Ord. 509-400 02-28-00ORDINANCE NO. 509-400
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 211.9140 ACRES IN THE W.D.C. HALL
SURVEY, A-23, HARRIS COUNTY, TEXAS, RECORDED UNDER COUNTY
CLERK'S FILE NO. T464162, OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY OF HARRIS COUNTY, TEXAS (APPLICATION NO. 840)
(BELLAVITA @ GREEN TEE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-4 PUD) AT THE REQUEST OF RENEE WEST, AGENT FOR REED -WEST
INVESTMENTS, LTD., 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 West, agent for Reed -West Investments, Ltd., Owner, filed on
September 14, 1999, 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 24th of January, 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 8th day of February, 2000, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Renee West, agent for Reed -West Investments, Ltd., Owner,
1
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-4 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 February 14, 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 Renee West, agent for Reed West Investments, Ltd., 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-4 PUD); such
property being more particularly described as:
Being 211.9140 acres in the W.D.C. Hall Survey, A-23, Harris County, Texas recorded
under County Clerk's File No. T464162, Official Public Records of Real Property of
Harris County, Texas (Bellavita @ Green Tee)
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
2
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.
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ORDINANCE NO. 509-400
PASSED, APPROVED, and ADOPTED on First Reading this 14`h day of
February, 2000.
TOM REID no
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
of February
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
, 2000.
TOM REID
MAYOR
4
X Change in Zoning Classification from:
SD
to:
R4PUD
Change in Regulations in Section #:
specific use tor: -
Property address: SEE EXHIBIT " A "
SEE EXHIBIT " A "
Lot: Block:
Subdivision:
Metes & Bounds Description: SEE EXHIBIT " A "
(unplatted property only; attach survey)
Tax I.D. number: 76-0590462
Proposed use of land within requested designation: FIFTY FIVE AND OLDER ACTIVE ADULT GATED
COMMUNITY.
Record owner's name: REED -WEST INVESTMENTS, LTD.
Owner's mailing address: 6302 BROADWAY SUITE 250 PEARLAND, TEXAS 77584
Owner's telephone number: 281-997-1500
Agent's name: RENEE WEST
Agent's mailing address 6302 BROADWAY SUITE 250 PEARLAND, TEXAS
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
incompatible with current and future uses on properties in my vicinity.
Owner's signature
Fees paid: $ -0- PER ALAN MUELLER )
Received by:
Agent's signature:
Date
CITY OF PERRLRND
ID:713-485-8764
OCT 14'99 8:36 No.005 P.03
add
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
R-4 MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
PUD PLANNED UNIT DEVELOPMENT DISTRICT
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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 J CA. M. 20 0 0
No. Date 20
No. Date 20
No. Date 20
No. Date 20
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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 /- /2 20 11D
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
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APR
February 8, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 840
Request of Renee West, agent for Reed -West Investments, Ltd., 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 Planned Unit Development
(R4-PUD) on the following described property, to wit:
Being 211.9140 acres in the W.D.C. Hall survey, A-23, Harris Co., TX, recorded under County
Clerk's File No. T464162, Official Public Records of Real Property of Harris Co., TX (Bellavita
@ Green Tee)
Honorable Mayor and Council Members:
At a regular meeting held on February 7, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Vice -Chairman Tommy L. Scott and seconded by Commissioner Emil
Beltz to recommend approval of Zone Change Application No. 840.
Motion to approve passed 6 to 1.
This is submitted for your consideration.
Sincerely,
/61*--
Mary Starr; Chairman
Planning & Zoning Cormnission