Ord. 509-559 12-10-01 PulledThis Item was pulled at the request of the applicant.
See Ordinance No. 509-585
ORDINANCE NO. 509-559
AN ORDINANCE OF THE CITY COUNCIL 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 LOCATION BEING LOTS 9A AND 12A, SECTION 12,
H. T. & B. SURVEY, A-508, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1008) FROM CLASSIFICATION COMMERCIAL (C) AND HEAVY
INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DWELLING DISTRICT
(R-2) AT THE REQUEST OF DALE HURT, AGENT FOR RANDALL L.
FERGUSON, 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, Dale Hurt, agent for Randall L. Ferguson, Owner, filed on September
27, 2001, 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 applications for amendment attached hereto, and made a part hereof for all
purposes, as Exhibit "A"; and
WHEREAS, on the 19th of November, 2001, 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 4th day of December, 2001, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Dale Hurt, agent for Randall L.
ORDINANCE NO. 509-559
Ferguson, Owner, whereby the Commission recommended a denial for a change of
classification for the property described in Exhibit "A" from its existing classification of
Commercial (C) and Heavy Industrial District (M-2) to Single Family Dwelling District (R-2)
and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and the recommendation of the Planning and
Zoning Commission, at a regular meeting on December 10, 2001, 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 Dale Hurt, agent for Randall L. Ferguson, Owner, 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:
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Commercial (C) and Heavy Industrial
District (M-2) to is hereby for all purposes changed and reclassified as Single Family
Dwelling District (R-2); such property being more particularly described as:
Lots 9A and 12A, Section 12, H. T. & B. Survey, A-508, 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
2
ORDINANCE NO. 509-559
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 herein above described property.
3
ORDINANCE NO. 509-559
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2001.
ATTEST:
YOUNG LORFING
CITY SECRETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-559
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2001.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
ZONE (Ili
revised 5/9/00
✓ Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
Property address:ek /T 3 s�C iC/l/ Fri? I)/k
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) 5 6(/t//3,-
4caT OSm$-eooS-c oo
Tax I.D. number: / t7 -# R/76009
le/g 1'
Current use of land: Me"77-
Proposed use of land within requested designation: 'S/AC%L f /L-y ,/ `.&' At_
Record owner's aafre: 414464. 4 , ) t$ 04
Owner's mailing address: 2-11N S era( ?�tjj/1,C/j--.0.) 7x 77 5'/
Owner's telephone number:
Agent's name: `-'' '�'�
Agent's mailing address: 30l0 -3eeca ✓e D/2 /'(lssoua f &, -/'' 77 v-$-
Agent's telephone number: I-`747��
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 fu e uses on properties in my vicinity.
Owner's signature:
Agent's signature: --
Fees paid: $
Date paid: q / Dr)) 0
Received by: �p --' ' -,O
Application number: \ 01
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ZONE CHANGE APPLICATION NO. 1008
Randall Ferguson/Dale Hurtt
Veterans Drive
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was::published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
cuiation in Brazoria and Harris Counties, for / issues,=as:follows:
No. 7 Date /0- 3/ 20 _J
No. Date 20
No. Date 20
No. . Date 20
No. Date 20
scribe and sworn to before me this % day of iG)
1
Notary Public, State o
\uk).
\,c,
P'``
/c0c
Published Oct. 31 & Nov. 7,
2001
NOTICE OF A JOINT PUB-
LIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION OF
THE CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 19th day of
November, 2001, at;6:30
p.m., the City Council and
the Planning and, Zoning
Commission of the City of
Pearland, Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a Joint
Public Hearing in the
Council Chambers, City
Hail, 3519 Liberty Drive,
Pearland, Texas, on the
request of Dale G. Hurtt,
agent for Randall L.
