and that all necessary prerequisites of law have t~een
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 mandate ;s 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 pr ~per
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinan~.'e is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, ,'~uch
portion shall be deemed a separate, distinct, and independent provision and such hol :ling
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 3ity.
3
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.
ORDINANCE NO. 509-240
PASSED, APPROVED, and ADOPTED on First Reading this
C') CJrO~o'C ~ ,1998.
U/FI~'
I~SE~ARY ~
of
'ATTEST:
I'1TM S
I~'~k' day of
T~~DREiD~,ky) ~r
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~(~----.day
~n...-F~,_..v-' ,1998.
~ .
TOM REID
MAYOR
APPROVED AS TO FORM:
~CQKER
CITY ATTORNEY
7-21 - 1998 2 = r, 1 I:~ FROM AMVEST 713 784 8137 H. z
............. . ........ . ..~ ......""~'~..~" "'~,,.,t~.'~",,'~.'~:~ '7,';"~.~
...... ....-.~..__~,=--.~.:~.-, ,,) : :~ .......
..;. :' .'
. ". . ,
" :' ,~.SZ:~ -.,~==~'~ ..... ~ ........ "-r ..... ' ........ '-- =~': "'~ .................' .....
'~ Change in Zoning C:]assificadon from:
.... C:hang~ in R~Sulatiolxs in Sectkin ~: ........
S~ecific Use ~br: *
L(x .. P,4 .....................
Property address:
$ohn Lizer RO.a¢ & L~'~.rl,~r.<d. P==kw~.~
Lot, Block:
Mere & Bounds Description:
(m-tptatmd pm~p,,'.'rtY only:_att,.3ch
Subdivis!on: Mary,.f.'.z..,e..[d,.'
Rxhj...bit "A" ...........
'l'E~x l.i). number: #o5o7-ooo6-ooo .......... ,; ....
Proposed use of land wiGfin requ._e. stad d~.Si~nation: $..i.D..c!le fami!.y r.esid.q..n_tj, al
Record owner's name: Arevest pyoperti.~_s_! Inc,
Owner's tetcplmne number:
(7.13) 784_-6~.02 ................. ...... .-..-
! Agent's name: Ken Caffey ..... .- ' ............ ' ...... '
:,'.g~m'5 ~aaiH,'~g add~7.c.'.,s_'~..2676 Wc~o4w.~y, .q,,;~l;a 2B8, Z~.cm.q~-r,,,, .-!.~,:e,,v,.,.~ 774~.4...
Agcnt's telephone number: (71'3) 784-6.102 .............. "-"""":-:."
pETITION;. As owner/agent, I hereby petition the City for approval of the above descried request as
ermit rc4Uest to allow a residential use in a busin~s~ zone (OP, NS, GB), I acknowledge that s~ch use
~[o,,.id~x~ b~ ~e laws of ~e S~ate of T~xa~ ~,,~'10rdinan::c~ af ~e City of pearland. *On a Specific. Use
may bc ~nc~mpa~ible ~,,,~tl'~ current and ~u~m ~tse~ on Fro~:~rlle.$ in my vieink?. .
ZONE GB
JOHN
ZONE SDB
ZONE SDB
ZONE R-1
958 ACRES
ZONE M-2
ZONE C
ZONE R-2
ZONE C
SDB
R-1
R-2
R-4-
C
M-2
GB
SUBURBAN DISTRICT BUSINESS
LOW DENSI'rY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
COMMERCIAL DISTRICT
HEAVY INDUSTRIAL DISTRICT
GENERAL BUSINESS DISTRICT
City of Pearlend, Texee
P~Of~EnnE~, INQ,
FROM
R-2 TO R-4
AFFIDAVIT OF PUBLICATION
StaLe of Texas
Brazoria and Harris Counties
The Pearland Reporter News
2404 South Park
PcarlarKl, Texas 77581
I, Joan Cureruing:_;, hereby cerLily lhc~[ the notice hereby al~t~ended was t~ublished
in Brazori~ and Hi~rris Courttic:; in the I:{EI~OI:tTEI~ NEWS, a newspaper ol general
circulation in Brazoria and Harri:; Counties, lot [ issue:;, as lollow:~:
No.
No.
No.
