Ord. 509-485 09-11-00ORDINANCE NO. 509485
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 A 10.00 ACRE TRACT OF LAND OUT OF
LOTS 28 & 29, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 937) (SUNRISE LAKE "EAST") 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 ASAVINGS
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 July 14,
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 14t~ of August, 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 22nd day of August, 2000, 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, agentforAmvest Properties, Inc., Owner, whereby the
ORDINANCE NO. 509485
Commission recommended and approved a change of classification for the property described
in Exhibit "A" from its existing classification of Suburban Development District (SD) to Single
Family Dwelling District (R-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 August 28, 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, Ken Caffey, agent for Amvest Properties, Inc., 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-3); such
property being more particularly described as:
A 10.00 acre tract of land out of Lots 28 & 29, Allison Richey Gulf Coast Home
Company Subdivision, Section 20, H.T. & B.R,R. Co. Survey, A-506, Brazoria County,
Texas (Sunrise Lake "East")
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
2
ORDINANCE NO. 509-485
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.
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ORDINANCE NO. 509-485
PASSED, APPROVED, and ADOPTED on First Reading this 11 day of
September ,2000.
TOM REiD
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,2000.
day of
ATTEST:
TOM REiD
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
__ Change in Regulations in Section #:.
Specific Use for:
Properly address:
Block:
Metes & Bounds Description:
(tinplatted property only; attach survey)
Subdivision: Sun.~ise LakB "East"
See-Attached (10 Ac. ) Exhibit "A"
Tax I.D. number:
Proposed use of land within requested designation: . Residential Development
AKceord owner's Iraroe:
Owner's mailing address:
Amvest Properties, Inc.
7676 Woodway, Ste. 238, Houston, Texas
Owner'slelephonenumber: 713-784-6102
Agent'spume: Ken Caffey
77063
Agent's mailing address: same .As Above
! Agent's telephone number: 713-784-61o2
;--
~ PETITION: As ow ~er/agent, I hereby petition file City for approval of the above described re. quest a~
~ ~rovlded by the laws of the State of Texas and Ordimnccs of the City o[ Pearland. *On a S~cific Use
Permit rcqucsl to allow a residential use in a businesS'zone tOP, NS, GB). I acknowledge that such use
may ix' incJmpatiblc it ~ curlent and ~turc uses o pro~rties in ~ny vici~ty I
i:ccsPaid:~ Datepaid: O tlt
~ 2 27
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ZONE SO
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ZONE SO
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ZONES D
17
ZONE SB
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ZONE
FROM
8D TO
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
of Texas
~ria and Harris Counties
~dy Emmons, hereby certify that the notice hereby appended was published
.zoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
~tion in Brazoria and Harris Counties, for / issues, as follows:
Date
Date
'Date
Date
Date
· ibe and sworn to before me this
LT'0D'
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.7
.AH- DAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
of Texas
ria 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
tion in Brazoria and Harris Counties, for { issues, as follows: .
Date
Date
;Date
Date
Date
~e and sworn to before me this
day of ~ ~' '
August 22, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TFIE CITY COUNCIL ON ZONING APPLICATION
NO. 937
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 Suburban Development
District (SD) to Single Family Dwelling District (R-3) on the following described property,
to wit:
A10.00 acre tract offand out of Lot 28 & 29, Allison Richey Gulf Coast Home Co. Subdivision,
Section 20, H. T. & B. R.R. Co. survey, A-506, Brazoria Co., TX (Sunrise Lake "East")
Honorable Mayor and Council Members:
At a regular meeting held on August 21, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Todd Ioceo
to recommend approval of Zone Change Application No. 937.
Motion to approve passed 5 to 0.
Tins is submitted for your consideration.
Sincerely,
Planning & Zoning Commission