Ord. 509-473 07-10-00 FailedORDINANCE NO.509-473
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 LOT
28 & 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION
20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS
(APPLICATION NO.932) (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 A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, Ken Gaffey, agent for Amvest Properties, Inc., Owner, filed on May 19,
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 26t° of June, 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 10th day of July, 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, agent for Amvest Properties, Inc., Owner, whereby the
Commission recommended and approved a change of classification for the property described
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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 July 10, 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 , 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:
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 Lot 28 & 29, Allison Richey Gulf Coast Home Co.
Subdivision, Section 20, H.T. & B.R.R. Co. Survey, A-506, Brazoria County, Texas
(Sunrise Lake "East")
I I.
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.
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ORDINANCE NO. 509-473
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this _ day
of , 2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
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Change in Zoning Classification front: SD to: R-3
Change in Regulations in Section ft:
Specific Use for: *
Property address:
Lot: Block:
Subdivision: Sunyise Lake "East"
Metes d: Bounds Description:
(unplattcd property only; attach survey) See -Attached (10 Ac.) Exhibit "A"
Tax I.D. number:
Proposed use of land within requested designation: .Residential Development
Record owner's name: Amvest Properties, Inc.
Owner's mailing address: 7676 Woodway, Ste. 238, Houston, Texas 77063
Owner': tclephonc number: 713-784,6102
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Agent's name: Ken Caffey
Agent's mailing address: Same As Above
Agent's telephone number. 713-784-6102
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 Pcarland. *On a Specific Use
Permit request to allow a residential usc in a business zone (OP, NS, GB), I acknowledge that such usc
may te incompatible with current and future uses on properties in my vicinity.
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1 Owner's signature:
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Agent's signature:
1 Zees Si ASO wt'
paid:
Date paid: 051 t5 (g)
Received by
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ZONE SD
ZONE SD
ZONE 50
19
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City of Pea/fend, Texas
AMVEST PROPERTIES, INC.
ZONECHMANGE
SD TO R-3
DJUNE, 2000
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AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
Subscribe and sworn to before me this
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No.
No.
No.
No.
No.
Subscribe and sworn to before me this
)0 A)
20
LAUF A A. EMMONS
Notary Publie, State of Texas
mission Expires 9-9-02
Laura Ann Emmons, ' ublis er
Notary Public, State of Texas
July 10, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO.932
Request of Amvest Properties, Inc., owners, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Suburban Development District
(SD) to Single Family Dwelling District (R-3) on the following described property, to wit:
A 10.00 acres tract of land 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 special meeting held on July 10, 2000, the Planning and Zoning Commission considered the
the above -mentioned request. They recommend approval of this item.
This is submitted for your consideration.
Sincerely,
Mary Stair, Chairman
Planning & Zoning Commission
FIRST READING OF ORDINANCE NO. 509-473 - 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 LOT 28 & 29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION
20, H.T. & B.R.R. CO. SURVEY, A-506, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 932) (SUNRISE LAKE "EAST") FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF KEN CAFFEY, AGENT FORAMVEST PROPERTIES, INC., 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. Mr. Gene Tumlinson, Director of Community
Development and Services.
Mayor Pro-Tem Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-473 (Application No. 932) on its first reading.
Page 16 of 22 - 7/10/2000
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Notice is hereby given that on the 26th day of June, 2000, at 6:30 p.m., the City Council and the
;Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend
Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519
Liberty Drive, Pearland, Texas, on the 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
Classification Suburban Development District (SD) to Single Family Dwelling District (R-3) on
the following described property, to wit:
A 10.00 acre tract o fland 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")
An application and maps are enclosed for your information.
At said hearing all interested parties shall have the right and opportunity to appear and be heard
on the subject.
Yount, rfin
City ; retary"
APPLICATION NO. 932
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 932).
In an executive summary given by Director of Community Development and Services Gene
Tumlinson, he stated that this application is a request to change zoning classification from
Suburban Development District (SD) to Single Family Dwelling District (R-3).
Ken Caffey 1013 N. Amy, informed Council that he is available to answer any questions
Council may have zone change request.
Councilmember Marcott stated that he maintains his comments from the Public Hearing
regarding a traffic stop light. He is also concerned with the builder asking for variances
from the twenty five-foot distance of the corner lots, and four lots are in this particular area,
where we are not able to have the twenty-five feet from the corner to the driveway. They
wanted to move within ten to fifteen feet of the corner. Because of the houses they are
building are large, we are having to make modifications that he feels should not have to
be done. Councilmember Marcott reiterated that he has concerns about corner lots and the
location of their driveways. He further stated before the Council precedes with the zoning
on this, we ought to look further at the R-3's to see what can be done to have proper
distances and not be faced with variances on these particular pieces of land. It interrupts
what the City is intending to do, having space between the drive way, and the stops signs
for the busy roads.
Deputy City Manager, Alan Mueller, stated that the Zoning Board of Adjustments is an
independent body, and the code is in place, which addresses the concern that
Councilmember Marcott has. We as the staff do not control how the Zoning Board of
Adjustments vote. He further stated that this is due process, anybody who does not agree
with the code has the right to appeal to the Zoning Board of Adjustments.
Councilmember Seeger stated that he agrees with Councilmember Marcott. The fact that
this is R-3 zoning and we are trying to put larger homes on them, and then the certain
areas are requiring variances to fit these houses on the lots. He also stated that he would
consider R-2 zoning if that is what it takes to properly fit these homes on the Tots.
Councilmember Marcott made a motion to table Ordinance No. 509-473.
Ken Caffey stated that it does not matter what size lot you have you can always put a
bigger house on whatever size lot. We have to go by the ordinance, he is not saying it is
right, but this is how the developers are platting them. We are not behind it, and his firm
is the developer.
Page 17 of 22 - 7/10/2000
Additional discussion ensued between Council and Staff regarding this zoning.
Deputy City Manager, Alan Mueller, advised Council that he would discuss the issues
regarding these variances and corner lots brought up during the consideration of this action
with City Manager Glen Erwin.
Mayor Reid stated that there is a motion to table, and asked if there was a second?
Mayor Reid stated that the motion fails due to the lack of a second, and we are back to the
original motion which is to approve the first reading of Ordinance No. 509-473.
Voting "Aye" Councilmember Wilkins.
Voting "No" Seeger and Marcott.
Motion failed 2 to 1, with Councilmembers Beckman and Owens absent.
Page 18 of 22 - 7/10/2000
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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