Ord. 509-201 05-11-98 FailedORDINANCE NO. 509-201
FAILED
5-11-98
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 20.5591 ACRE TRACT LOCATED IN THE H.T. & B.R.R.
SURVEY, A-241, BRAZORIA COUNTY, TEXAS OUT OF THE RESIDUE OF A
160 ACRE TRACT CONVEYED TO JOHN MASSEY PER AN INSTRUMENT
RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (OFF FITE ROAD) (APPLICATION NO. 262) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF R. WEST
DEVELOPMENT CO., INC., AGENT FOR GALLENTINE ASSOCIATES, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, ASEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, R. West Development Co., Inc., agent for Gallentine Associates, owner,
filed on the 19th of January, 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 23rd day of March, 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 24th day of March, 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 Co., Inc., agent for Gallentine Associates,
1
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 the 13th of April, 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 Co., Inc., agent for Gallentine Associates, 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:
Being 20.5591 acre tract located in the H.T. & B.R.R. Survey, A-241, Brazoria
County, Texas out of the residue of a 160 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
2
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, 50g-201
PASSED, APPROVED, and ADOPTED on First Reading this
Apri 1 , 1998.
27th day of
T'O~I'REID
MAYOR
ATTEST:
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 A'I'I'ORNEY
CrI'Y OF' P'~A RLAN D
ZONE CI I A NG E A PPI,ICATION
revised 3/5/96
x Change in Zoning Classification from: SD to:
Change in Regulations in Section #:
Specific Use for: *
Property address:
Lot:
off Fite Road~ Pearland~ TX
West Oaks Village Section 4~
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.~ 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, 6B), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature:
._F_e.e_.s.paid: $....~
Agent's signature:
... '/...... .E.'. ._
!;App. lj.~'.a.tion number:
ZONE MF ZONE R-1
ZONE SO
ZONE R-1F ZONE R-1
17
ZONE R-1
,2O.5591 /
/
/ /
/
ZONE SD
Z3+,IE SO
ZONE R-4
ZONE SD
SD
R-1
R-4
MF
I
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MULTI - FAMILY DWELLING DISTRICT
LONE CHANGE
FROM
liDTO R-4
ofa~ ~.D. 5111H M-II105 Okr 1
1
March 24, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 262.
Request of R. West Development Co., Inc., agent for Gallentine Associates, 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 acre tract located in the HT & B RR survey, A-241, Bmzoim County, TX, out
of the residue of a 160 acre tract conveyed to John Massey per an instrument recorded in Vol.
708, pg. 109, Deed Records of Bmzoria Co., TX (off Fite Road).
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 23, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Jack Mathis, and seconded by Commissioner Mary Starr to
approve Application 262.
Motion to approve passed 5 to O.
This is submitted for your consideration.
Pat Lopez, C~n
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 · www. d.pearland.tx.us
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 REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date ~,f' l / 19 ~ ~Y
No. Date 19
No. Date 19
No. Date 19
N o. Date 19
Subscribe and sworn to before me this
Editor
Laura Ann Emmons, Publisher
~:, ~e~4,A~ . .1 '
!,': By g van
'i '°'."fly of March,
t!.ro., the Oily
· ~lanning any Z,~
. ... n-Ofthe Oit~d ..
· ' razoria ind i
" , eras, will cOledill
~ i~Hearlng rHM
"lharol~e'm, City~
DriP, e, Pearland,
ra's, on the request of R.
~e~st Developroent Co., Inc.,
~er)t:.fO. fGallentige.
Ai;sociaies, 6Wn~,. for an
a '~lendroent to tlie Land Use
a"~l..Uffian Oeveloproent
~inanca.'of said City frooro
_~assificetiOn Suburban .
~velopment. (SD) to Single
..~.?ly Dwelling .District
c~ the following described'
p~perly, to wit:
B~ng a 20.5591 acra~Ct :.
IOtated in the HT &'!j~ .Fi~ir~ '.
v~y, A-24~, Brozori~'~ .
~, out of the residU~ d~";l'6o
acre tract conveyed to 'Jol~ :. ":~
Massey per an inst~&)l~:!;: '.':
r. co,ued in VoW. ~'Oe.;.~'.
Deed Records of Bra~oda"T'.;~'~ '.
Co., TX (off Fits R~:," ":,:
Atsaidheadngall:i~' :"'
. tries shall have th~ .rl'
,.. .....
. =. ,;~, .
AFFIDAVIT OF pUBLiCATiON
The pearland Reporter News
2404 South park
pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
appended was published
. - ' the REPORTER NEWS a newspaper ot general
l, Joan cummings, hereby certHY that the notice hereby
in Brazoria and Harrts Counties in ' lot ' issues as {oltows:
circulation in Brazoria and Harris Countms, ~ '
Date Dg'--~L 19 ~
Date
Date
No. 19 """'-
Date
No. 19 ""-
Date
No.
Subscribe and sworn to betore me this __Z(2~ day ot
Laura Ann Emmons, publisher
~ Notice .is hereby give, th.a~t on.
'.~ the 23rd day of March, 1998,
:;~ at 6:30 p.m., the City Council
~ and the Planning and ZOni.q9.
eIqpment Co,,' kit,.
.~-Gailenti~e ' · ':
~mltiment to the. LandUse
~M.tlfln eveopment
I
o said City from
i!. ~iion SUburban
i' nt (SD) to Single
~lling District (R-4)
:}n the following described
~located in the HT & B RR sur-
'?ey, A-241: Brazoria Count:
:~TX, out of the residue of a 160
~ tcre tract conveyed to John"
: ~ assay per an instrument: '
:~ ~rd~l in Vo1.'708, pg. 109
t~l~ecQ~ls of Brazoria
,,.: ........:!...
ie, h.~'~,on the subject. '
.. :,~.',:..z:,~. -'~:~:'!.~ .:.! :it ',. :..~