Ord. 509-511 03-12-01 ORDINANCE NO. 509-511
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 31.1548 ACRES LOCATED IN THE
W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS (APPLICATION
NO. 969) (VILLA VERDE, SECTION II & Ill) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-2) AT THE REQUEST OF RENEE L. WEST, AGENT FOR
VILLA VERDE, SECTION II & Ill, L.P., 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, Renee L. West, agent for Villa Verde, Section II & Ill, L.P., Owner, filed
on January 9, 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 5th of February, 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 the 6th day of February, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Renee L. West, agent for Villa Verde, Section II &
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ORDINANCE NO. 509-511
III, L.P., Owner, whereby the 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-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 February 26, 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 Renee L. West, agent for Villa Verde, Section II & III, L.P., 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-2);
such property being more particularly described as:
31.1548 acres located in the W.D.C. Hall Survey, A-23, Harris County, Texas (Villa
Verde, Section II & III)
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
2
ORDINANCE NO. 509-511
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.
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, ~md consistent with the approval herein granted for the reclassification
of the herein above described property.
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ORDINANCE NO. 509-511
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 26 day of
February ,2001.
TOM REID
MAYOR
ATTEST:
:TUyhCETiC~I~A~y / ~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day
of March ,2001. /~
MAYOR
4
ORDINANCE NO. 509-511
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
x Change in Zoning Classification from: SD to:R-2
__ Change in Regulations in Section #:
Specific Use for: *
Property address: See Attached Legal Description
Lot: Block: I Subdivision: Villa Verde Section II & III
Metes & Bounds Description:
(unplatted property only; attach survey) See Attached Legal Description
Tax I.D. number: 76-0590642
Current use of land: undeveloped
Proposed use of land within requested designation: To develop an upscale community
Record owner's name: Villa Verde Section II & III, LP
Owner's mailing address:
Owner's telephone number:
Agent's name: Renee L. West
Agent's mailing address: 6302 Broadway Suite 250 Pearland, Tx 77581
Agent's telephone number: 281-997-1500
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
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
with current and future uses on
Owner's signature:
~0.00 1-9-01
C~ub ACRE8
Green Tee ~ ~
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 arid Harris Counties, for / issues,-as follows:
No. 7-' Date /-/') 20/J/
No. Date 2Q
No. Date 20
No. Date 20.__
No. Date 20
(~President
Subscribe and sworn to before me this ~ day of ~/_~
20 O / ~~her
~6u~Cil~d tM Plent~lng~
~ Zoning ~mmL~mic)fl
the City Qt~ P~nd,
Br~oria, H~ffis and
~ ~un~, Te~,.MII.
co,duct a-Joint Public
~e~in9 in the Council
Liberty Drive;. Peedbnd~
Texas, on tA~ request of
Re~ee L. West, agen~ for
~, o~r, for ~ ~-
~-to.the ~nd Use and
Urban Development
(SIn~le Family Dwelling
Di~tri~) on the following
W.D~C. Hall $u~ey,~A-~;
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 waspublished
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 c/' 20 ~/
No. Date 20.
No. Date 20
No. Date 20
No. Date 20--
~Pmsident
Subscribe and sworn to before me this ' ~ day of r,//~
20 OI
~.~?~her
Notary Public~ S~a-t~-of Texas
Published Jan. 17 & Jan.
24,2001
NOllCE OF A J~NT,
PUBLIC HEARING OF THE
CITY COUNCIL AND ~I~HE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF pEARl. AND, .
,TEXAS ;.,
Not~ is..hersby gi~n ~h?i
on the ~th:da~ ~i
2001, at 6:30 p.m,;
Count and tl~e P!anning.
an~ Zoning C/ommissio~ of
the City df P.earla.~id,
.i~razor a, Harris' and ~:ort
Bend'¢oun~Hs,
CondUct a~ol~t?~b'~ic
Hearii~g Jp the. Council
Chemberi,;~City Hal!, 3519
Liberiy:'[~ri~.e,
Texas, o~ihe r~ques~ of
Reneet.. West, agent for
Villa-Verde, ~ecti~ [I & III,
:L.I~,
merit to.
· UF~an: merit
d'c:~/from.
ling
~g
'l~¥ou~ig Loding' ~
Cily Secreta~7
APPUCATION NO. 969
February6,2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 969
Request of Renee L. West, agent for Villa Verde, Section II & HI, L.P., 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:
31.1548 acres located in the W.D.C. Hall survey, A-23, Harris Co., TX (Villa Verde, Section
II & III)
Honorable Mayor and Council Members:
At a regular meeting held on February 5, 2001, atter a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Richard F. Tetens and seconded by Commissioner Randy
Patro to recommend approval of Zone Change Application No. 969. Commissioner Tetens stated
this request complies with the Comprehensive Plan and it is just an extension of an existing
subdivision.
Motion to approve passed 6 to O.
This is submitted for your consideration.
~cerely, ~ , ,
H. Charles Viktorin, Chairman
Planrdng & Zoning Commission