Ord. 509-561 12-10-01 PulledThis Item was pulled at the request of the applicant.
See Ordinance No. 509-585
ORDINANCE NO. 509-561
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 10.20 ACRES, A. C. H. & B.
SURVEY, SECTION 2, A-507, AS RECORDED IN VOLUME 767, PAGE
299, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO.1012) FROM CLASSIFICATION HEAVY INDUSTRIAL DISTRICT (M-2)
TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF
DALE HURT, AGENT FOR JUD G. ALEXANDER, 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 Jud G. Alexander, Owner, filed on October 9,
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 Jud G. Alexander,
1
ORDINANCE NO. 509-561
Owner, whereby the Commission recommended a denial for a change of classification for
the property described in Exhibit "A" from its existing classification of 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 Jud G. Alexander, 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 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:
10.20 Acres, A. C. H. & B. Survey, Section 2, A-507, as recorded in Volume 767,
Page 299, Deed Records of 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
2
ORDINANCE NO. 509-561
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. 509-561
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. 509-561
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
Jan 13 70 05:37p
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Jars I2 70 05:45p
Oct 03 01 0B:22a Mark Dunoit
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CITY OF PF.AIMAND
ZONE CHANG1I APPLICATION
revised 5/9:100
x�
✓Cbaagt in Zoning Classification from: % to: let.
Change in Regulations in Section x:
Specific Use for: -
Properly address: "PG"4tt if#
Lot: ��/( Brock: d
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Subdivision: A,/
Macs & Bounds DesmP11 Ir AQSC, 7 NC14 8 e ` 724c AP
(unplattedya praty 2aly, attach survey) u 1
j Tax I.U. numbcr: X 44 b- q x` i 711
`, Catsaat nee of land: Vlte/}o
Proposed use of land witbin tequtsted desiptui' on: i?E'SI nl T1' _, ,„)%woe 74,4,,zi!
Record owners name: X ei IAA 6, A bulk', Aid ed..
Owner's mailiag address: X P 0.806 761 Qlet ,i.' A 14N11 Ts, 771)%1 - 0 7 49
Q3 3.72� Exi- -i4 i I v
Owners tciepitene number it"/ Q % /d — � �
Agent's name: e f / 0!/
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Apex's mailing address: -/
221 - y. q 4; z43
Agent's talspiwae number! — —
PETMON: A5 o'waertagent, I booby petition the City
pr,vuiestdedIoby thewla�sidofethndealStateinofaTtxas tad zOtdiome
reqspeuse business one (0?eNoSfGiItyacolmfParhd
incompatible with cur...a and fume uses onlrOparti'a
for approval of be above datertiled
c use et
. ibauch ta%qilkeat
owtetlge. 'Out a Sp►ucsayU6e Prmi
i[l ley vicioity.
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Fees paid: S .1
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ate paid: 1 O - l - eD
A orlon number.
p_1
t 001
P•2
ZONE CHANGE APPLICATION NO. 1012
Jud G. Alexander/Dale Hurtt
W+
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
-culation in Brazoria and Harris Counties, for / issues, -as follows:
No. 7 Date /0- '/ 20_ J
No. Date 20
No. Date 20
No. Date 20
No. Date 20
)scribe and sworn to before me this % day off
Notary Public, State o exas
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
the19th 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 corjduct
a Joint Public Hearing in the
Council Chambers,; City Hail,
3519 Liberty Drive, Pearland,
Texas, on the request of Dale
Hurtt, agent for Jud G.
Alexander, owner, for an
amendmentto the Land Use
and Urban Development
ordinance of said City from
Classification Heavy Industrial
Dieelct (M-2) to Single Family.
Dwelling District (R-2) on the
Mowing described property,
to wit:
10.200.acres, A. C. H. & B.
Survey, Sect 2, A-507, as
recorded in Vol 767, pg 299,
Dead Records of Brazoria Co,
TX
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
is/ Young Lorfing
City Secretary
APPLICATION NO. 1012
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Candy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria, Harris & Galveston Counties, for l issues, as follows:
No. / Date ll- 20 Of
No Date 20
No. Date 20
No. Date 20
No. Date 20
scribe and sworn to before me this
of
2
hGC C YY1
President
day of WA)
Application No. 1012
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, at6:30'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
Hurtt, agent for Jud G.
Alexander, owner, for an
amendment to Wed Use
and Wean OnnigrAnnent
Ordinance of said City from
Classification Heavy Industrial
District (M-2) to Single Family
Dwelling District (R-2) on the
following described property,
to wit:
10.200 acres, A. C. H. & B.
