Ord. 509-515 03-26-01 Failed FAILED 3/26/01
ORDINANCE NO. 509-515
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 124.4087 ACRES, OUT OF 297.58
ACRES CONVEYED TO AARON PASTERNAK BY WARRANTY DEED
DATED JANUARY 14, 1969 AND RECORDED IN VOLUME 1023, PAGE
297, DEED RECORDS OF BRAZORIA COUNTY, TEXAS AND BEING IN
THE WARREN D.C. HALL LEAGUE, A-70, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 971)(PEARLAND PARKWAY) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-l) TO
SINGLE FAMILY DISTRICT PLANNED UNIT DEVELOPMENT (R-1 PUD)
AT THE REQUEST OF JOHN H. TAYLOR, TRUSTEE, AGENT FOR 313
ACRE PEARLAND JOINT VENTURE ET AL, 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, John H. Taylor, Trustee, agent for 313 Acre Pearland Joint Venture ET
AL, Owner, filed on February 1, 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 day of March, 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
ORDINANCE NO. 509-515
WHEREAS, on the 7th day of March, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, John H, Taylor, Trustee, agent for 313 Acre Pearland
Joint Venture ET AL, Owner, whereby the Commission recommended and approved a
change of classification for the property described in Exhibit "A" from its existing
classification of Single Family Dwelling District (R-l) to Single Family Dwelling District
Planned Unit Development (R-1 PUD); 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 March 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 John H. Taylor, Trustee, agent for 313 Acre Pearland Joint Venture ET
AL, 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 Single Family Dwelling District (R-l) to is
hereby for all purposes changed and reclassified as Single Family Dwelling District
Planned Unit Development (R-1 PUD); such property being more particularly described as:
2
ORDINANCE NO. 509-515
124.4087 acres, out of 297.58 acres conveyed to Aaron Pasternak by Warranty
Deed dated January 14, 1969 and recorded in Volume 1023, page 297, Deed
Records of Brazoria County, Texas and being in the Warren D.C. Hall League, A-
70, Brazoria County, Texas (Pearland Parkway)
I1.
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.
3
ORDINANCE NO, 509-515
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.
PASSED, APPROVED, and ADOPTED on First Reading this __ day of
,2001.
TOM REID
MAYOR
4
ORDINANCE NO. 509-515
ATTEST:
YOUNG LORFING
CITY SECRETARY
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 M. COKER
CITY ATTORNEY
5
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: "-Ilo --- O~o~Q, '2o~'-k
Current use of land: X'x] ~
Proposed use of land within requested desi~ation:
Record owner'sname: ~ &G~~L~
Owner's mailing ad&ess~ o ~ ~~-
Owner's telephone number: ~k-
Agent's name: ~O ~ ~. ~h
Agent's mailing address: ~ C~C
Agent's telephone number: '~ ~ --~
PETITION: As owner/agent, I hereby petition the CiW for approval of the above described request as
provided by the laws of the State of Texas and Ordinates of ~e City of Pearland. *On a Specific Use Pe~it
request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use may be
with cu~ent and future uses on
Received b,
~-2
P
R-2
(12)
R-2
ZONE (~H~N~IE
FROM
R-1 Lo R-l'
OWNERS: 313 ACRE PEARLAND
JOINT VENTURE
Golf
ACRE8
C~f IJMff IJNE
/
ZONE GHANEIE
FROM
R-1 TO PUD
OWNERS: 313 ACRE PEARLAND
1
JOINT VENTURE ~ Re. 'muiu. Ol~OOel o~ 1
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. ~' Date ~--/~ 20 O!
No. Date 20.
No, Date 20
No. Date 20
No. Date 20 --
~President
Subscribe and sworn to before me this//~ day of ~
oo,d
Notary P ul~ li~:,'"S~ai~; o~xa s
from
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
No. Date 20. __
No. Date 20
No. Date 20 __
No. Date 20.--
~President
Subscribe and sworn to before me this ~ day of
~.r~.~~ ~t:r~l~her
NotarY Public~ S~at6~as
c~s
~u~ ~. ~7~
March 7, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 971
Request of John H. Taylor, Trustee, agent for 313 Acre Pearland Joint Venture ET AL,
owners for an amendment to the Land Use and Urban Development Ordinance of said City
from Single Family Dwelling District (R-l) to Single Family Dwelling District Planned Unit
Development District (R-1 PUD) on the following described property, to wit:
124.4087 acres, out of 297.58 acres conveyed to Aaron Pasternak by Warranty Deed dated
January 14, 1969 and recorded in Vol. 1023, pg 297, Deed Records of Brazoria Co., TX and
being in the Warren D.C. Hall League, A-70, Brazoria Co., TX (Pearland Parkway)
Honorable Mayor and Council Members:
At a regular meeting held on March 5, 2001, after a Joint Public Heating, the Planning and Zoning
Commission considered the above-mentioned request.
A first motion was made by Commissioner Richard Tetens and seconded by Commissionor Randy
Patro to recommend denial of Zoning Application No. 971.
Motion to deny failed 3 to 4.
(Donald Glenn, H. Charles Viktorin, Emil Beltz and Todd Ioeco were against
recommendation for denial).
A second motion was made by Commissioner Todd Iocco and seconded by Commissioner Emil
Beltz to recommend approval of Zone Change Application No. 971. Commissioner Richard
Tetens stated that the density is too great and he does not think it will be good having small lots
backing up to the existing larger lots. Commissioner Patro strongly objected to putting R-3 size
lots in an R-1 zoned area.
Motion to approve passed 4 to 3.
(Russ Selemon, Randy Patro, and Richard Tetens were against the recommendation for
approval).
This is submitted for your consideration.
H. ~harles Viktorin, Chairman / /~'
Planning & Zoning Commission