Ferguson, owner, for an
amendment to the Land
Use and ` Urban
Development Ordinance of
said City from Classification
Commercial District (C) to
Single Family Dwelling
District (R•2) on the follow-
ing described property, to
wit
Being Lots 9A and 12A,
Sect 12, H. T. & B. Survey,
A-508, Brazoria Co, TX
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is/ Young Lorfing
City Secretary
APPLICATION NO.1008
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Sandy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. . / Date l%-- _- 20 .4f
No. Date 20
No Date 20
No Date 20
No. Date 20
hG( ght._s
President
scribe and sworn to before me this day o
of
11,10
Kt.t . minp ts. Aga
Commission Expires 9-9-02
er
Application No. 1008
Published Oct. 31 & Nov. 7,
2001
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND
ZONING COMMISSION OF
THE CITY OF PEARLAND,
TEXAS
Notice is hereby given that on
the 19th day of November,
2001, at 6:30 p.m, the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a,Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of Dale
G. Hurtt, agent for Randall L.
Ferguson, owner, for an
amendment to the Land Use
and Urban. Development
Ordinance of said City from
Classification Commercial
District (C) to Single Family
Dwelling District (R•2) on the
following described property,
to wit:
Being Lots 9A and 12A, Sect
12, H. T. & 8. Survey, A•508,
BtaratiaCe, TX
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject
Is/ Young Lolling
City Secretary
APPUCATION NO.1008
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
tate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria, Harris & Galveston Counties, for i issues, as follows:
No. Date //--/q 20 -0/
No. Date 20
No. Date 20
No. Date 20
No. Date 20
ubscribe and sworn to before me this
0/
d4resident
dayo
LAURA A . EMMONS
cl •- i j
`'i Notary Public = �i
sher
Notary Public, State of Texas
Application No. 1008
Published Nov.14, 2001
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that on
the 19th day of November,
2001, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
Cityof Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hdd,.
3519 Liberty Drive, Pearland,
Texas, on the request of. Dale
G. Hurtt, agent for Rangy L.
Ferguson, owner, for an
amendment to the Land Imo'
and Urban Development
Ordinance of said City from
Classification Commercial
District (C) and Heavy
Industrial District (M 2) to
Single Family 'Dwelling
District (R-2) on the following
described property, to wit:
Being Lots 9A and 12A, Sect
12, H. T. & B. Survey, A-508,
Brazoria Co. TX
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Is/ Mona nn
DevekOnentawdi
APPLICATION NO# 1008
December 4, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1008
Request by Dale Hurt, agent for Randall L. Ferguson, owners for an amendment to the Land
Use and Urban Development Ordinance of said City from Commercial (C) and Heavy
Industrial District (M-2) to Single Family Dwelling District (R-2) on the following described
property, to wit:
Being Lots 9A and 12A, Section 12, H. T. & B. Survey, A-508, Brazoria Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on December 3, 2001, after a Joint Public Hearing was held on
November 19, 2001, the Planning and Zoning Commission considered the above -mentioned
request.
A motion was made by Commissioner Robert Scherrer to forward Zoning Application No. 1008
to City Council for denial with a second made by Commissioner Todd Iocco.
Commissioner Selemon stated that he would like to incorporate the comments he made two
weeks ago, and Commissioner Scherrer stated the same comment. Mr. Selemon stated that he
could deal with the western half of this property as R-2, however, for the 20-year horizon he
would like area next to the railroad as Industrial.
Commissioner McDonald stated that he would like to see the applicant come back to
Commission with an application for a Planned Unit Development so that they can work with
staff to come up with a plan.
Motion to deny passed 6 to 0.
This is submitted for your consideration.
Sincerely, r
H. Charles Viktorin, Chairman
Planning & Zoning Commission
Zone Change Application No. 1008
City Council and Planning and Zoning Commission Joint Public Hearing: November 19, 2001
Owner: Randall L. Ferguson
Applicant/Agent: Dale G. Hurtt
Location:
Existing Zoning:
Requested Zoning:
East side of Veterans Road, South of Magnolia
Commercial District (C) and Heavy Industrial District (M-2)
Single Family Dwelling District (R-2)
Summary:
The applicant is requesting a zone change on approximately 40 acres in order to develop a single
family subdivision. The property is currently vacant. The property to the North is partially zoned
Single Family Dwelling District (R-2) and partially Heavy Industrial District (M-2) and is vacant
land. The property to the South is primarily vacant land with one single family home which was
recently zoned Single Family Dwelling District (R-2). The property to the West is zoned Single
Family Dwelling District (R-2) and is being developed as Cabot Cove Subdivision. The property
to the East is zoned Heavy Industrial District (M-2) and is vacant land.
