Ord. 509-225 08-10-98 FailedORDINANCE NO. 509-~25
FAILED
8-10-98
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 11.309 ACRE TRACT IN LOT 12 OF THE H.
MASTERSON SUBDIVISION, SECTION 6, H.T. & B. R.R. CO. SURVEY, A-237
AND ALL OF LOT 2, BLOCK 1 OF THE MALONE SUBDIVISION, VOLUME 18,
PAGE 103, BRAZORIA CO. DEED RECORDS, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 311) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-2) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT
THE REQUEST OF JACK McGUFF, AGENT FOR FRAN COPPINGER, 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, Jack McGuff, Agent for Fran Coppinger, owner, filed on May 12, 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 27th day of July, 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 Fran Coppinger, owner, whereby the Commission recommended
and approved a change of classification for the property described in Exhibit "A" from its
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existing classification of Single Family Dwelling District (R-2) 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 July 27, 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 Jack McGuff, agent, for Fran Coppinger, owner, facts were presented which,
in the judgment of the City Council, would justify the approval of said application, it is
therefore,
QRDAINED 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-2) is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-4); such
property being more particularly described as:
Being a 11.309 acre tract in lot 12 of the H. Masterson subdivision, section 6, H.T.
& B. R.R. Co. Survey, A-237 and all of lot 2, block 1 of the Malone Subdivision,
Volume 18, page 103, Brazoria Co. Deed records, 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.
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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.
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ORDINANCE NO. 509-225
PASSED, APPROVED, and ADOPTED on First Reading this
day of
,1998.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ,1998.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
E~G/38/1998 15:24 2814121231 PISD PAGE
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i~rovhbd by tim Iwwt csl rig $1ale of Texas lnd Olxllnanues of tim City of
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August 6, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE. CITY COUNCIL ON APPLICATION NO. 311
Request of Jack McGuff', agent for Fran Coppinger, owner, for an amendment to the
Land Use and Urban Development Ordinall?e of said City from Classification Single
Family Dwelling District (R-2) to Sir~le Family Dwelling Distria (R-4) on the ~llowing
described property, to wit:
Being a 1 t,,,309 ae. tract in Lot l~fthe H. Masterson subdivision, sec. 6, HT & B RR
Co. survey, A-237 and all of Lot 2~ Blk. 1 of the Malone subdivision, Vol. 18, pg. 103,
Brazoria Co. Deed Records, Brazo~ Co., TX
Honorable Mayor and C&incil Members:
The Planning and Zoning Commission, at a regular ateeXing held on July 27, 1998, after the Joint
Public Hearing, considered the above-mentioned recoh~rnendation to the City Council.
A motion was made by Commissioner Pat Lopez and seconded by Vice Chairman Tommy Scott
to approve Application No. 311.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission