Ord. 509-198 05-11-98ORDINANCE NO. 509-198
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 25.3514 ACRE TRACT LOCATED IN THE H.T. & B.R.R.
SURVEY, A-241, BRAZORIA COUNTY, TEXAS AND ALSO CALLED 34.98 ACRE
TRACT IN AN INSTRUMENT RECORDED IN VOLUME 72, PAGE 94, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (SOUTH OF FtTE ROAD, WEST
OF HARKEY ROAD) (APPLICATION NO. 263) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-3) AT THE REQUEST OF R. WEST DEVELOPMENT CO., INC.,
AGENT FOR PEARLAND WEST OAKS 3 & 4 LTD., 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, R. West Development Co., Inc., agent for Pearland West Oaks 3 & 4 Ltd.,
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 Pearland West Oaks
3 & 4 Ltd., 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-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 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 Pearland West Oaks 3 & 4 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 Suburban Development District (SD) is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-3); such
property being more particularly described as:
Being a 25.3514 acre tract located in the H.T. & B.R.R. Survey, A-241, Brazoria
County, Texas and also called 34.98 acre tract in an instrument recorded in
Volume 72, page, 94, Deed Records of Brazoria County, Texas (south of Fite
Road, west of Harkey 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.
e
ORDINANCE NO. 509-198
PASSED, APPROVED, and ADOPTED on First Reading this
Apri 1 ,1998.
27th day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th day
of Nay ,1998.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
March 24, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 263
Request of R. West Development Co., Inc., agent for Pearland West Oaks 3 & 4 Ltd., owner,
for an amendment to the Land Use and Urban Development Ordinance of said City from
Classification Suburban Development District (SD) to Single Family Dwelling District (R-3)
on the following described property, to wit:
Being a 25.3514 acre tract located in the HT & B RR survey, A-241, Brazoria Co., TX and
also a called 34.98 acre tract in an instrument recorded in Vol. 72, pg. 94, Deed Records of
Brazoria Co., TX (south of Fite Road, west of Harkey Rd.).
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 Nghiem Doan, and seconded by Commissioner Jack Mathis to
approve Application No. 263.
Motion to approve passed 5 to 0.
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. ci.pearland.tx.us
CITY ()F PEAI{!,ANI)
.Z()NE CIIAN(;E APPI,I(;ATI()N
revised3/5/96
× Change in Zoning Classification from: $D to: R-3
Change in Regulations in Section #:
Specific Use for: *
Property address: south of Fite Road, west of Harkey Road, Pearland, TX
Lot: Block:
Metes & Bounds Description: SFF ATTACH FD
(unplatted property only; attach survey)
Subdivision:West Oaks Section 4, (future)
Tax I.D. number:
Proposed use of land within requested designation: single family residential
Record owner's name: Pearland West Oaks 3 & 4t Ltd.
0wner's mailing address: 2510 Westministert 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:
[.I.~eccivcd by:
Agent's signature:
.......... ../.../..i. / q
Application.numl~cr: t~ ~9 .~
RTE ROAD
Z]NE SD
ZONE R-5
ZONE R-3
ZONE SD
ZONE R.-4
ZONE R-3
/
ZONE SD
ZONE SD
SD
R-5
R-4
SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED
DISTRICT
MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
DWELLING
C!tyofPIIdlnd, Te~
Prr. ARLA/ID~n~m'OKKI=&4, LTD.
ZONE CHANGE
FROM
lID TO
Skll'D-I 954S008 or
AFFIDAVIT OF PUBLICATION
TIle 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. / D.,:~--f'f: ',9 ft
N o. Date 19
No. Date 19
No. Date 19
N o. Date 19
Editor
Subscribe and sworn to before rne this
19 %?~
/0 day of
Laura Ann Emmons, Publisher
uceruwik oF., .=ern
'.::~NING AND ZONING =(~OM~' ;= :.
Notice is hereby given lhet on ..
~ the ~3rd day of March, lgl~"
~e.'st Development Co,,
~ ~ent for PeadanU West Oelr~ .
.:amendment to the Land U~
~pnd Urban Development '
iDrdinance of ta. icl C ty'fro~".'
13eing a 25,3514 acre tract. "' ~
..- 'ted 'in the HT & B RR~Sur-
ey, A~241, Brazorla ~0:, TX
~nd'~lso 'e called 34.98 acre"
'/tact in an instrument record- ~':~
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:
,o. /~t~,,?- / / ~9 .I' ~'
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
Editor
day of ~~
,,,.;.;~,,:, ....
Laura Ann Emmons, Publisher
..~.,OTI(~E 'OF A'JQINT
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~a~ent for'Rea~and West
~ .&4 .~td, 'Owner, for an
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