Ord. 509-370 11-22-99 ORDINANCE NO. 509-370
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 APPROXIMATELY 60 ACRES OUT OF
SECTION 12, H.T. & B.R.R. CO. SURVEY, A-508, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 820)
(SOUTHEAST CORNER OF MAGNOLIA AND VETERANS) FROM
CLASSIFICATION COMMERCIAL DISTRICT (C) TO SINGLE FAMILY
DWELLING DISTRICT (R-2) AT THE REQUEST OF DWAIN EVANS, AGENT
FOR FLYMA THOMPSON, ELLIOT CAGE, AND CATHERINE CAGE BURNS,
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, Dwain Evans, agent for Flyma Thompson, Elliot Cage, and Catherine Cage
Burns, Owners, filed on August 12, 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 "A"; and
WHEREAS, on the 11~ 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 19th 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 Dwain Evans, agent for Flyma Thompson, Elliot Cage, and
Catherine Cage Burns, Owners, whereby the Commission recommended and approved a
change of classification for the property described in Exhibit 'W' from its existing classification
of Commercial District (C) 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 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 Dwain Evans, agent for Flyma Thompson, Elliot'Cage, and Catherine Cage
Burns, Owners, 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 Commercial District (C) to is hereby for all
purposes changed and reclassified as Single Family Dwelling District (R-2); such property
being more particularly described as:
Being approximately 60 acres out of Section 12, H.T. & B.R.R. Co. Survey, A-508,
according to the plat records of Brazoria County, Texas (Southeast corner of Magnolia
and Veterans)
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 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.
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. 509-370
PASSED, APPROVED, and ADOPTED on First Reading this 81:h day of
November ,1999.
ATTEST:
TOM REID
MAYOR
RY M
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day
of November ,1999.
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
October 19, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
ge~
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 820
Request of Dwain Evans, agent for Flyma Thompson, Elliot Cage, and Catherine Cage
Burns, owners, for an amendment to the Land Use and Urban Development Ordinance of
said City from Classification Commercial (C) to Single Family Dwelling District (R-2) on
the following described property, to wit:
Being approximately 60 acres out of Section 12, H.T.&B. R.R. Co. Survey, A-508,
according to the plat records of Brazoria Co., TX (S.E. Corner of Magnolia and Veterans)
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 Vice Chairman Tommy Scott and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 820.
Motion to approve passed 4 to O.
This is submitted for your consideration.
Sincerely,
Ma~j Start, Chairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 315196
V/ Change in Zoning Classification from: [5 to: Q~
Change in Regulations in Section #:
Specific Use for: '
Properly address: 60 Acres at southeast corner of Magnolia and Pearland Sites (Veterans)
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) 60 acres, Sec. 12, HT & B, Survey, A-508, Brazoria Cty
Tax I.D. number:
Proposed use of land within requested designation: Single Family Sub-divisfon, We are appl¥1n
tot R-2 S1NGLE ~'~I£LY U~5'I'K/U'£'. in order to provide bur~er, we propose a 9.6625
ract that would be developed as retail and office warehousing.
Record owner's name: Fylma W. Thompson, Elliott Cage, Catherine Cage Burns
Owner's mailing address: % Chaille Kelly, 2121 Sage Road, Suite 300, Houston, Texas 77056
Owners telephone number: % Chaille Kelly, (713) 621-4943
Agent's name: Dwain Evans
Agent's mailing address: 4615 Southwest Freeway~ ~1025, Houstoh, Texas 77027
Agent's telephone number: (713) 993-0733
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 Pe, arland. *OD.a-.Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GByJ ~ckno~'~'.j:~ that such use
Fees paid: $
UAGNOLIA STREET
ZONE R-2 (PUD)
ZONE C
F
ZONE M-2
ZONE R-2
ZONE C
ZONE M-2
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
R-5 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
MH MOBILE HOME PARK DISTRICT
C COMMERCIAL DISTRICT
PUD PLANNED UNIT DEVELOPMENT DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
ZONE' CHANGE
FROM
C TO IRE
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 '~-.2.2. 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 ?'q
NO. Date 19 .__
No. Date 19
No. Date 19
No. Date 19 __
President
Subscribe and sworn to before me this
19 (~
day of ~"~ -
Emmons, Publisher
Notary Public, State of Texas