Ord. 509-554 12-10-01 ORDINANCE NO. 509-554
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 AND GRANTING A SPECIFIC USE PERMIT FOR A SCHOOL TO
BE BUILT ON THE FOLLOWING PROPERTY, BEING 86.913 ACRES,
SECTION 15, H. T. & B. R.R. COMPANY SURVEY, A-241, OUT OF THE JOHN
MASSEY 160 ACRE TRACT RECORDED IN VOL. 708, PAGE 109, BRAZORIA
COUNTY DEED RECORDS, AND BEING PART OF A 10 ACRE TRACT
RECORDED IN VOLUME 1220, PG 413, BRAZORIA COUNTY DEED
RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 96) (MANVEL
ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT- SPECIFIC USE
(SD-(S)) AT THE REQUEST OF PHILLIP RUTFER OF PBK ARCHITECT,
AGENT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT 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, Phillip Rutter of PBK Amhitect agent, for Pearland Independent School
District, Owner, filed on September 24, 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 12th of November, 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 13th day of November, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Phillip Rutter of PBK Architect agent, for Pearland Independent
School District, Owner, whereby the Commission recommended and approved a change of
ORDINANCE NO. 509-554
classification for the property described in Exhibit "A" from its existing classification of
Suburban Development District (SD) to Suburban Development District - Specific Use (SD(S));
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 December 10, 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 Phillip Rutter of PBK Amhitect agent, for Pearland Independent School District,
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 Suburban Development District - Specific Use
Permit (SD(S)); such property being more particularly described as:
86.913 acres, Section 15, H. T. & B. R.R. Company Survey, A-241, out of the John
Massey 160 acre tract recorded in Vol. 708, page 109, Brazoria County Deed Records,
and being part of a 10 acre tract recorded in Volume 1220, pg 413, Brazoria County
Deed Records, Brazoria County, Texas (Manvel Road @ Fite Road)
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
2
ORDINANCE NO. 509-554
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, 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.
3
ORDINANCE NO. 509-554
PASSED, APPROVED, and ADOPTED on First Reading this ~.0 day of Decer~ber: ,
2001.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10 day of
December' ,2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
__ Change in Zoning Classification from: to:
__ Change in Regulations in Section #: ,'
Property address: roche.c<, oF ~'M \\2.~ +
Lot: Block: [ Subdivision:
Metes & Bounds Description: 8h,. ql% ¢,c-~-e5 o~c Lo. ri&
(unplattedpr0pertyonly;attachsurvey)O~ ~ ¢,rn-15 i~c<.
Tax I.D. number:
Current use of land: VZF~C~tBT
Proposed use of land within requested designation:
Owner'smailhgad~ess: R O.
Omer'stelephonenmber: ~Z~I) qZ5-
2~7~
Agent's t~l~hone nmber: (~t~ ~B q -qV S7 ' '
PETITION: As omer/agent, I hereby petition &o CiW for approval of&e above described request as
provided by &e laws of&e State of Tex~ md Oral,races of&e Ci~ of Po~lmd. *On a Sp~ific Use Pemt
request to allow a residential us~ ~ a b~ess zone (OP, NS, OB), I ac~owledge &at such
incompatible wis c~ent md ~e uses on propeflies
Omer's si~a~re: Agent's silage'
Fees paid: $ ~ ~. ~ ~ Date paid:
SPECIFIC USE APPLICATION NO. 96
Pearland I.S.D./PBK Architects, Inc.
Manvel Road @ Fite Road
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;~put~lished
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 /D ' 2 Y" 20., 01
No. Date 2Q __
No. Date 20 __
No. Date 20
No. Date 20 __
Subscribe and sworn to before me this. ,,~5' day of
20 O/
Nota~/~as
CJ~ Of Pea~Mhd;:l azora
Harris and FO 8eA¢
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 was4:pul~lished
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
cfrcuration in Brazoria and Harris Counties, for / issues/as follows:
No. 7 Date /0- -~/- 20 ¢/
No.. Date 2Q
No, Date : 20,
No. Date 20
No. Date 20
~l~res~dent
Subscribe and sworn to before me this / day of
_~0 ~
~her
Nota~ Public, State ~as
/q--~
November 13, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TIlE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 96
Request by Phillip Rutter of PBK Architect, agent for Pearland I.S.D, owner for an amendment
to the Land Use and Urban Development Ordinance of said City from Suburban Development
District (SD) to Suburban Development District - Specific Use (SD(S)) to allow for a school to
be built on the following described property, to wit:
86.913 acres, Section 15, H. T. & B. R.R. Co. survey, A-241, out of the John Massey 160 acre tract
recorded in Vol. 708, pg 109, Brazoria Co. Deed Records, and being part ofa 10 acre tract recorded in
Vol. 1220, pg 413, Brazoria Co Deed Records, Brazoria Co., TX (Manvel Road @ Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 12, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco with a second made by Commissioner Don
Sederdahl to forward Specific Use Application No. 96 to City Council for approval.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely, ~ , ,
H. Charles Viktorin, Chairman - bt,
Planning & Zoning Commission