Ord. 509-496 11-27-00 ORDINANCE NO. 509-496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING 56.91 ACRES OF LAND, MORE OR
LESS, OUT OF THE H. T. & B. R.R. CO. SURVEY, A-242, BRAZORIA
COUNTY TEXAS (APPLICATION NO. 940) (MANVEL ROAD @ FITE
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DISTRICT (R~2) AT THE REQUEST OF GARY
K. FERGUSON, AGENT FOR G.K.F. HOLDINGS, L.LC., 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, Gary K. Ferguson, agent for G.K.F. Holdings, L.L.C., Owner, filed on
July 7, 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 "A"; and
WHEREAS, on the 9th of October, 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 17th day of October, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 509-496
proposed amendment application by, Gary K. Ferguson, agent for G.K.F. Holdings, L.L.C.,
Owner, whereby the Commission recommended and approved a change of classification
for the properly described in Exhibit "A" from its existing classification of Suburban
Development District (SD) 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 13, 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 Gary K. Ferguson, agent for G.K.F. Holdings, L.L.C., 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 properly 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-2);
such property being more padicularly described as:
56.91 acres of land, more or less, out of the H. T. & B. R.R. Co. Survey, A-242,
Brazoria County, Texas (Manvel Road @ Fite Road)
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ORDINANCE NO. 509-496
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.
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ORDINANCE NO. 509-496
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.
PASSED, APPROVED, and ADOPTED on First Reading this 3.3 day of
November' ,2000.
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-496
PASSED, APPROVED, and ADOPTED on Second and Final Reading this _2_7_ day
of November ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CTTY
,I .....Vff_Change in Zoning Ch~ssification ~'om:
OF pERRLRND ID:713-485-8764 3UL 06'00 9:41 No,OO3 P.02
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..~ Change in R, cgalations in Section #:
property address: 5~t.q[ /4tr~,S ~rbs41~F Zq.'t. ,'~tt~"¢-~. T'~'/.
Lot: Block:
Metes & Bounds Description:
(,mplatted property only; attach survey)
'fax I.D. number: 0~'% ,-~07;~' ~OO
Current use of land:
Proposed use of land within request~ designation:
Record OWllCl'~S nanle:
Subdivision:
Owner"s mailing address:
Agent's mailing address:
Agenfs telephone nmnber:
· .??~'2 7
I'ETITION: As owner/agent, 1 hereby petition the City for approval of the above described re/quest as
provided by the laws of the State of Texas and Orditunlces of the City of Pearland. *On a Specific Use Pennit
request to allow a residential use in a business zone (OP: NS, GB}, ! acknowledge that such use may be
incompatible with current and future uses on properties m lily Wcm~ty.
Owficr S sxgnatm e gent s s~gnatu/c
F~s paid'. $ ~¢i;:sL::;5
R~eived by:I ' '
3E
ZONI5 SO
MF(152)22 R-1(16~)19
R-'I(186:
R-1(181
zo~ SO (s)
eLUE SAGE O~{, (CR 569)
C~y of Pearland, Texas
GKF HOLDINGS, LLC
ZONE CHANCE
FROM
SD TO R-2
=
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
te of Texas
zoria and Harris Counties
andy Emmons, hereby certify that the notice hereby appended was published
lrazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ulation in Brazoria and Harris Counties, for: ,/
No.
No.
No.
No.
No.
/ Date ,~0~ ~/)
Date
Date
Date
Date '-
issues, as follows:
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' . ' ~President :/:: .' "-'-. ":.: -!
LaUra Ann
scribe and sworn to before me this
Notary Pul
/-trrlu/~Vl l t~F PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
~f Texas
ia and Harris Counties
ly Emmons, hereby certify that the notice hereby appended was published
oria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ion in Brazoria and Harris Counties, for ·/ issues, as follows:
o. / Date ~ ,2'7 20
~.' Date -"::
· -!:.-': ·
' ~resident : ~: '-
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9 and sworn to before me this ~ day of
~0 ' ' ' '
,:
October 17, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re;
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 940
Request of Gary K. Ferguson, agent for G.K.F. HoldingS, L.L.C., 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-2) on the
following described property, to wit:
56.91 acres of land, more or less, out of the H. T. & B. R.R. Co. survey, A-242, Brazoria Co.,
TX (Manvel Road ~ File Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 16, 2000, after a Joint Public Hear'rag, the Planning and
Zoning Commission considered the abeve-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Russ
Selemon recommend approval of Zone Change Application No. 940.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sheerely,
Planning & Zoning Commission