Ord. 509-092 10-28-96ORDINANCE NO. 509-92
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 GENERAL BUSINESS RESERVE 'B", BLOCK 2, BEING 3.6544 ACRES OUT
OF COBBLESTONE, A SUBDIVISION OF 36.074 ACRES AS RECORDED IN
BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, 'TEXAS, IN
VOLUME 19, PAGES 323 AND 324 (MAGNOLIA ROAD & VETERANS ROAD
- APPLICATION//82) FROM CLASSIFICATION GENERAL BUSINESS
DISTRICT (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-2 PUD) AT THE
REQUEST OF GERALD MUNGER 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 TOTHE SUBJECT.
WHEREAS, Gerald Munger of Century Engineering, Inc., agent for R & S Land Co.,
Inc., owners, filed on August 2, 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 23rd day of September, 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 24th day of September, 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, agent, whereby the
Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of General Business District (GB)
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 October 14, 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, 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 General Business District (GB) is hereby for
all purposes changed and reclassified as Single Family Dwelling District (R-2 PUD):
General Business Reserve "B", Block 2, being 3.6544 acres out of
Cobblestone, a subdivision of 36.074 acres as recorded in Brazoria County
Plat Records, Brazoria County, Texas, in Volume 19, Pages 323 and 324
(Magnolia Road & Veterans Road).
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 ex~rcise 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. 509-92
PASSED, APPROVED, and ADOPTED on First Reading this ~ day of
8~.~~-/L ,1996.
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this~(~ day
~ , 1996.
TOM REID
MAYOR
ATTEST:
L~~~NECRETARy
APP/~OVED AS TO FORM: ,
IV(: MCCUL~_O GH L
CITY A'I'ORNEY
* Change in Zoning Classification from: GB
to: R-2 PHD
__ Change in Regulations in Section #:
__ Specific Use for: *
General Business Resexve "B"
On Magnolia And Veterans Roads
Property address:
Lot: N/A Block: 2
Melts & Bounds Description:
(unplat~l property only; attach survey)
Subdivision:
(See Attached)
Cobblestone
Tax I.D. number: 742114952
Proposed use of land. within requested designation:
dwelling units
Record owner's-ame: R & S Land Co., Inc.
Owner's mailing address: 15555 Kuyke_xK]a~ Houston Texa__s 77090
Owner's telephone number: (713) 397-9666
Agent's name: Gerald Munger, Century Engineering, Inc.
Agem's ma~hlg 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.
Owner's sigma ,TD"~d-~ . ' ' : rid/
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EXHIBIT "A"
ZONE M-1
MAGF, OLIA ELMS ",/z
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AGNOLIA ROAD . .
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~ .20% .RESERVE "B"
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FOX RUN DRIVE
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~ STONEBRIDGE DRIVE
15 ~::r I
ZONE R-2
LIGHT INDUSTRIAL DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MULTI - FAMILY DWELLING DISTRICT
MOBILE HOME PARK DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
PLANNED UNIT DEVELOPMENT DISTRICT
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lIB TO R-2 PUD
~ ~C.R. LONe 96-1171 Of 1
EXHZBZT "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:
No. Date 19
No. Date 19
No. Date . 19
No. Date 19
Subscribe and worn to before me this
Editor
dayof ~C~.
Laura Ann Emmons, Publisher
EXHZBZT 'B'