Ord. 509-369 11-22-99ORDINANCE NO. 609-369
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 88.618 ACRES OF LAND OUT OF THE JOHN
W. MAXEY sURVEY, A-721 AND THE ALLISO N-RICI;-IEY GU LF COAST HOME
CO. SUBDIVISION, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 836) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF KEN CAFFEY,
AGENT FOR AMVEST PROPERTIES, INC., 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, Ken Caffey, agent for Amvest Properties, Inc., Owner filed on September
13, 1999, 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 'W'; and
WHEREAS, on the 11th of October, 1999, 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 19t~ day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Ken Caffey, agent for Amvest Properties, Inc., Owner, whereby the
Commission recommended and approved a change of classification for the property described
in Exhibit 'W' from its existing classification of Suburban Development District (SD) to Single
Family Dwelling District (P,-3); 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 8, 1999, 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 Ken Caffey, agent for Amvest Properties, Inc., Owner, facts were presented
which, in the judgment of the City Council, would justify the approval of said application, it is
therefore,
OP,DAINED BY THE CITY COUNCIL OF THE CITY OF PEAR. LAND, 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) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (P,-3); such
property being more particularly described as:
Being 86.618 acres of land out of the John W. Maxey Survey, A-721 and the Allison-
P, ichey Gulf Coast Home Co. Subdivision, recorded in volume 2, page 23, plat records
of Brazoria County, Texas
I1.
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 furthor find~ nnd detarmine~ that there ha~ been compliance with the mandates of
law in the posting and presentation of this matter to the Planning and Zoning Commission
2
and to the City Council for consideration and decision.
II1.
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-369
PASSED, APPROVED, and ADOPTED on First Reading this Sth day of
November
,1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day
of November , 1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DAI~RIN COKER
CITY ATTORNEY
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re;
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 836
Request of Ken Caffey, agent for Amvest Properties, Inc., owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Suburban
Development District (SD) to Single Family Dwelling District (R-3) on the following
described property, to wit:
Being 86.618 acres of land out of the John W. Maxey survey, A-721 and the Allison-Richey
Gulf Coast Home Co. subdivision, recorded in Vol. 2, pg. 23 plat records of Brazoria Co.
Honorable Mayor and Council Members:
At a regular meeting held on October 18, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Donald Glenn
to recommend approval of Zone Change Application No. 836.
Motion to approve passed 4 to O.
This is submitted for your consideration.
Sincerely,
Mary~mrr, Chalrm~Ju~¢>
Planning & Zoning Commission
__ Change in Regulatio~.s in Section #:
__ Specific Use for:
Property address:
Lot: Block:
Metes 8'~ Bounds Description:
(unplatted property only; attach survey)
Subdivision: Sunrise. ,,' Lake ~ ~-~
See-Attached (87.6522 Ac) Exhibit "A"
Tax I.D. number:
Proposed usc of land wifldn requested designation: Residental Development
Rec0~d0wncr's flame: Amvest Properties, Inc.
Owner's mailing address: 7676 Woodway. Suite 238, Houston,-Tex~s 77063
Owncl"'., telephone nun]bef: 713-784-6102
Agent's name: Ken Caffey
Agent's ,nailing address: Same .As Above
Agent's telephone numbe~:
713-784-6102
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the Jaws of thc State of Texas and Ordinances of thc City of Pearland. *On a Spedific Usc
Pcrmil request Id allow a residential usc in a business zone (OP, NS, GB), I acknowledge that such use
may fy,: incompatible with CUl'£cn! and ~turc uses on pro~rdes in ~ny vici~ty.
._.... ...
R-1
ZONE SD
ZONE 50
ZONE ~-~
ZONE SD
ZONE SD
15-
ZONE SD
SD SUBURBAN DISTRICT
R-1 LOW DENSI'~' SINGLE FAMILY DWELLING DISTRICT
R-5 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
7
12
ZONE CHANIIE
FROM
8D TO R-a
~..g ~1~.'_'~'
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 ~..,,2,,~ 19 '~
No. Date .19 __
No. Date 19 __
No. Date
19 ' ·
No. Date 19 --
Subscribe and sworn to before me this
19 ~
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 ~4. Z_. ~-' 19
NO. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 --
President
Subscribe and sworn to before me this
19 ~c~
day o! ~:~ -
Ann Emmons, Publisher
Notary Public, State of Texas