Ord. 509-184A 03-23-98ORDINANCE NO. 509-184A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509-184, 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. 280) FROM CLASSIFICATION OF MULTI-FAMILY
DWELLING DISTRICT (MF) TO MULTI-FAMILY DWELLING DISTRICT-
PLANNED UNIT DEVELOPMENT (MF-PUD) 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 DATE;
AND DECLARING AN EMERGENCY BECAUSE EXPEDIENT ACTION IS
NECESSARY TO ENSURE THE PROPERTY'S HIGHEST AND BEST USE
FOR ITS INTENDED PURPOSE; AND OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, Robert Lewis, agent, for ML Partnership owner, filed on January 19,
1998, an application for amendment to Ordinance No. 509-184 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 23rd 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 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 Multi-Family Dwelling District (MF) to Multi-Family Dwelling District-Planned Unit
Development (MF-PUD); 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
March 23, 1998, and
WI-IEREAS, 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; now, therefore,
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BE IT 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 Multi-Family Dwelling District (MF)
to Multi-Family Dwelling District-Planned Unit Development (IVIF-PUD).
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 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. The Council further
finds and determines that expedient action is necessary to ensure the property's
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highest and best use for its intended purpose; and that this Ordinance shall be adopted
as an emergency measure, and that the rule requiring this Ordinance to be read on two
(2) separate occasions be, and the same is hereby waived.
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 the first
and only reading.
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PASSED, APPROVED, and ADOPTED on First and Only Reading this 23rd day
of Harch , 1998.
TOM REID
MAYOR
ATTEST:
S
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
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EXHIBIT
__ Change in Regulations in Section #:
__ Specific Use for: *
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
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 mailing address:
Agent's telephone number: _~,4-,rt ~'
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
properties in my vicinity.
may be incompatible with current and future uses on ~/~=.,,~
Owner's signature: ~ ~ Agent's signature:
Fees paid: $ ~ Date paid:
Rccct~cd I>~ ~ Apl~licalion miraher: ~..~)
ZONE
ZONE GB
N
ZC~iE GB
ZONE R-I
ZONE 138
MNW'$ CRE~K
ZONE SDB
SDB
R-1
R-2
MF
OP
GB
SUBURBAN DISTRICT BUSINESS
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MULTI - FAMILY DWELLING DISTRICT
OFFICE AND PROFESSIONAL DISTRICT
GENERAL BUSINESS DISTRICT
ML PAI~IP
ZONE CHANGE
FROM
GBTO MF
M,~ N..,257Se,~ SHEET
INtsdAN.. 1998 HORZ:I'--4OO'1
~ epD. SMITH 96-lK)02 OF I
March 23, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 280.
Request of Bob Lewis, agent for ML Partnership, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City from Classification Multi-Family District (MF)
to Multi-Family District - Planned Unit Development (MF-PUD) on the following described
property-to-wi t:
A 12.2400 tract of land situated in the Thomas J. Green Survey, Abstract 198, Bmzoria
County, Texas. Being a part of a 9.883 acre tract recorded under C.C.F. No. 97-025082,
official recording, also being a part of a 9.883 acre tract recorded under C.C.F. No. 96-045024,
official records and a part of a 4.5925 acre tract, recorded under C. C. F. No. 97-00022 1,
official records of Brazofia County, Texas.
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 Mary Starr, and seconded by Commissioner Jack Mathis to
approve Application 280.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Pat Lc'~z,=~~nanY
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us