Ord. 509-174 12-08-97ORDINANCE NO. 509-174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 22.16 ACRES OUT OF A SUBDIVISION OF THE WEST 1/2
OF THE NORTHEAST 1/4 OF SECTION 15, H,T.& B.R.R. SURVEY, Ao241,
RECORDED IN VOLUME 297, PAGE 98, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 235) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO MULTI-FAMILY-PLANNED UNIT DEVELOPMENT (MFo
PUD) AT THE REQUEST OF CHARLIE VATI'EROTT, AGENT, FOR FRANK
BARRINGER, TRUSTEE, 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, Charlie Vatterott, Agent, for Frank Barringer, Trustee, owner, filed on
September 15, 1997, 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 11 th day of November, 1997, 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 10th day of November, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Charlie Vatterott, Agent, for Frank Barringer, Trustee,
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
(SD) to Multi-Family-Planned Unit Development (MFoPUD); 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 November 24, 1997, 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 Charlie Vatterott, Agent, for Frank Barringer, Trustee, owner, facts were
presented which, in the judgment of the City Council, wo~jId 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 (SD) is hereby for all
purposes changed and reclassified as Multi-Family-Planned Unit Development (MF-PUD);
such property being more particularly described as:
22.16 acres out of a subdivision of the West '/2 of the northeast 7, of Section
15, H.T. & B. R.R. survey, A-241, recorded in Volume 297, Pg. 98 Brazoria
County, 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
2
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.
3
PASSED, APPROVED, and ADOPTED on First Beading this
November ,1997.
A'!'rEST:
TOM REID
MAYOR
241~h day of
of December
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
, 1997. ~,
TOM REID
MAYOR
ATTEST:
YI~SE TARY
81:h
__day
APPROVED AS TO FORM:
CITY ATTORNEY
I
- - to:
..... Change in Zoning Classification from:
Cha. ngc m Regulations in Section l:
.. Specific Use for: *
Property address:
Lot: Block:
Melts & Bounds Dcscrilxion:
(tinplatted property only; attach survey)
A porl:ion of
mp-P.~.b
EXHIBIT
Subdivision:
Tax ].D.n.,uml,)e,r:02til_0025....000, 02t~1--008-110, 0241-0026-.-000, 024,1-0020.-000
Multi-Fam.lly PUD
Proposed use of land within requested designntion:
Record owncr's name:
Frank. D.
B~rrtnger, Trustee
Owner's mailing address: P.o. Box 867 South Houston. Texas
Owncr's telephone nGmbcr: 713.944.2111
Agcnl's name:
Charlie Vatterott
77587
Agent's mailing address: 2702 ~/. Oaks Circle East
Pearland, Texas 77584
Agent's telephone number: 281 997.9671
PF. TITION: As owner/agent, i hereby pelt(ion the City for approval of the above d~ribed re, quest as
provided by Ihc laws of the State of 'rexas and Orditmnccs of d~e City of Pcarland. son a Specific Use
I>crn',| ~cques[ R) allow a ~csidcmial use in a b'usincss zow,: (OP, NS, GB), I acknowledge that such use
_"!~y. ~. ,,~.:, .~~i,! ?_.~rCm :,,,d, !ut.~e .sc.s o. pro~nics in -"-~Z "_ic.i"ity' _ ....-'_
I).,e paid: --- ~- ,/~. ~' -Z
I<,:....~,,,., ~,~., ~:..:,~../..~j,,~ .....; ""' .'--::-.:~:::~;-.---'.::;=-"':~-~- .....: .- .
.~ , ,, , ,;~ .,.. ......-.: ...........
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ZONE
45A- 1 ~ CITY LIMIT LINE
46C [ I 46
~ ZONE SD
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ZONE
MF
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PUD
_':W 3Et,,'S~7'T SiN'3~E FAM!LY DWELL:NG
MC:'~L;~,, DE','S~Tr -::'~CLE FAMILY DE'~LChED Dw~LL,t~C-
C, iCrRi:'.~
MA-f!M:.,M DE'~;':': :,~GLE FAMILY DWELU;~S
DiSTRIC'
MULTI - F-'M,. :..",F~L[NC rJ!'STRtCT
ZONE SD
l
ZONE SD
EQOADWA'f
ZONE C
2E
WEST OAKS CIRCLE NORTH
ZONE R-3
City of Peadan~ Texas
FRANK D, BARFUNGER. TRUSTEE
ZONE CHtdqGE
FROM
SO TO MF (PUD)
-778
MANVEL RO.
~S'/T-.),.. ~,' RIthy Lee C~x
PIPER ST. J J14~"0'9 " .., Z ~ ?
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~ ~ ~ urr8 e ~ ~ "Bill Holle
~ ~ ~ ~ 767/~ ~ ' 171~4nnP ~ '
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HARKEY RD ~ ~ ~ ~ ' ~~
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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 / b' ?..% 19 ~ ?
No, Date 19
No, Date 19
No. Date 19_
No. Date 19
Subscribe and sworn to before me this
19 '~
day of
Laura Ann Emmons, Publisher
22.16 acres ou~ of a subcliw-
sion ot the west 1/2 of the
~rlheasl 1/4 ol section 15,
aecorcled in VOIL~ 2~7
ezas.
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~/~J '27' '~e
~o. c>.-,t~ .~.
~o. c>~t~ .~.
~o. c>~,t~
No. Date 19 _
~'~Ec~ito~r4-n
Subscribe and sworn to before me this ~b day of ~
Notary Public, State of Texas
Laura Ann Emmons, Publisher
L AND 'rite PLAN- etopmenl (UF-PUD} on
AND ZONm(3 COil- Uow~ d--c~xd ~
m,N~e~0~hel~rvo give ma~ c~ of the west J/2 of me
y of November, ~o~eul 1/4 of siclion
19'7, at 6:30 p.m., the Ctly
ComalandlhePlatrmgand
Zo-'ng Comm~lo~ o! ~
· ~ :i.'. ~l'nt' Public
Clln~bemT'~/Hall, 3519'
L| ,erty Drive,' Pesrlan~,:
;i.T. & B.R.R. survey. A-241,
· reu~Se~lnVo~ne2~7 p~.
than have !tte right
November 11, 1997
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 235.
Request of owners for an amendment to the Land Use and Urban Development Ordinance of
said City from Classification Suburban Development (SD) to Multi-Family-Planned Unit
Development (MF-PUD) on the following described property, to-wit:
22.16 acres out of a subdivision of the West ~ of the northeast ~ of Section 15, H.T. & B.
R.R. survey, A-241, recorded in Volume 297, Pg. 98 Bmzoria County, TX.
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on November 10, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Tommy Scott, and seconded by Commissioner Emil Beltz to
approve Application No. 235.
Motion to approve passed 7 to O.
This is submitted for your consideration.
Pat Lopez, ~aiait~an
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us