Date
Date
Date
Subscx'ibc ;~lncl sworn to before me this
19
19
19
........... Z .............day ol
!: t~F THECITYiOF'": :~ ~' !:'
· rf~t~ce is hereby given that on
~e 14th day ot ~ptember,
1998, i~6~ p:m4 ~eCi~
:: Council and the PlanninO and
Zonin9 Commission of the
GI~ ot Pea~ahd;~B~o~a and,
: Ha~s CoU~ie~:~e~: will'
conduct a Joint Public
Hear:n~ :n the Council
Chamber. C,ty Hall. 35~ 9
iiUberty Drive, Pearland,' ·
..... ~: ,,ontherequest:of!Ke~
~. ~.~:~,'~"~-~ "~.~:..: .
B.R.R. Company Suwey south line of a sailed a.933 47 minu~es 18 seconds,West, Road a distance of 299.70, id W,D.C. Hall. Su~ey and
~etmct 507, acre tract to the ~lvin a distance of 250.~ feet to feet to a 5/8 inch iron md: an east line of aforegirl
the noaheast right of-way linefoundat 'the noaheast ~m~r" . 1:Q4.401 acre tract a distance
t,~s, being : Communi~ Collie of aforeaid State Highway ' of th~.~.n:~sqdbed trac(. of 327.38 feet to the south-
:' ~ Foundation (1 i4 interest), of 35 · n.the wes~ right-of-way. line.:ofeast comer of said 104.401
: record in volume 1665, Page=''''"~ Pea~a~ Parkway (14~ ~Oot' .acre tract and al~ being the
' 179 of ihe Deed'R~o~ of '
' Patr ~ ~l~Hde~ Wood (1/4 ................... Peadand .Independent School
e~da~Y~
(1/4 interest), all of reco~ in ....
'.". Volume6~;'PSge ~32ofthe he ~ ~ o i 'ed't~',~: .? ,:~ i~ ~ col448.49
~x>rd rn Vb ;i~oq rod
114~ Deed RecOfcls.of-Brazoria
8rlzoM '~Coun~, T~as';.
acr~ ..
deacrlbed as 'THENCE, N(~'.d.h 86 degrees
East, ':.
Si6tem South Central'.2
I~ lgB3):
iI~INNING at the southwest :
CO '~:bf the heroin described ....: .,. ....:~,' ,:. · '
~i'~ '~'iF{'Ul:~(~outh line of afore- "' ""
T~:.~l'i'acre tract, from
which tfi:~ "~?st corner of alon~)
Said 104.~,C ~ ~.j,:ra.Ct..in th~ said 3.933 acre' ~ distance
northeast'~. '~E!merr~!~ra,~'~~ tance of 347.58 feet~t~ ,'the er~d of
:~itite Hitltt~~ ~:,northeast comer ot ~
· H~htq acre tract;
degreee4q ':~; "'
ond~ Well" ' ' THENCE, Sout~~" '
'i' "' ' '
· ~I 2ei,41 .h 34 minutes 09
THENCE, South 86 degrees
38 minutes O0 seconds West,
along the south line of afore-
said 104.401 acre trect and
the north line of a~oresaid
Pearrand independent School
1997
interested
';' ~:parties shall have the dght
and opportunity to ,a,R., c.q~
be heard on.the ' i~N'
..
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State o1' Texas
Brazoria and Harris Counties
1, Joan Cumrnir~gs, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS: a newspaper el general
circulation in Brazoria and Harris Counties, lot _../ ................ issues, as follows:
No. _ ............. Date .......................................................19
No. _ ..........................Dal. e 19
No. _ .................Date 19
No. Date 19
Subscribe and sworn to before me this
OF b r~ hwa ~ C~me~o' f
,dW,~-pe,dand~:Br~o,a an,:-; .on.'We.~: ~.~;~% way line of aforesaid State ·
~Ha~sC~untieS;:TexaS; w!fi, 0f 285.~!:feq~ ,% :~,;>~:::~-:~ Highway 35 a'distance o ."
Independent School Distal,
central angle' of 25 degrees
54 ni~utes 51 sec0rids, hav-
ing.a. radius of 2070.00 feet,
~f~ am .length of 936.24 feet
~nd ii i0ng chord bearing'
South 14 degrees 44 minutes
30 sacglide East, a ais~an~e
Of 9.28.28 feet to the end of
' said curve iri the southeast
line of a~ores~id 104.4q!
:here. dascrbed .ct; '. '
""'='' ' ......""""t ""/"'{'i
;~..' , . , .. ,! , :....
'%HENCE', North 57 degiea. S:':. ..
h47 minutes 18 second~':~St;. I~ ~ i~'!~
'a distanc~of 250,00 fe'.et. t0. I~' '
""comer of the heroin idasCribed ."'
the northwest c~m~"~! the;':
''! eating in the Council .
