Ord. 509-209 07-27-98ORDINANCE NO. 509-209
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 20.5591 ACRE TRACT IN THE H.T. & B. R.R. CO.
SURVEY, A-241, OUT OF A 160 ACRE TRACT CONVEYED TO JOHN MASSEY
PER AN INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS, (APPLICATION NO.262) (OFF
FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF
GALLENTINE ASSOCIATES/R. WEST DEVELOPMENT, 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, Gallentine Associates/R. West Development, owner, filed on January 19,
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 29th day of June, 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 29th day of June, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Gallentine Associates/R. West Development, owner, whereby the
Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Suburban Development District (SD)
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 13, 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 Gallentine Associates/R. West Development, 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 Suburban Development District (SD) is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-4); such
property being more particularly described as:
A 20.5591 acre tract in the H.T. & B. R.R. Co. Survey, a-241, out of a160 acre tract
conveyed to John Massey per an instrument recorded in Volume 708, page 109, Deed
Records of Brazoria County, Texas (Off Fite Road)
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.
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. 509-209
PASSED, APPROVED, and ADOPTED on First Reading this
July ,1998.
TOM REID
MAYOR
13th day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day
of July ,1998.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M.
INTERIM CITY ATTORNEY
x
crrY OF i*EARLANI)
Z()Ni~ CIIANGE AP!'IACATION
revised 3/5/96
Change in Zoning Classification from:
EXHIBIT
Change in Regulations in Section #:
Specific Use for: *
SD to: R-4
Property address:
Lot:
off Fite Road, Pearland, TX
West Oaks Village Section
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: Gallentine Associates
Owner's mailing address:: 2510 Westminister, Pearland, TX 77581
Owner's telephone number:: (281)997-1500
Agent's name: R. West Development Co.t 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.
Agent's signature:
,....D...a..t..e...P..a.!..d..i .... / / ./q/....~ ..~. ................
j Application number'
CITY.,OF REARLAND ID :?1~-485-876~
PISD
PAGE 05
I~U .VV,,~ L =~,
SD
R-1
R-4
Mr
SUi~URBAN DISTRICT
LOW Dr_,NSITY SINGLE FAMILY DWELLING DISTRICT
MAXIMUM DIZ. NSITT SINGLE FAMILY DWE-LI..INC
DISTRICT ;
MULTI - FAMILY DWELLING DISTt:~ICT
'1
1
AFFIDAVIT OF PUBLICATION
EXHIBIT
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 tile REPORTER NEWS, a newspaper of general
circulation in 13razoria and Harris Counties, for / issues, as follows:
No. Date 19 __
No. DaLe
19
No. Date 19 __
No. Date 19 __
Subscribe and sworn to before me this
/ day of d~J--~
AFFIDAVIT OF PUBLICATION
EXHIBIT J
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 REPORTER ~iEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for t issues, as follows:
No. Date 19
No. __ ' Date 19
No. Date 19
No. Date 19
Editor
Subscribe and sworn to before me this
19 4~
./
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July 2, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 262
Request of Gallentine Associates/R.West Development, owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Suburban
Development (SD) to Single Family Dwelling District (R-4) on the following described
property, to wit:
Being 20.5591 ac. Tract in the HT & B RR Co. Survey, A-241, out of the residue of a
160 ac. Tract eonveyes in John Massey per instrument recorded in Vol. 708, pg. 109,
Deed Records of Brazoria Co., TX (offFite Rd.)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint
Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Beltz and seconded by Commissioner Mathis to approve
Application No. 262.
Motion to approve passed 4 to 0.
· his is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission