Ord. 509-508 02-12-01 Failed FAILED 0211212001
ORDINANCE NO. 509-508
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 44.0130 ACRE TRACT OUT OF
A 78.1761 ACRE TRACT, BEING ALL OF TRACT 6 1/2, 5 AND A PART OF
TRACT 3 & 4 OF THE SUBDIVISION OF SECTION 5, H. T. & B. R.R. CO.
SURVEY, A-237, AS PER PLAT RECORDS IN VOL. 28, PG 6, DEED
RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 956)(HATFIELD
ESTATES) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO
SINGLE FAMILY 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 Caffey, agent for Amvest Properties, Inc., Owner, filed on October
11,2001, 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 15~h of January, 2001, 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 the16thday of January, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
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ORDINANCE NO. 509-508
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 in Exhibit "A" from its existing classification of Commercial
District (C) 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 February 12, 2001, 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 Peadand, Texas, and presently classified as Commercial District (C) to is hereby for all
purposes changed and reclassified as Single Family Dwelling District (R-3); such property
being more particularly described as:
A 44.0130 acre tract out of a 78.1761 acre tract, being all of Tract 61/2, 5 and a part
of Tract 3 & 4 of the Subdivision of Section 5, H. T. & B. R.R. Co. survey, A-237, as
per plat records in Vol. 28, pg 6, deed records of Brazoria Co., TX (Hatfield Estates)
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ORDINANCE NO. 509-508
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. 509-508
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.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this __ day of
,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CiTY SECRETARY
4
ORDINANCE NO. 509-508
PASSED, APPROVED, and ADOPTED on Second and Final Reading this __ day
of ,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
Change in Regulations in Section #: _
Specific Usc ibr: *
Property address:
Metes & Bounds Description: S~....% P,--TT~.,~ ~9
Tax I.D. nmnber:
Agent's mailing address: ~ fi ~ ~ ~ ~ ~ 0 ~ ~
PE'HTION: As owner/ageng I hereby ~tition ~e City for approval of~e a~ve de~rib~ r~u~t as
provided by the laws of the Stale of'l'ext~ and Ordinates of the City of Pearland. *On a Sp~iti¢ Use Permit
request to allow a ~sidemial use in a busin~ ~nne (OP, NS, GB), I ac~owl~ge that such use may bc
incompatible with cun~t and futme u~ on pro~ni~ in my vicinity.
Owner s signature: ~ [ A~ent's ~i?at.re: ~
ZO'd ~O0'ON ~:~I O0,gO 80N Pggs-ggP-£Ig:~I ONVq~O3d 30 AlI3
VtLLAGE
City of Peorlond, Tex(]s
AMYEST PROPERT]ES, INC,
FROM
C TO R-3
ZONE C
ZONE C
ZONE R-2
ZONE M-1
ZONE M-1
ZONE C
27
ZONE R-2
City of Peorlond, Texos
AMVEST PROPERTIES, INC.
FROM
C TO R-3
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harri.s Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and HarriS Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris COunties, for // issues, as follows:
No. / Date" /,2---~7 20/~
No. Date 20 __
No. Date 20
No. Date 20
No. Date 20 __
~ubscribe and sworn to before me this ~(~ day of ~/-~,
AI:~rC~L'rL~;I~-'~ is h e r
~N~tary ~, S~te of Te~ ~
'~xas
..
Pub. lisl~d l~c. 27, 2000 ~n the 15Ih day Of Janomy,
Coune~and the Planrdtlg
NOllCE OF A JOINT a~l Zoning Co~ of
PU~UC HEARING OF THE the *City of Pearland,
CITY ~ ~ 1lIE Btazoda, Harris and Fort
conduct a Joint' Public
Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive,. Pearlmtd,
Texas, on the request of
Ken Ceffey, agent for
Amvest':Propertiec lnc,,
owne~, fm an amendnmnt to
the 'Land Use and Urban
Oeve~t Ordmnce o~
(r~,r, mem.d~d [~Bmc~ (C) to
Sbl~.l~k Fendiy Dwelling
Tfl~M 6'~1~2~$ aJ~a
;a Br~z~ C~,TXw
· d peflJe~-heve the
~right an~oliq~dunityo~)
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for ? issues/as follows:
No. 7 Date /-~ 20 ~/
No. Date 2Q
No. Date 20 __
No. Date 20
No. Date 20 --
~)~resident -
Subscribe and sworn to before me this ~ day of ~¢~J
~_. -. -~ ~
[~~~l~ner
Nota~ Public, Siat~as
Published Dec. 27, 2000 afll of Tract 6 I~, ,5 and~
and Jan. 3,200t part af Tract 3 & 4 of the
Subdivision o~ Section 5, H.
NOTICE OF A JOINT T. & 13. R.R Co. sur-/ey,
PUBUC HEARING OF THE 237, as per P~at mco~s
CITY COUNCIL AND THE VoL 28, pg 6, ~ re~rds
PLANNtNG AND ZONING of Brazofia Co, TX (HaffieEI
C~Y OF PEARl. AND,
~ At said hearing all interest.
ad parties shall have the
I~ice je hereby given that right and opportunity to
aritho tSthdayofJan~y, appear and be heard on the
2~1, al 6:30 p.m., the City sub~-'L
Council and the Planning
I and Z_~.~ing Com~nissidn of /s/ Young Lorlng
~ [ha C~ty of Pearland
/ Brazoria, Harris and Fort
I ~coun~, T~s,~ ~m
I conduct a Joint Pub~
in the Counc~'
Ha,, 351§
Liberty Drive, Pearlan~
Texas, on the request ef
Ken Caffey, agent for
Amvast Properties, Inc,,
owner, torah amendment io
the Land Use and Urba~
Development Ordinance of
said Ci~ from C~assh~
Commercial Dial~ict (C) ~
Single Family Owellini
O~ct (R-3) on the toao~
lng descr bed Properly, t4
a 78.1761 acm I~'a~t, heing~
January 16, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 956
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 Commercial District (C) to
Single Family Dwelling District 01-3) on the following described property, to wit:
A 44.0130 acre tract out of a 78.1761 acre tract, being ali of Tract 6 ½, 5 and a part of Tract
3 & 4 of the Subdivision of Section 5, H. T. & B. R.R. Co. survey, A-237, as per plat records
in Vol. 28, pg 6, deed records of Brazoria Co., TX (Hatfield Estates)
Honorable Mayor and Council Members:
At a regular meeting held on January 15, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Richard Tetens and seconded by Commissioner Russ
Selemon to recommend denial of Zone Change Application No. 956. Commissioner Tetens
stated that he feels this has been poorly planned due to the surrounding zonings.
Motion to deny passed 6 to 0 (Chairman Viktorin abstained).
This is submitted for your consideration.
S~Tere ~
H. Charles Viktorin, Chairman
Planning & Zoning Commission