.i hambars,' City Hall, 3519...
'.ibe~:D~Ve,:P..e~H~;" .; ';'.".
alia.. ~. ..
.j, .. ~"
Single F;mitY'b~i~d:' :' ::'
District (R4) On the following
ND
MBES' ~D ~U, ~,: :':: 5-: ,.
DESCRIPTION,'
~ ~.958 ACRESL~ATEP:-
THE A.C;H~ & BRR GO:SJ~:
= TE~S ': ' - ;>: ....-
: , : :. ::,:
. ing ~.9~ 'acres .m[e or ,~ .,.:
le~ I~t~ in th~:c~H;:-&~:2
S~t~n 2; ~stmGt ~7,-, :,.
:Bmzoda ~un~, ~e~s, being:
out of an~ a pa~
1~.401 acmtmdtoChades
Volume8628, P~ge~°fE
Bmzeda Co~W~ Texas, and
al~ be ng a :~ of,;lm'3 thin'-
8; and 13 offfieL;W.: ":'~:' ~::
'MuZak Su~ivis~n, of'
r~o~ in'Volume 29, Page: ::
1174 of the De~ R~o~s of:
~acms being: mare pamCuia~
in~s: mferenc~ tot he Texas
's~te piane c.~inMe ,: ,: ?-
System ~;Centm~Zene~:
' ,of ea55a,
;~,;,. , . .~..; ....
. along the east line of th~
' herein described tract a dis-
tance of 329.57 feet :to the.
south line of a called 3,933
acre tract to the AIvin
heroin desG~ibed t~t in the
south right;bf';W~idine:efJ°hn
Lizer Road (70 .lo~t
T' way at this point);
Community College
. Foundation (114 interest),.of .- ......:
:::record in volume 1665, Page 'iH.,:E~I. Ce;
' 179 of the Deed Record of ~te~:~l~,;,
:Bffi:~6'ril: 'Codnty, Texas to..~.
~patdcia..Alexander Wo~ ~1~ """ '~~~
· :.btemst),' Ellabeth Aleande~
(114 interest), and Sue.. ' ."
Aisx~der M0~d~n, Tinmeg
(1/4 internstY, all of (e~ in
, volume' ~ peg~-~ 3~ Of'the ·
: Dec R~o~s of. Bmzoaa . : :'
CounW, Texas
· ~ . ~ ,
· ~ 34 minutes 09 s~nd .~
:~tance'~;t~~ of the herain deadbed
n°~heast:~me : ' in the west fighter-waY hne
acre tm~; Peadand Pa~waY (140
THENCE. Sojt~ 86 degrees,,ht; of.way};
: ~ .....::~;h~.; ,~%:~%~.':~
along the nodh line of afore- :'47 ,minut~~[
said 3 933 acre tract a dis- rang
'tance of 304.30 feet to an...;
.angle point of the hereiq .:.~;~j~,:-~.--::.,,~:q;~.
described tra~; . :: ~" ~' ,'~~'
':,
27 minutes ~ se~nds bst,
along ~e wast line of afore-
said W~D.C. Hall Suwey and
an east line of afore~id :--
I~,4QJ icre tm~ a dimrice
.'a.~7;~"feet to the soure,
e~st'~er of ~id 1~,40.~ ' '. ;"'
.' acre tm~t aod al~ ~ing~he
38 minute~ ~seconds 'W~st, -.
along the soutn line of afore- "'. ~;~
sai~ '104.401 acre tract and
the nodbrine ~f. aft- {T-~>
::::
bi~lN~G a~ ~Ht~g
. job No. 63-9703 :..~.:~:~2:.~{.
December, 1997 ~' .
t pa~ies shall have the fight
, and op~unity to appealand
-,~ hea~ ~ the subi~.
,i:¢;'~:".. ., ...
22 September 1998
Mayor & City Councilmembers:
City Hall
Pearland, TX 77581
RE: Zoning Applications No. 364 (R-l, R-2, C to R-4)
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, September 14, 1998. The owners requested an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling
District (R-l, R-2) and Commercial District (C) to Single Family Dwelling District (R-4) on the
following properties, to wit:
Application No. 364
Owner:
Amvest Properties, Inc.
7676 Woodway, Suite 283
Houston, TX 77063
Legal Description: Comer of John Lizer and Pearland Parkway
The motion was made by Commissioner Scott and seconded by Commissioner Beltz to approve each
of the applications listed above.
The motion to approve passed unanimously (5-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
Planning & Zoning Commission
City of Pearland