Ord. 509-226 08-10-98 FailedFAILED
8-10-98
ORDINANCE NO. 509-226
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 BEING 51.412 ACRES AND ALL OF LOTS 22 & 44 AND A
PORTION OF LOTS 42, 45, 46, 47 & 48 OUT OF THE GEORGE W. JENKINS
SUBDIVISON RECORDED IN VOLUME 2, PAGE 20, A-111, ACCORDING TO
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
295) FROM SINGLE FAMILY DWELLING DISTRICT (R-3) TO SINGLE FAMILY
DWELLING DISTRICT (R-4),AT THE REQUSET OF R. WEST DEVELOPMENT,
AGENT FOR HOUSTON PINE HOLLOW ASSOCIATES, LTD., OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABI LITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, R. West Development, agent for Houston Pine Hollow Associates, Ltd.
owner, filed on March 25, 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 July 27, 1998, 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 27th day of July, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by R. West Development, agent for Houston Pine Hollow Associates,
Ltd., owner, whereby the Commission recommended and approved a change of
classification for the property described in Exhibit "A" from its existing classification of Single
Family Dwelling District (R-3) to Single Family Dwelling District (R-4); 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 August 10, 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 R. West Development, agent for Houston Pine Hollow Associates, Ltd. ,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 Single Family Dwelling District (R-3) to Single
Family Dwelling District (R-4); such property being more particularly described as:
Being 51.412 acres and all of lots 22 & 44 and a portion of lots 42, 45, 46, 47
& 48 out of the George W. Jenkins Subdivison recorded in Volume 2, Page
20, a-111, according to the plat records of Brazoria County, Texas
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.
2
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.
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. 509-226
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
INTERIM CITY ATTORNEY
,.., OF !~FARI.AND
ZON F t.".tIAN(~ E A Piq .ICATION
re'~ ised 3/5/96
~ !' X (Thange in Zo,fi,.g Chtssitica, iort fio,,'m ,b7~..'3 "',/-' ~- t,.'~ R-4
Change in Regulations in Section #:
Specific Use for: *
Property address: off Dixie Farm Rd. & FM 518, Pearland, TX
Pine Hollow Section 2
Lot: Block: Subdivision: (future)
Metes & Bounds Description: SEE ATTACHED
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: single family residential
Record owner's name: Houston Pine Hollow Associates, Ltd.
Owner's mailing address: 2510 Westminister, Pearland, TX 77581
Owner's telephone number: (281 )997-1500
Agent's name: R. West Development Co., Inc.
Agent's mailing address: 2510 Westminister, Pearland, TX 77581
Agent' s telephone number: ( 281 )997 - 1500
PETITION: As owner/agent, I hereby petition the City for approval of the 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 zone (OP, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature: Agent's signature:
.:,:::'-: ......... ::::
ZOnE MF
ZONEC
ZO~EMF
HAZELDALE SUBD.- ~
ZONE C
VILLAGE GREEN-~
N
ZONE
ZONE
SUBD.-
R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
R-4 MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MF MULTI - FAMILY DWELLING DISTRICT
GB GENERAL BUSINESS DISTRICT
C COMMERCIAL DISTRICT
I '%' of Peetmtd. Tee
'::'i;:':~',L;::e:.::i= .OU.OW .~::-:.:41',,.:
BeNt JUNE, 1998
~e eFJ.E.B. cm re.u
July 27, 1998
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 295 & 294
Request of P,. West Development, agent, for Houston Pine Hollow Associates, Ltd.,
owner, for an amendment to the Land Use and Urban Development ordinance of said City
from Classification Single Family Dwelling District (R-3) & Commercial District (C)
to Single Family Dwelling District (P,-4) on the following described property, to wit:
eing 51.412 ac. and all of lots 22 & 44 and a portion of lots 42, 45,46,47 & 48 out
of the George W. Jenkins subdivision recorded in Vol. 2, pg. 20, A-I 11, according to
/TCplatrecords of Brazoria Co. TX; and,
Being 45.6928 ae. being all of lots 39 & 40, a portion of lots 41,42,45,46,47 & 48
out of the George W. Jenkins subdivision recorded in Voi. 2, pg. 20 of the Brazoda
Co. Deed records
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on July 27, 1998, after the Joint
Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion w~ Commissioner Beltz and seconded by Commissioner Scott to approve
Application 294.
Motion to approve passed by a vote of 5-0.
This is submitted for your consideration.
Sincerely,
Planning and Zoning Commission