Survey, Sect 2, A-507, as
recorded in Vol 767, pg 299,
Deed Records of Brazoria Co,
TX
At said hearing all interested
parties shall have the right.
and opportunityto appear and
be heard on the subject.
Is/ Young Lotting
City Secretary
APPLICATION NO.1:012
December 4, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1012
Request by Dale Hurt, agent for Jud G. Alexander, owner for an amendment to the Land Use
and Urban Development Ordinance of said City from Heavy Industrial District (M-2) to Single
Family Dwelling District (R-2) on the following described property, to wit:
10.20 acres, A. C. H. & B. Survey, Section 2, A-507, as recorded in Volume 767, page 299, Deed
Records of Brazoria Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on November 19, 2001, after a Joint Public Hearing, which 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. 1012
to City Council for denial with a second made by Commissioner Todd Iocco.
Commissioner McDonald showed concern about setting a precedent with bringing these zoning
applications back to the Commission for reconsideration, however staff stated that a precedent
would not be set.
The Commission agreed that the collector street on the current Thoroughfare Plan would be a
good buffer to divide the residential zoning from the area next to the railroad, which should be
used for detention. The Commission also showed concerns for the allowance of the "R-2"
zoning next to the railroad for the simple fact that the developer could come in and build homes
on the property, rather then using it for detention.
Commissioner Iocco stated that his main reason for denial is that there is no buffer between the
requested area and the railroad tracks.
Motion to deny passed 6 to 0.
This is submitted for your consideration.
Since ely
H.'Charles Viktorin, Chairman
Planning & Zoning Commission
Zone Change Application No. 1012
City Council and Planning and Zoning Commission Joint Public Hearing: November 19, 2001
Owner: Jud G. Alexander
Applicant/Agent: Dale G. Hurtt
Location: East of Veterans Road, South of Magnolia
Existing Zoning: Heavy Industrial District (M-2)
Requested Zoning: Single Family Dwelling District (R-2)
Summary:
The applicant is requesting a zone change on approximately 10.2 acres in order to develop a single
family subdivision. The property is currently vacant. The property is surrounded by Heavy
Industrial District (M-2) zoning and vacant land with the exception of the 80 acre tract to the West
recently zoned R-2. The property is bordered on the East by the railroad.
Public Notice/Comment Forms were mailed to ten (10) 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 the discussions 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
nolia Pines DR
IIIIII
ilk NM
ZONE CHANGE APPLICATION NO. 1012
Jud G. Alexander/Dale Hurtt
W+E
WEATHERFORD US LP'
ZONE CHANGE APPLICATION NO. 1012
Jud G. Alexander/Dale Hurtt
N
W+6
S
TAX ACCT OWNER NAME
05070025110
05080021000
05070025110
05070016000
05070016000
05080020000
05080004000
05070028000
05070028110
WEATHERFORD US LP
TEXAS COMMERCE BANK TR
WEATHERFORD US LP
ALEXANDER JUD G
ALEXANDER JUD G
BURKETT DOROTHY J
EDWARDS MARY F
BURNS R J & B SHOTWELL PTN
SHOTWELL BOBBY W
ZONE CHANGE APPLICATION NO. 1012
Notification List
ADDRESS
515 POST OAK BLVD STE 6
SHEESLEY TR PO BOX 2558
515 POST OAK BLVD STE 6
PO BOX 769
PO BOX 769
1005 HAMLIN DR
7412 KELVING ST
PO BOX 459
PO BOX 957
CITY
HOUSTON, TX 77027
HOUSTON, TX 77252-2558
HOUSTON, TX 77027
BRENHAM, TX 77834-0769
BRENHAM, TX 77834-0769
CRP CHRISTI, TX 78411-2229
HOUSTON, TX 77030-3522
PEARLAND, TX 77588-0459
PEARLAND, TX 77588-0957
LEGAL DESCRIPTION
A0507 A C H & B, TRACT 2-9-10, ACRES 33.953, PEARLAND
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
A0507 A C H & B, TRACT A-F, ACRES 10.208, PEARLAND
A0507 A C H & B, TRACT A-F, ACRES 10.208, PEARLAND
LTS 10A-1 OB 508 H T & B PEARLAND, ACRES 10.000
A0508 HT & B R R, TRACT 16-PT LT 15, ACRES 79.000, PEARLAND
A0507 A C H & B, TRACT 21-22A-23-LOT 24 (PT), ACRES 45.239, PEARLAND
A0507 A C H & B, TRACT 21A-22, ACRES 19.507