Ord. 509-122 03-31-97 ORDINANCE NO. 509-122 -~
AN ORDINANCE 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 LOCATED
ON 5.015 ACRES OF LAND IN THE W.D.C. HALL SURVEY, A-23, HARRIS
COUNTY, TEXAS, AND BEING OUT OF A 38.360 ACRE TRACT OF LAND
CONVEYED TO AYRSHIRE CORPORATION BY DEED FILED UNDER HARRIS
COUNTY CLERK FILE NO. K-436255 OF THE OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY OF HARRIS COUNTY. ( APPLICATION NO. 111 ) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI-
FAMILY DWELLING DISTRICT-PLANNED UNIT DEVELOPMENT (MF-PUD) AT
THE REQUEST OF SHERRY L. APPLEWHITE,-AGENT, FOR AYRSHIRE
CORPORATION, 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, Sherry L. Applewhite, agent, for Ayrshire Corporation, owner, filed on
February 1 O, 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 3rd day of March, 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 3rd day of March, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application of Sherry L. Applewhite, agent, for Ayrshire Corporation,
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 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 3, 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 Sherry, U Applewhite, agent, for Ayrshire Corporation, 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-Planned
Unit Development (MF-PUD).
Being 5.015 acres of land in the W.D.C. Hall Survey, A-23, Harris County,
Texas, and being out of a 38.360 acre tract of land conveyed to Ayrshire
Corporation by deed filed under Harris County Clerk File No. K~436255 of the
Official Public Records of Real Property of Harris County.
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 I~assage and approval on second and
final reading.
ORDINANCE NO. 509-122
PASSED, APPROVED, and ADOPTED on First Reading this~z~L.~ day of
/"~//Z~L-J , 1997.
TOM REID
MAYOR
ATTEST:
iNTERi~EE~~ECRET AR~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ~/;
of ~j{.~ , 1997.
TOM REID
MAYOR
day
ATTEST:
APPRQ D AS TO FORM:
x Change in Zoning Classification from: SD to: MF-r~Un
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address: Net yet assigned
Lot: ~1/.~ Block:
Metes & Bounds Description:
· (unplatted property only; attach survey}
Subdivision: N/A
Attached - Exhibit "A"
74--1025421
Taxl. D. number:
Proposed use of land within requested designation: Assisted Care Living Center
and adjacent right-of-way for Scarsdale Blvd.
Record owner's name:
Ayrshire Corporation
Owner's mailing address: 2028 Buffalo Terrace, Houston, Texas 77019
Owner's telephone number: (713) 524--4676
Agent's name:
Sherry L. Applewhite
Agent's mailing address: 2028 Buffal:o Terrace, Houston, Texas 77019
Agent's telephone number: (713) 524--4676
PETITION: As owner/agent, I hereby petition the City for approval of the aboQe 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 fU.ture-~uses on properties in my vicinity.
Owncr's signatur'x'~ "~-""~'//,"/'/' cnt's signature:
I:ccs paid: $ Waived, new annexation !)ate paid:
R ccc~ vcd by. Appl icafi0n num!>ar:
February 7, 1997
Being 5.015 acres of land in the W. O. C. Hall Survey, A-23, Harris
County, Texas and being out of a 38.360 acre tract of land conveyed
to Ayrshire Corporation by deed filed under Harris County County
Clerk File No. K-436255 of the Official Public Records of Real
Property of Harris County, Texas, said 5.015 acres being more
particularly described by motes and bounds as follows:
BEGINNING at a poilit marked by a 5/8 inch iron rod on the
Sou[beast line of said 38.360 acre tract, same Doing a Northwest
line of a 376.5 acre tract as described in deed recorded in Volume
3209, Page 106 of the Deed Records of Harris County, Texas, said
point being the South corner of Green Tee Terrace, Section 6
according to the plat thereof ~ecorded at Film Code No. 378073 of
the Map Records of Harris County, Texas;
THENCE South 45° 14' 48" West, along the Southeast line of
8aid 38.360 acre tract, same being a Northwest line of said 376.5
acre tract, a distance of 341.58 feet to a point for corner marked
by a 1~ inch iron pipe, said pal:It being the youth corner of said
38.360 acre tract, same being a re-entrant corner for said 376.5
acre tract;
THENCE North 45" 05' 43" ~est, along the Southwest line of
said 38.360 acre tract, same being a Northeast line of said 376.5
acre tract, a distance of 590.47 feet to a point for corner marked
by a 5/8 inch iron rod;
THENCE in a Northeasterly, direction with a curve to the left
whose radius is 2329.18 feet, central angle is 8° 51' 11" and whose
chord bears North 28° 59' 01" East, a distance, measured along the
arc of said curve, of 359.89 feet to a point for corner marked by
a 5/8 inch iron rod;
THENCE South 44° 44' 59" East, at 53.36 feet pass a 5/8 inch
iron rod marking the West corner of said Green Toe Terrace, Section
6 and continuing along the Southwest line of said Green Tee
Terrace, Section 6, a distance, in all, of 691.15 feet to the POINT
OF BEGINNING and containing 5.015 acru~ of land.
RAYBURN CHERRY ENGINEERS, INC.
Consulting Engineers
AFFID W W O[ pUBUlO lObl
The pearland Reporter News
2404 South Park
pearland, Texas 77551
State oi Texas .
Brazoria and Marris Countics
'~;: Joan Cumn'fings, i~creby ccrtity that the noticcj hereby appended was pub[is~C~
in Brazoria and Harris Countics in tl~c REPORTER NEWS, a newspaper oi general
circutation in Brazoria and Harris Countics, for / issues, as Iollow5:
No.
No.
Date
19
No.
Date
19 ..
No.
Date
19__
No.
Date
19
Subscribe and worn to beeore me this
19
Editor
day of
Laura Ann Emmons, Publisher
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State ol' Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / iusucs, as Iollows:
/2-
No.
No.
Date
Date
No. Date
N o. D a,!:
J
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Subscribe and worn to before me this ~2~,~7,..-~¢a~¢,~. ~
Notary Public~ State of Texas
Laura Ann Emmons, Publisher
· N(~!'ICE OF A JOINT PUB-
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