Public Notice/Comment Forms were mailed to sixteen (16) property owners within 200 feet of this
request. No Public Comment Forms have been returned.
1
Other Considerations:
• The Comprehensive Plan recommends Light Industrial District uses for this area. The
proposed zoning is not consistent with the Comprehensive Plan, however, it is compatible
with the majority of the surrounding uses. In addition, this request is consistent with recent
zone changes in the area and discussions held at the October workshop.
• A Traffic Impact Analysis may be required.
Staff Recommendation:
Approval
Attachments:
Public Hearing Notice
Zone Change Application
Location Map
Area Zoning Map
Property Owner Notification Map
Property Owner Notification List
2
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ZONE CHANGE APPLICATION NO. 1008
Randall Ferguson/Dale Hurtt`
Veterans Drive
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ZONE CHANGE APPLICATION NO. 1008
Randall Ferguson/Dale Hurtt
Veterans Drive
TAX ACCT OWNER NAME
05080021000
05070025110
05080003000
05080013000
05070016000
05080020000
05080005000
05080013000
05080004000
05080004000
82660208000
82660202000
82660002000
TEXAS COMMERCE BANK TR
WEATHERFORD US LP
CAGE ELLIOTT JR
PHALEN THOMAS E
ALEXANDER JUD G.
BURKETT DOROTHY J
FERGUSON RANDALL L &
PHALEN THOMAS E
EDWARDS MARY F
EDWARDS MARY F
SCOTT JOYCE N
GAUS MALCOLM C & DIANE L
FRIC INC
ZONE CHANGE APPLICATION NO. 1008
Notification List
ADDRESS
SHEESLEY TR PO BOX 2558
515 POST OAK BLVD STE 6
%C C BRUNS 4044 WICKERSHAM LN
842 MERRIDEL RD
PO BOX 769
1005 HAMLIN DR
LLOYD R FERGUSON JR PO BOX 208
842 MERRIDEL RD
7412 KELVING ST
7412 KELVING ST
3901 ASHWOOD DR
PO BOX 686
1300 POST OAK BLVD STE
CITY
HOUSTON, TX 77252-2558
HOUSTON, TX 77027
HOUSTON, TX 77027-3923
HOUSTON, TX 77024-2710
BRENHAM, TX 77834-0769
CRP CHRISTI, TX 78411-2229
PEARLAND, TX 77588-0208
HOUSTON, TX 77024-2710
HOUSTON, TX 77030-3522
HOUSTON, TX 77030-3522
PEARLAND, TX 77584-9246
PEARLAND, TX 77588-0686
HOUSTON, TX 77056-3010
LEGAL DESCRIPTION
A0508 H T & B R R, TRACT 9 (UND 37.5%), ACRES 8.670, PEARLAND
A0507 A C H & B, TRACT 2-9-10, ACRES 33.953, PEARLAND
A0508 F B DRAKE, TR 3 (PT) 8 UND 1/2 INT, ACRES 14.2491
A0508 H T & B R R, TRACT 7-11, ACRES 40.000, PEARLAND
A0507 A C H & B, TRACT A-F, ACRES 10.208, PEARLAND
LTS 10A-I0B 508 H T & B PEARLAND, ACRES 10.000
A0508 H T & B R R, TRACT 9A-12, ACRES 40.000, PEARLAND
A0508 H T & B R R, TRACT 7-11, ACRES 40.000, PEARLAND
A0508 H T & B R R, TRACT 16-PT LT 15, ACRES 79.000, PEARLAND
A0508 H T & B R R, TRACT 16-PT LT 15, ACRES 79.000, PEARLAND
WESTWOOD VILLAGE SEC 1T05, BLOCK 2, LOT 8, SEC 1
WESTWOOD VILLAGE SEC 1T05, BLOCK 2, LOT 2, SEC 1
WESTWOOD VILLAGE SEC 1T05, BLK 2, LT RES B SEC 1, AC 1.430