Ord. 509-102 12-17-97ORDINANCE NO. 509-102
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
IN THAT PORTION OF THE 2-FOOT FENCE RESERVE 'E", BLOCK 2, OUT OF
COBBLESTONE, SUBDIVISION OF 36.074 ACRES AS RECORDED IN THE
BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS, IN
VOLUME 19, PAGES 323 AND 324 AS FOLLOWS: NORTH OF AND
ADJACENT TO MULTI-FAMILY RESERVE 'A" AND GENERAL BUSINESS
RESERVE 'B" OF THE AFOREMENTIONED SUBDIVISION AND SOUTH OF
AND ADJACENT TO MAGNOLIA ROAD; AND EAST OF AND ADJACENT TO
GENERAL BUSINESS RESERVE 'B" OF THE AFOREMENTIONED
SUBDIVISION AND WEST OF AND ADJACENT TO VETERANS ROAD -
(APPUCATION NO. 93) FROM CLASSIFICATION MULTI-FAMILY DWELLING
DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) ON THE
REQUEST OF GERALD MUNGER, JR. OF CENTURY ENGINEERING, INC.,
AGENT FOR R & S LAND CO., INC., OWNERS; 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, Gerald Munger, Jr. of Century Engineering, Inc., agent for R & S Land
Co., Inc., owners, filed on October 1, 1996, 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 1 l th day of November, 1996, 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 12th day of November, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application of Gerald Munger, Jr., agent, 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 Single Family Dwelling District (R-2 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 November 25, 1996; 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 Gerald Munger, Jr., agent, 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 Multi-Family Dwelling District (MF) is hereby
for all purposes changed and reclassified as Single Family Dwelling Distdct (R-2 PUD):
That portion of the 2-Foot Fence Reserve "E", Block 2, out of Cobblestone,
a subdivision of 36.074 acres as recorded in the Brazoria County Plat
Records, Brazoria County, Texas, in Volume 19, Pages 323 and 324 as
follows: North of and adjacent to Multi-Family Reserve "A" and General
Business Reserve "B" of the aforementioned subdivision and south of and
adjacent to Magnolia Road; and east of and adjacent to General Business
Reserve "B" of the aforementioned subdivision and west of and adjacent to
Veterans Road.
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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 prometes 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
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ORDINANCE NO. 509-102
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
PASSED, APPROVED, and ADOPTED on First Reading this c>~Z~ day of
~g,_4 w* ~/~ ,1996.
TOM REID
MAYOR
ATTEST:
CITY S~CRETARY
/VED, and ADOPTED on Second and Final Reading this/'/Z~ day
of ,1996.
TOM REID
MAYOR
ATTEST:
APPRp/~/X/ED AS TO FORM:
ORNEY
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Change in Zoning Classification from: m~/cs to: a-2 mm
Change in Regulations in Section #:
Specific Use for: *
Property address: -2' Fence Reserve "E" (along Magnolia Road and Veterans Road)
LoC N/A Block: 2 Subdivision: Cobblestone
(unplatted propeW only; attach survey)
(See Attached)
Tax I.D. number:
742114952
Proposeduseoflandwithinl2qtlesteddesigna~on: Detached Single-Family Residential
Dwellin8 Units
Record owner'sname: R & s Land Co., Inc.
Owner's msiling Iddress: 15555 Ktrykendahl, Houston, Texas 77090
Owner' s telephone number: ( 7 13 )
397-9666
Agent's name:
Garald Munger, Jr., Century Engineering,-Inc.
Aient's msiling address: 3030 South Gessner, Suite 100, Houston, Texas 77063
Agent's telephone number: (713) 780-8871
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.
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LIGHT INDUSTRIAL DISTRICT
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MULTI - FAMILY DWELLING DISTRICT
MOBILE HOME PARK DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
PLANNED UNIT DEVELOPMENT DISTRICT
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EXHIBIT "B"
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:
.o./
Date
No. Date 19
No. Date 19
N o. Date 19
No. Date 19
Subscribe and worn to before me this
Editor
dayof .~_~,
Laura Ann Emmons, Publisher
EXHIBIT "B"