Ord. 509-298 04-26-98ORDINANCE NO. 509-298
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 BEING 35.0 ACRES IN THE T.J. GREEN & T.D. YOCUM
SURVEY, & 9.8895 ACRES OUT OF THE W.J. DISSEN 47.79 ACRE TRACT,
ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 641) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-2) AND GENERAL BUSINESS (GB) TO SINGLE
FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF FROST
PROPERTIES, 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, Frost Properties, Ltd., owner, filed on November 13, 1998, 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 application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 5th day of April, 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 6th day of April, 1999, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Frost Properties, Ltd., owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Single Family Dwelling District (R-2) and General
Business District (GB) 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 the 12th of April, 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 Frost Properties, Ltd., owner, facts 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 Single Family Dwelling District (R-2) and
General Business District (GB) to is hereby for all purposes changed and reclassified as
Single Family Dwelling District (R-2); such property being more particularly described as:
Being 35. 0 Acres in the T.J. Green & T.D. Yocum survey, & 9.8895 Acres out
of the W.J. Dissen 47.79 Acre Tract, according to the plat 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 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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-298
PASSED, APPROVED, and ADOPTED on First Reading this~-~''
MAYOR
day of
ATTEST:
/CLUNG ~F.U~/-/~".
~,,~lr y SE~ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of ~)('t I ,1998. ~
TOM REID
MAYOR
ATTEST:
:~UNG L~G// /]~ //
~I-Y SFz~./RETARY/_/'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
~__ Change in Zoning Classification from: ,Z~ Z,//~ ~ to: /~Z.-
__ Change in Regulations in Section #:
Specific Use for: *
Properly address: -..~-~ .,4"77,4 c,ow.~ ~w..sc~J/~FS-a/)
Lot: Block:
Sulxlivision: ,~,./~
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address: -
Owner',~ telephone number:
Agent's name:
7-
/3,31
. Agent's mailing address:
Agent's telephone number: t:~) Zg7 ' ~-~',5"ff"
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), l acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's sig, ature: Agent's signature:
_ Fees paid: $ ,=~,-.~'0 Date paid: r~'~/,/,// / ' '~' v
Received h · . ,~,~/,~ ,/r~_~
.,-,-,.,-, ~t.u ~)~ ~ ..... s~l'~llealin'n':'~nn~'l~*~.':~:~~}:g~:~i~(
CITY OF PEARLRND 1D:715-~5-8764 FEB 25'~ 16:53 No.01$ P.06
Cr~Y CC
/ fy,,~ o ?//~ ..
SOB SUBURBAN OISTRICT BUSINESS
a-1 LOW DENSITY SINGLE. F'AMILY OW[LUNG DISTRICT
a-2 MmUM O~S~rY SINGLE FAMILY DWELLINg
N-4. MAXIMUM DLN~IIY ~lNgkE FAMILY DWELLING ~ - -~ .... .
GB GENERAL BUSINESS DISTRICT .,3 ! .~/,,.,.--z~
$ e~,,PEOIF10 U~E PERMIT r"'
........... ....
6 April 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 641
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, March 15, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classifications Single Family Dwelling
District (R-2) and General Business District (GB) to Single Family Dwelling District (R-2) on the
following properties, to wit:
Application No. 641
Frost Properties, 'Ltd.
1331 Lamar, Suite 1356
Houston, TX 77010
Alan Potok, Agent
Legal:
Being 35.0 acres in the T.J. Green & T.D. Yocum survey, & 9.8895
Acres out of the W.J. Dissen 47.79 acre tract, according to the plat
records of Brazoria Co., TX
The motion was made by Commissioner Jack Maths and seconded by Commissioner Emil Beltz to
approve the applications listed above.
The motion to approve passed unanimously (6-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose.
Sincerely,
Tommy Scott, Vice-Chairperson
Planning & Zoning Commission
City of Pearland
Young Lorling
City Secretary
(281) 485-2411 x341
Telecopier (281) 485-1106
April 28, 1999
Melissa Harris
Administretive Clerk
(281) 485-2411 X340
Telecopier (281) 485-1106
Frost Properties, Ltd
Alan Potok, Agent
1331 Lamar, Suite 1356
Houston, TX 77010
Dear Mr. Potok:
On April 26, 1999 the City Council voted to approve Application No. 641 requesting the
change of classification of certain real property from the classification of Suburban
Development District (SD) to Single Family Dwelling District (R-2).
Enclosed is a copy of Ordinance 509-298 for your records.
Sincerely,
Young Lorfing
City Secretary
Enclosure
3519 LIBERIW DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us