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Ord. 509-153 06-23-97 FailedORDINANCE NO. 509-153 FAILED 6-23-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 5O9, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON 32.72 ACRES OUT OF THE WEST 1/2 OF THE NORTHEAST 1/4, SECTION 15, OF THE H.T. & B.R.R. SURVEY, A-241, AS RECORDED IN VOLUME 297, PAGE 98, BRAZORIA COUNTY, TEXAS. (APPLICATION NO. 215) FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF CHARLIE VA'FFEROTF, AGENT, FOR FRANK D. 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 D. Barringer Trustee, owner, filed on May 13, 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 23rd day of June, 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 23rd day of June, 1997, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by , 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 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 June 23, 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 D. Barringer Trustee, 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 Multi Family Dwelling District (MF). 32.72 Acres out of the west 1/2 of the northeast 1/4, Section 15, of the H.T. & B.R.R. Survey, A-241, as recorded in Volume 297, Page 98, Brazoria County, Texas. 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. 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. 509-153 PASSED, APPROVED, and ADOPTED on First Reading this ,1997. day of TOM REID MAYOR A'FI'EST: YOUNG LORFING CITY SECRETARY of PASSED, APPROVED, and ADOPTED on Second and Final Reading this ,1997. day ATTEST: TOM REID MAYOR YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: AMY MOTES MCCULLOUGH CITY ATTORNEY Change in Zoning Classification from: SD to: t, tS Change in Regulations in Section//: Specific Use for: * Property address: Lot: Block: Metes & Bounds Description: (unplatted property only; attach survey]) 0241-0025-000 Tax l.D. number: Includes: 0241-0008-110, Subdivision: 0241-0026-000, 0241-0020-000 Proposed use of !and within requested designation: Apartments Record owner's name: Frank D. Barrinqer, Trustee Owner's mailing address: P.O. Box 867 South Houston, Texas 77587 Owner's telephone number: 713. 944.2111 Agent's name: Charlie Vatterott ! Agent's mailing address:' 2702 w. Oaks Circle East Pearlan~, Texas 77584 Agent's telephone number: 281. 997. 3535 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. 'l:ccs pal(l: $ -0- Date paid: N/A nbc+ ' Apl>lication nu, : _.. ~,~;~,~ ...........~ :. :~ ~,,,,,~; ~.o~ ~. ~.~ ~ ~ :~ ~ ~'~,~,.,.'..,,.....~' "" It,,,~,,~:~'.C~I ~ -~_~~-' Z .... ~L.G.D,m,tt 5B 411/378 I? R.E. ~ Oul~sky ~ :~ .....',~ o E5~::ZR4 ......... ~ ~ 411/378 ~ ,I , ' I J.F. AnThony ~7 J.D. SmiTh ~9 r' ~ I 2.3 ~ . 850 63~ ~ ~1 ~ ~ Franc~s E'.P'. Crow Jr . ~ 4%~ q ~ ~e - m ~ ~ ~ ~ 2C 281 2A ~ . ~ ~ ~ ' ~pradley ~ ~ ~ ' ~ 67-537 54 92 ' ~ ' ~ ~ ~ ~ ~ ~ ' 1465941 12.12 LOCATION ',~ Hr~Cek aU ~ ~ ~ ~ A- 241 Laura Massey 708/108 772/74 154.0 John R. Massey 708 109 160.0 (",w&iITII 55 'F'~ 5 6 LOCATION THIS QUADRANI 51 ER Hubbell 45A-1 ZONE C -~ CITY LIMIT LINE 4-6C T ZONE SD 46C- 11 3 ! 2A Z 0 i20NE SD 1 i 10 ~ IOA t' m 11 11A - i 14A i .. 2D ZONE R-1 45A o .........................j 46 /-Cwpaa% 2C-1 l ZONE SD 2G 15A 15 ZONE SD CITY }LIMIT dINE FITE ROAD ZONE R-4 SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING DISTRICT R-4 , MAXIMUM DENSITY SINGLE FAMILY DWELLING DISTRICT MF MULTI - FAMILY DWELLING DISTRICT C COMMERCIAL DISTRICT ZONE SD ZONE ZONE'SD k BROADWAY ZONE C ..... WF,,ST OAKS CIRCLE NORTH ....- ' ' ._1 ! . t".~< ....! '\, / ,. ,i I bJ -F- ;7'(z'' I /'r,-, , WEST 6A~S CIRCLE SOUTH "'~r~l~'I FI~RNI CT./"i ,ER-3 City of Peerland. Texu ZONE CHANGE FROM 8D TO MF ke ~ lede SHEEr DeINtiIAy. 1997 H~IZ:I', 400' 1 ~e ~J.E.8. · ~ ~ off arrllar dJ 3519 Liberty Drive · Pearland, Texas 77581-5416 (281) 485-2411 · Fax (281) 485-8764 June 23, 1997 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 215 Request of Charlie Vatterott, agent for Frank D. Barringer, Trustee, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from the Classification of Suburban Development (SD) to Multi Family Dwelling District (MF) on the following described property, to-wit: 32.72 Acres out of the west 1/2 of the northeast 1/4, Section 15, of the H.T. & B.R.R. Survey, A-241, as Recorded in Volume 297, Page 98, Brazoria County, Texas. Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on June 23, 1997, after the joint public hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Randy Patro, and seconded by Vice Chairman Emil Beltz to deny Application No. 215. Motion passed to deny 6 - 1 (Chairman Pat Lopez voted nay) This is submitted for your consideration. Planning & Zoning Commission ~)P~nted on Recycled Paper 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 __ N o. Date 19 __ Subscribe and worn to before me this 19 ~r} r'~ Editor Laura Ann Emmons, Publisher ..,,,, COUN~IL;:ANDj:THE:P..A ~ NING AND ZONING ¢30M, MISSION OF THE ~ T,Y.'~OF I PEARLAND, TEXAS ...... Notice is hereby:given ~ On. tetias,'on the.requeSt of. (~tlrlie'.Vatter.ott, agent. for Itelok D, Barringer, Trustee, IWmer, for. an. amendment to tie Land Use and Urban Development Ordinan~;e ot Mid City from Classification Suburban Development (aD) to Multi Family Dw.el!in9 Distti;t (MF), on the following described property, to wit: :32.72 Acres out of the west 1/2 of the .norlheast 114., ~ection 15, H.T', & B,R.R. Survey, A-241, Recorded in Volume 29~, Page 98,. Brazoria County, Texas..