Ord. 509-452 05-22-00ORDINANCE NO. 509-452
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 48.7516 ACRES LOCATED IN THE W.D.C.
HALL SURVEY, A-23, HARRIS COUNTY, TEXAS AS RECORDED UNDER
COUNTY CLERK'S FILE NO. T464162 OF THE OFFICIAL PUBLIC RECORDS
OF REAL PROPERTY OF HARRIS COUNTY, TEXAS (APPLICATION NO. 910)
(VILLA D'ESTE, SECTION ONE & SECTION TWO) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-I) AT THE REQUEST OF RENEE WEST, AGENT FOR GREEN-
HOLLOW, LTD., 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, Renee West, agent for Green-Hollow, Ltd., Owner, filed on February 18,
2000, 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 Ist of May, 2000, 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 2"d day of May, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Renee West, agent for Green-Hollow, Ltd., 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,-1); 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 May 8, 2000, 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 Renee West, agent for Green-Hollow, Ltd., 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:
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 (R-l); such
property being more particularly described as:
48.7516 acres located in the W.D.C. Hall Survey, A-23, Harris County, Texas as
recorded under County Clerk's File No. T464162 of the Official Public Records of Real
Property of Harris County, Texas (Villa D'Este, Sections One & Two)
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.
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 exemise 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. 509-452
PASSED, APPROVED, and ADOPTED on First Reading this
May ,2000.
8th day of
MAYOR
ATTEST:
SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of
May ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
May 2, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 910
Request of Renee West, agent for Green-Hollow, Ltd., owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from Suburban Development
District (SD) to Single Family Dwelling District (R-l) on the following described property,
to wit:
48.7516 acres located in the W.D.C. Hall Survey, A-23, Harris Co., TX, as recorded under
County Clerk's File No. T464162 of Official Public Records of Real Property of Harris Co., TX
(Villa D'Este, Sections One & Two)
Honorable Mayor and Council Members:
At a regular meeting held on May 1, 2000 after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Charles Viktorin and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 910.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
x Change in Zoning Classification from: SD to: ~ R-1
Change in Regulations in Section #:
~pecmc use Ior: ~
Property address: SEE EXHIBIT" A"
I
Lot: SEE EXHIBIT"A" Block: I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) SEE EXHIBIT" A"
Tax I.D. number: 76-0590462
Proposed use of land within requested designation: 80 FOOT LOTS
Record owner's name: ~reen-t~o3_~Low,Lt~.
Owner's mailing address:: 6302 BROADWAY SUITE 250 PEARLAND, TEXAS
~wner's telephone number:: 281-997-1500
Agent's name: RENEE WEST
Agent's mailing address: 6302 BROADWAY SUITE 250 PEARLAND, TEXAS
Agent's telephone number: 281-997-1500
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
~neompatible with current and future uses on properties in my
Owner's signature: ~//~fiY-~LL~~ER )$-0-
ZONE ~I/INEIE
FROM
8D TO R-1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
~zoria and Harris Counties
~andy 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 and Harris Counties, for / issues, as follows:
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20~
)scribe and sworn to before me this
Laur. a~n
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
No. Date
No.. Date
No. Date
No. Date
20.4fo
.20
20.--
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'~A.~'~ ~/~,_~j.r'
President
Subscribe and sworn to before me this
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