Ord. 509-532 09-10-01 Failed FAILED 9/10/01
ORDINANCE NO. 509-532
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF TH E CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING 49.85 ACRES, CONSISTING OF
29.12 ACRES IN LOT 126 AND 7.46 ACRES IN LOT 121, BOTH LOCATED
IN A-147, A. C. H. & B. SURVEY; AND 13.27 ACRES LOCATED IN
TRACTS lA & lB, A-399, T.D. YOCUM SURVEY, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 987) (JOHN LIZER ROAD)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-2) 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, Owner, filed on
July 12, 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
A, and
purposes, as Exhibit" "'
WHEREAS, on the 13th of August, 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
th
WHEREAS, on the 16 day of August, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-532
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 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 August 27, 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 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:
49.85 acres, consisting of 29.12 acres in Lot 126 and 7.46 acres in Lot 121, both
located in A-147, A. C. H. & B. Survey; and 13.27 acres located in Tracts lA & lB,
A-399, T.D. Yocum Survey, Brazoria County, Texas (John Lizer Road)
2
ORDINANCE NO. 509-532
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.
3
ORDINANCE NO. 509-532
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
ATTEST:
YOUNG LORFING
CITY SECRETARY
4
ORDINANCE NO. 509-532
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
August 16, 2001
Honorable Mayor and Council Members
City mn
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON' ZONING APPLICATION
NO. 987
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 Suburban Development District (SD)
to Single Family Dwelling District (R-2) on the following described property, to wit:
49.85 acres, consisting of 29.12 acres in Lot 126 and 7.46 acres in Lot 121, both located in A- 147, A.
C. H. & B. Survey; and 13.27 acres located in Tracts lA & lB, A-399, T.D. Yocum Survey, Brazoria
Co., TX (John Lizer Road)
Honorable Mayor and Council Members:
At a regular meeting held on August 13, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Robert Seherrer and seconded by Commissioner Russ
Selemon to forward Zoning Application No. 987 to City Council for approval.
Commissioner Selemon commented that he would like to see more gravitation to R-1.
Motion to approve passed 4 to 0
This is submitted for your consideration.
Sincerely,
H. Charles Vhktorin, Chairman
Planning & Zoning Commission
Change ut Zon ~g Classlficatton trom SD to ---~ R2 ,
, Change in Rb:gulations in Sectio. Ih
~fic Use lbr: *
Propcrtyaddress: Vacant land 1024 ft. frontin9 John Lizer near Pearland Pa {way.
Lot: 121 and 126 Abs 0147=36.583a~
· /Subdivision: A.C.H. & B Survey
..L°I:Tr'lA'lBBl°ekAbst 399=13;272 acI Subd{v{s{0n: T.D. Yocum
· ~-o$~ ~ - ~,~g~ , - Survey
Metes&Boundsl)escription: Brazoria Co.~ap drawing attached
0mplatted property only; attach attrvey) '
Taxl. D. nmnber: 0147-0041-000 and 0399-0003-000
Current use of land: Vacant
.prgposed use of land within requested designation: Residental Development
Amvest Properties, Inc.
Record owner's name:
Owner's mailing, addresa: 7676 Woodway, Suite 238, Houston, Texas 77063 I I , ·
Owner'8 t¢le hone number: 713 / 784 - 6102
A~.ent's n~me: ~qr. KI~N CAFFEY
Agent's mailing address: Same ~s above
._Agent's telephone munbcr: Same as above
t'ETITION: As Owner/agent, I hereby petitim~ the City for approval of Ihs above described request as
provided by tho laws of the State of Texas and etd nantes o~ the City of I earland. *On a Sp¢¢itio Use Permit
request to allow a residential use in a business zo ~e (OP, NS, GB), I acknowledge that such use may be
i~ncompatible with current and future uses on properties in my vicinity.
Owner s SlgtUtlurt:: Agent's signature:
I
ZONE CHANGE w
(;is Amvest Properties, Inc. SD TO R-2 Application No. 987 s
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, Harris & Galveston Counties, for. ,/ issues,:;as follows:
No. / Date '-]- ~ 20,0/
No. Date .20 __
No. Date .20.
No. Date _ 20
No. Date 20
Z~ '-
President
-3ubscribe and sworn to before me this 2-G day of
.I;oun¢il-and ttle ~PI,an~
the City 'Of-
*~nd C~u~ties~ Texas
~bn'duct.'~ ~Joint, Pu~J~
Hearing in the.Council
~hambe?s, Ci~ ~al!~
~berty Driv~,~ Pear[and,
Texas~.O,-the ~equest
Ken
Amvest Pr~ti~s,
AFFiDA¥[T OF ?UBLiCAT[ON
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, Harris & Galveston Counties, for / issues, as follows:
No. / Date ~-/ 200/
No. Date 20
No. Date 20 __
No. Date 20 __
No. Date 20
Subscribe and sworn to before me this -~ day of~/--;,7~,
a6[~,,~~&,9 I her
Notaw Public, State ~T~xas
:At s~