Ord. 509-484 09-11-00 ORDINANCE NO. 509-484
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 AND GRANTING A SPECIFIC USE PERMIT FOR A SCHOOL ON
THE FOLLOWING PROPERTY, BEING 79.5168 ACRES BEING ALL OF LOT
17, SECTION 12, H. T. & B. R.R. CO. SURVEY, A-508, BRAZORIA CO., TX
(SPECIFIC USE NO. 89) (MCLEAN ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT
DISTRICT - SPECIFIC USE (SD-S) AT THE REQUEST OF KENNETH R.
BLACK OF COBOURN LINSEISEN & RATCLIFF, INC. AGENT FOR PEARLAND
INDEPENDENT SCHOOL DISTRICT 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, Kenneth R. Black of Cobourn Linseisen & Ratcliff, Inc. agent for Pearland
Independent School District, Owner, filed on July 22,2000, 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 24t' of July, 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 8® 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, Kenneth R. Black of Cobourn Linseisen & Ratcliff, Inc. agent for
Pearland Independent School District, Owner, whereby the Commission recommended and
1
ORDINANCE NO. 509-484
approved a change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (SD) to Suburban Development District -
Specific Use (SD-S); 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 Kenneth R. Black of Coboum Linseisen & Ratcliff, Inc. agent for Pearland
Independent School District, 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 Suburban Development District - Specific Use
Permit (SD-S); such property being more particularly described as:
79.5168 acres being all of Lot 17, Section 12, H. T. & B. R.R. Co. Survey, A-508, Brazoria
County, TX (McLean Road)
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. 509-484
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. 509-484
PASSED, APPROVED, and ADOPTED on First Reading this 28th day of
August, 2000.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th day of
September, 2000.
TOM REID
MAYOR
ATTEST:
Y S ETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
,
..~ Change in Zoning Classification l?om:
~ Change in Regulations in Section #:
X Specific Use for: * Schools. Fublie
s_.h to: $1S
Property address: 80 acres Abstract 508
Lot 17 of H.T.&B. R.R. Co. Survey
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
See Attached Survey
NA - Abstract
Tax I.D. nmnber: Acct. ~ 0508 0016 000
Current use of land: Vacant
Proposed use of land within requested designation:
7th, 8th, 9th Grade School
and Agricultural Facility
Record owner'snarne: Fearland Independent School District
Owner's mailingaddress: 2337 N. Galveston Road, Pearland, Texas 77588
Owner's telephone number: (281) 485-3203
Agent's name: Kenneth R. Black - CLR
Agent's mailing address: 13100 Northwest Freeway, Suite 500, Houston, Texas 77040
Agent's telephone number:
(713) 462-0993
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
.u:-,:::. ::::: ,;: '?%Y:: %,'--"' ".
,, ,~!-i-IUAVII OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
,, of Texas
oria and Harris Counties
ndy Emmons, hereby certify that the notice hereby appended was published
azoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
lation in Brazoria and Harris Counties, for / issues, as follows:
No.
No:
No.
No.
No,
'/ Date
·Date
·:Date:
Date
Date
:ribe and sworn to before me this
LaL
Not
day of
AFF:-9~,4VIT 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.
tzoria and: Harris Counties in THE REPORTER NEWS, a ·newspaper of general
ation in Brazoria 'and Harris Counties, for / issues, as follows:
No.
Date
Date
ribe and sworn to before me this
:' '::'! Date: : ':' ::! :':: :'::"-.:=":-2b. ::'!'::: :: ":~'.':--""'
:: .- . . . .... :- . =.. :: ~ .':.: ~ -
'" Date ' ' :' = ' ' :" !.
-. .:.;...-::..:
.. · -': :-:i::: .:.. ::- !.
· :~'~,~J, ~,r. :'.
· . · dJ President . '
day of.
"' '
her
as
~: .:.
~ .-...
, ::, ·
: :. · .:: .: - . .. , . ..,..
August 8, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO ~ CITY COUNCIL ON SPECIFIC USE
APPLICATON NO. 89
Request of Kenneth R. Black of Cobourn Linseisen & Ratcliff, Inc. agent for Pearland
Independent School District, owner, for an amendment to the Land Use and Urban
Devdopment Ordinance of said City from Suburban Development District (SD) to
Suburban Development District-Specific Use (SD-S) for a specific use for a school on the
following described property, to wit:
79.5168 acres being aH of lot 17, Section 12, H.T. & B. R.R. co. survey, A-508, Brazoria
County, TX (McLean Road)
Honorable Mayor and Counc'd Members:
At a regular meeting held on August 7, 2000, after a Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil Beltz to
recommend approval of Specific Use Application No. 89.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
f~cTely' ~L
M~St~/d/~arr, Chairman ~
Planning & Zoning Commission