Ord. 509-184 03-23-98ORDINANCE NO. 509-184
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 12.24 ACRE TRACT IN THE THOMAS J. GREEN
SURVEY, A-198, BRAZORIA CO. TX, BEING PART OF A 9.883 ACRE TRACT
RECORDED UNDER C.C.F. 97-025082 ALSO BEING PART OF A 9.883 ACRE
TRACT RECORDED UNDER C.C.F. 96-045024 AND PART OF A 4.5925 ACRE
TRACT RECORDED UNDER C.C.F. 97-00021, OF THE DEED RECORDS OF
BRAZORIA CO. TX. (APPLICATION NO. 257) FROM CLASSIFICATION OF
GENERAL BUSINESS DISTRICT (GB) TO MULTI FAMILY DWELLING DISTRICT
(MF) AT THE REQUEST OF ROBERT LEWIS, AGENT, FOR ML PARTNERSHIP,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DAT~= AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Robert Lewis, agent, for ML Partnership owner, filed on January 5, 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 26th day of January, 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 January, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Robert Lewis, agent, for ML Partnership owner,
whereby the Commission recommended and approved a change of classification for the
property described in Exhibit "A" from its existing classification of General Business Distdct
(GB) to Multi Family District (MF); 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 February 9, 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 Robert Lewis, agent, for ML Partnership 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 General Business District (GB) is hereby for
all purposes changed and reclassified as Multi Family Dwelling District (MF).
Being a 12.24 acre Tract in the Thomas J. Green survey, A-198, Brazoria Co.
TX, being part of a 9.883 acre tract recorded under C.C.F. 97-025082 also
being part of a 9.883 acre Tract recorded under C.C.F. 96-045024 and part of
a 4.5925 acre Tract recorded under C.C.F. 97-00021, of the deed records of
Brazoria Co. TX.
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 reclassi~cation
of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 50g-184
PASSED, APPROVED, and ADOPTED on First Reading this
February ,1998.
9th day of
TOM REID
MAYOR
A'I'rEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this _Z.tr.d_day
February , 1998.
TOM REID
MAYOR
ATTEST:
Y~FTARy~t~'
APPROVED STO FORM:
AMY
CITY ATTORNEY
Change in Zoning Classification from: /---~' to: ,//'7 ~'
Change in Regulations in Section #:
Specific Use for: *
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephone number:
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 cur. r~ent and future uses on properties in my vicinity.
Fees paid: $ 672, ~. C) C') Date paid: 1/5'/q I
'-" "' I ................................=
~ ~ .:· .}',
Recc,vcd I,y .,(..:. ~;Q/,.[.{,.~/'l,.¢ ~..~'....~-- 'Apf'l'cation nmnber: :
ZI3NE R-I
MN~'S CREF. K
ZONE 506
SDB
R-1
R-2
MF
OP
CB
SUBURBAN DISTRICT BUSINESS
LOW DENSITY SINGLE FAMILY DWELLING DISTIRIC'!
MEDIUM DENSITY SINGLE FAMII Y DWELLING
l)l_qj-l/'~lOT
MUI_I'I -- FAMILY DWELLING D!SIRIC]'
Ot'1 IC:t' AN[') I~!,~O['IrSSIONAI
GLNLRAI I3USINIZSS DIS'I'f~,IC !
ML PARTNERSHIP
ZONE CHANGE
FROM
GB TO MF
of ~ f
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 19
No. Date 19
No. Date 19
.o. Date 19
Subscribe and sworn to before me this
19 ~;~
Editor
Laura Ann Emmons, Publisher
'.City of .Peedeld, Bmzm'e
Ham C~t~, .Te~, wm
~odd.~. I T ~ip~ eubllc
Heafi~ ..,in the ~ ~u~ll
Ube~: Od~, .:Peade~.
mat to
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:
~~;2~ Editor rl, p
Subscribe and sworn to before me this 2 '7 day of f'ch/',
s
Laura Ann Emmons, Publisher
NINGI~I' ;3NiN~ :COM-':
~ ~. T~ will ~
cNduct "a: J nt :Public:
~ldng' 'in · Council
~e~ ~ :; Pea~nd,
Tm~ ~S ~:~ ~:Mr.:
02~82, ~ing ~ ~
9:~3 ac. tact reco~ed
~ C;C. ~4 ~
pad of a 4. 25 :ac. Tract
.C.F. 97-
~1, of ~ r~
Bm~ ~.
At ~ ~a' all
~nbs sha a~ t~ ~
a~ ~ 'to'a~-~
-l~You~
Young Lorfing
City Secretan/
(281) 485-2411 x341
Telecopier (281) 485-1106
PEAlSAND
February 26, 1998
Robert Lewis, Agent, for ML Partnership
2905 Country Club Dr.
Pearland, Texas 77581
Dear Mr. Lewis:
On February 23, 1998, the City Council voted to approve Application No. 257 requesting
the change of classification of certain real property from the classification of General
Business District (GB) to Multi-Family Dwelling District (MF).
Enclosed is a copy of Ordinance 509-184 for your records.
~Secretary
Enclosure
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485~2411 · www. ci.pearland.tx.us
AFFIDAVIT OF PUBLI
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 generai':.
circulation in Brazoria and Harris CountrieS, for / issues, as follows:
No.
No,
No.
/ Date
Date
Date
Date
Date
19
19
19
Subscribe and sworntto before me this
,~'<~Edito~rn''~
4
2_.-- day of ~
NING AND
PEAR
the
day: of January,
: 6:30 p,m,, the City
and
the
~ Counties,
eeiluct a 'Joir
Heiring in ~cll
Cilmbef 351.9
F~earlandb
request of Mr,.
agent, for ML
~rship, for an amend,
tothe Land Use :and
~ DeV~opmaM~
,llowing
ac. Tract-
;F. 9.7~
025082, art of
9,883
and
a 4.5926. a.~.;...T.r~i
nder: .C.:0.F..,97-
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 19
No. Date 19
No. Date 19
No. Date 19
Editor
Subscribe and sworn to before me this
19 ~
day of
Laura Ann Emmons, Publisher
, NOTICE-OF A
uC
· NiN~=,AN~'~dN:iN~
: Notice .~reby Oi:ven: t.;t on
the 2 "' da:V of January,
i998;., ""'~ City
Coun6il anu ......~d
Zon rig- Commission' ne
CiW of Peadand.
Haffis CouP'' ~a$,, will
cond,~' _.diht Publie
;H.' ?~6: the 'COuncil
-'r .d~rs City'
(MF) on the fi ing:
described prope~
in the
Thomas
!98,' ~Co. TX bein~
p~rt: 883' ac. Tract'
;
9.883 ac. rded
under C.C.F.
part of a.4.5925 ac.
reddi'ded un'de~' c.C.I'-
00022
Brazoria CO.,TX
At said interested
parties right
and
Is/Young Loding